[Federal Register Volume 72, Number 161 (Tuesday, August 21, 2007)]
[Notices]
[Pages 46680-46682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-16467]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-424 and 50-425]


Southern Nuclear Operating Company, Inc., Vogtle Electric 
Generating Plant, Units 1 and 2; Notice of Acceptance for Docketing of 
the Application, and Notice of Opportunity for Hearing Regarding 
Renewal of Facility Operating License Nos. NPF-68 and NPF-81 for an 
Additional 20-Year Period

    The U.S. Nuclear Regulatory Commission (NRC or the Commission) is 
considering an application for the renewal of operating licenses NPF-68 
and NPF-81, which authorizes Southern Nuclear Operating Company, Inc. 
(SNC), to operate the Vogtle Electric Generating Plant (VEGP), Units 1 
and 2, at 3565 and 3565 megawatts thermal, respectively. Renewal of the 
licenses would authorize the applicant to operate VEGP, Unit 1 for an 
additional 20-year period beyond the period specified in the current 
operating license. For VEGP, Unit 2, the renewed license would 
authorize the applicant to operate for an additional 20 years beyond 
the period specified in the current operating license or 40 years from 
the date of issuance of the new license, whichever occurs first. The 
current operating license for VEGP, Unit 1, (NPF-68), expires on 
January 16, 2027. VEGP, Unit 1 is a Pressurized Water Reactor designed 
by Westinghouse. The current operating license for VEGP, Unit 2, (NPF-
81), expires on February 9, 2029. VEGP, Unit 2, is a Pressurized Water 
Reactor designed by Westinghouse. Both units are located near 
Waynesboro, Georgia.
    On June 29, 2007, the Commission's staff received an application 
from SNC, to renew operating licenses NPF-68 and NPF-81, pursuant to 
Title 10, Part 54, ``Requirements for Renewal of Operating Licenses for 
Nuclear Power Plants,'' of the Code of Federal Regulations (10 CFR Part 
54). A notice of receipt and availability of the license renewal 
application (LRA) was published in the Federal Register on August 3, 
2007 (72 FR 43296).
    The Commission's staff has reviewed the LRA for its acceptability 
and has determined that SNC has submitted sufficient information in 
accordance with 10 CFR 54.19, 54.21, 54.22, 54.23, and 51.53(c), and 
that the application is acceptable for docketing. The

[[Page 46681]]

Commission will retain the current Docket Nos. 50-424 and 50-425, for 
operating licenses NPF-68 and NPF-81. The docketing of the LRA does not 
preclude requests for additional information as the review proceeds, 
nor does it predict whether the Commission will grant or deny the 
license.
    Before issuance of each requested renewed license, the NRC will 
have made the findings required by the Atomic Energy Act of 1954, as 
amended (the Act), and the Commission's rules and regulations. In 
accordance with 10 CFR 54.29, ``Standards for Issuance of a Renewed 
License,'' the NRC will issue a renewed license on the basis of its 
review if it finds that actions have been identified and have been or 
will be taken with respect to (1) managing the effects of aging during 
the period of extended operation on the functionality of structures and 
components that have been identified as requiring aging management 
review, and (2) time-limited aging analyses that have been identified 
as requiring review, such that there is reasonable assurance that the 
activities authorized by the renewed license will continue to be 
conducted in accordance with the current licensing basis (CLB), and 
that any changes made to the plant's CLB comply with the Act and the 
Commission's regulations.
    Additionally, in accordance with 10 CFR 51.95(c), the NRC will 
prepare an environmental impact statement that is a supplement to the 
Commission's NUREG-1437, ``Generic Environmental Impact Statement for 
License Renewal of Nuclear Power Plants,'' dated May 1996. Pursuant to 
10 CFR 51.26, and as part of the environmental scoping process, the 
staff intends to hold a public scoping meeting. Detailed information 
regarding this meeting will be the subject of a separate Federal 
Register notice.
    Within 60 days after the date of publication of this Federal 
Register notice, the requestor/petitioner may file a request for a 
hearing, and any person whose interest may be affected by this 
proceeding and who wishes to participate as a party in the proceeding 
must file a written request for a hearing and a petition for leave to 
intervene with respect to the renewal of the license. Interested 
parties must file requests for a hearing and a petition for leave to 
intervene in accordance with 10 CFR Part 2, ``Rules of Practice for 
Domestic Licensing Proceedings and Issuance of Orders.'' Those 
interested should consult a current copy of 10 CFR 2.309, ``Hearing 
Requests, Petitions to Intervene, Requirements for Standing and 
Contentions,'' which is available at the Commission's Public Document 
Room (PDR), located at One White Flint North, 11555 Rockville Pike, 
Rockville, Maryland 20852, and is accessible from the Agencywide 
Documents Access and Management System's (ADAMS) Public Electronic 
Reading Room through the Internet at http://www.nrc.gov/reading-rm/adams.html. Persons who do not have access to the Internet or who 
encounter problems in accessing the documents located in ADAMS should 
contact the NRC's PDR reference staff by telephone at 1-800-397-4209, 
or 301-415-4737, or by e-mail at [email protected]. If a request for a 
hearing or a petition for leave to intervene is filed within the 60-day 
period, the Commission or a presiding officer designated by the 
Commission or by the Chief Administrative Judge of the Atomic Safety 
and Licensing Board Panel will rule on the request and/or petition, and 
the Secretary or the Chief Administrative Judge of the Atomic Safety 
and Licensing Board will issue a notice of a hearing or an appropriate 
order. If no request for a hearing or petition for leave to intervene 
is filed within the 60-day period, the NRC may, upon completion of its 
evaluations and upon making the findings required under 10 CFR Part 51 
and 10 CFR Part 54, renew the license without further notice.
    As required by 10 CFR 2.309, a petition for leave to intervene 
shall set forth with particularity the interest of the petitioner in 
the proceeding and how that interest may be affected by the results of 
the proceeding, taking into consideration the limited scope of matters 
that may be considered pursuant to 10 CFR Parts 51 and 54. The petition 
must specifically explain the reasons why intervention should be 
permitted with particular reference to (1) the nature of the requestor/
petitioner's right under the Act to be made a party to the proceeding, 
(2) the nature and extent of the requestor/petitioner's property, 
financial, or other interest in the proceeding, and (3) the possible 
effect of any decision or order which may be entered in the proceeding 
on the requestor/petitioner's interest. The petition must also set 
forth the specific contentions that the petitioner/requestor seeks to 
have litigated at the proceeding.
    Each contention must consist of a specific statement of the issue 
of law or fact to be raised or controverted. In addition, the 
requestor/petitioner shall briefly explain the bases of each contention 
and concisely state the alleged facts or the expert opinion that 
supports the contention on which the requestor/petitioner intends to 
rely in proving the contention at the hearing. The requestor/petitioner 
must also provide references to those specific sources and documents of 
which the requestor/petitioner is aware and on which the requestor/
petitioner intends to rely to establish those facts or expert opinion. 
The requestor/petitioner must provide sufficient information to show 
that a genuine dispute exists with the applicant on a material issue of 
law or fact.\1\ Contentions shall be limited to matters within the 
scope of the action under consideration. The contention must be one 
that, if proven, would entitle the requestor/petitioner to relief. A 
requestor/petitioner who fails to satisfy these requirements with 
respect to at least one contention will not be permitted to participate 
as a party.
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    \1\ To the extent that the application contains attachments and 
supporting documents that are not publicly available because they 
are asserted to contain safeguards or proprietary information, 
petitioners desiring access to this information should contact the 
applicant or applicant's counsel to discuss the need for a 
protective order.
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    The Commission requests that each contention be given a separate 
numeric or alphabetical designation within one of the following groups 
(1) technical (primarily related to safety concerns), (2) 
environmental, or (3) miscellaneous.
    As specified in 10 CFR 2.309, if two or more requestors/petitioners 
seek to co-sponsor a contention or propose substantially the same 
contention, the requestors/petitioners must jointly designate a 
representative who shall have the authority to act for the requestors/
petitioners with respect to that contention.
    Those permitted to intervene become parties to the proceeding, 
subject to any limitations in the order granting leave to intervene, 
and have the opportunity to participate fully in the conduct of the 
hearing. A request for a hearing or a petition for leave to intervene 
must be filed by either (1) first class mail addressed to the Office of 
the Secretary of the Commission, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, Attention: Rulemaking and Adjudications 
Staff, (2) courier, express mail, and expedited delivery services to 
the Office of the Secretary, Sixteenth Floor, One White Flint North, 
11555 Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking 
and Adjudications Staff, (3) e-mail addressed to the Office of the 
Secretary, U.S. Nuclear Regulatory Commission, [email protected], 
or (4) facsimile transmission addressed to the Office of the Secretary, 
U.S. Nuclear Regulatory Commission, Washington, DC, Attention: 
Rulemaking and Adjudications Staff at 301-415-1101

[[Page 46682]]

(verification number is 301-415-1966).\2\ Requestors/petitioners must 
send a copy of the request for hearing and petition for leave to 
intervene to the Office of the General Counsel, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001; copies should be transmitted 
either by facsimile to 301-415-3725 or by e-mail to 
[email protected]. Requestors/petitioners must also send a copy of 
the request for hearing and petition for leave to intervene to the 
attorney for the licensee, Mr. Stanford M. Blanton, Esquire, Balch & 
Bingham LLP, P. O. Box 306, Birmingham, Alabama 35201.
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    \2\ If the request/petition is filed by e-mail or facsimile, an 
original and two copies of the document must be mailed within 2 
(two) business days thereafter to the Secretary, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001; Attention: 
Rulemaking and Adjudications Staff.
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    Untimely requests and/or petitions and contentions will not be 
entertained absent a determination by the Commission, the presiding 
officer, or the Atomic Safety and Licensing Board that the petition, 
request, and/or contentions should be granted based on a balancing of 
the factors specified in 10 CFR 2.309(a)(1)(i)-(viii).
    Detailed information about the license renewal process can be found 
under the Nuclear Reactors icon at http://www.nrc.gov/reactors/operating/licensing/renewal.html on the NRC's Web site. Copies of the 
application to renew the operating license for VEGP, Units 1 and 2 are 
publicly available at the NRC's PDR, located at One White Flint North, 
11555 Rockville Pike, Rockville, Maryland 20852, or from ADAMS. The 
ADAMS Accession numbers for the LRA and the Environmental Report (ER) 
are ML071840360 and ML071840357, respectively. The public may also view 
the LRA and the ER on the Internet at www.nrc.gov/reactors/operating/licensing/renewal/applications.html. In addition, the LRA and the ER 
are available to the public near VEGP, Units 1 and 2, at the Burke 
County Library, 130 Highway 24 South, Waynesboro, Georgia 30830.

    Dated at Rockville, Maryland, this 15th day of August 2007.

    For the Nuclear Regulatory Commission.
Pao-Tsin Kuo,
Director, Division of License Renewal, Office of Nuclear Reactor 
Regulation.
 [FR Doc. E7-16467 Filed 8-20-07; 8:45 am]
BILLING CODE 7590-01-P