[Federal Register Volume 72, Number 207 (Friday, October 26, 2007)]
[Notices]
[Pages 60916-60918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-21086]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-334 and 50-412]
FirstEnergy Nuclear Operating Company; Beaver Valley Power
Station, 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. DPR-66 and NPF-73 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 License Nos.
DPR-66 and NPF-73, which authorize FirstEnergy Nuclear Operating
Company (FENOC), to operate Beaver Valley Power Station, Units 1 and 2,
respectively, at 2900 megawatts thermal for each unit. The renewed
licenses would authorize the applicant to operate Beaver Valley Power
Station, Units 1 and 2, for an additional 20 years beyond the period
specified in the current licenses. The current operating licenses for
Beaver Valley Power Station, Units 1 and 2, expire on January 29, 2016,
and May 27, 2026, respectively.
FENOC submitted the application dated August 27, 2007, pursuant to
Title 10 of the Code of Federal Regulations CFR part 54 (10 CFR part
54), to renew Operating License Nos. DPR-66 and NPF-73 for Beaver
Valley Power Station, Units 1 and 2, respectively. A Notice of Receipt
and Availability of the license renewal application (LRA) was published
in the Federal Register on September 24, 2007 (72 FR 54301).
The Commission's staff has determined that FENOC has submitted
sufficient information in accordance with 10 CFR 54.19, 54.21, 54.22,
54.23, 51.45, and 51.53(c) to enable the staff to undertake a review of
the application, and the application is therefore acceptable for
docketing. The current Docket Nos. 50-334 and 50-412 for Operating
License Nos. DPR-66 and NPF-73, respectively, will be retained. The
determination to accept the license renewal application for docketing
does not constitute a determination that a renewed license should be
issued, and does not preclude the NRC staff from requesting additional
information as the review proceeds.
Before issuance of each requested renewed license, the NRC will
have made the findings required by the Atomic Energy Act of 1954 (the
Act), as amended, and the Commission's rules and regulations. In
accordance with 10 CFR 54.29, the NRC may 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. In
considering the LRA, the Commission must find that the applicable
requirements of Subpart A of 10 CFR part 51 have been satisfied.
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 the environmental scoping meeting will be the
subject of a separate Federal Register notice.
Within 60 days after the date of publication of this Federal
Register Notice, 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 or a petition for leave to
intervene with respect to the renewal of the license. Requests for a
hearing or petitions for leave to intervene must be filed in accordance
with the Commission's ``Rules of Practice for Domestic Licensing
Proceedings'' in 10 CFR part 2. Interested persons should consult a
current copy of 10 CFR 2.309, which is available at the Commission's
Public Document Room (PDR), located at One White Flint North, 11555
Rockville Pike (first floor), Rockville, Maryland 20852 and is
accessible from the NRC's Agencywide Documents Access and Management
System (ADAMS) Public Electronic Reading Room on the Internet at http://www.nrc.gov/reading-rm/adams.html. Persons who do not have access to
ADAMS 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/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 Panel will issue a notice of a hearing or an
appropriate order. In the event that 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 parts 51 and 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 the following factors: (1) The
nature of the requestor's/petitioner's right under the Act to be made a
party to the proceeding; (2) the nature and extent of the requestor's/
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's/petitioner's interest. The
petition must also set forth the specific contentions which the
petitioner/requestor seeks to have litigated in 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 provide a brief explanation of the bases of
each contention and a concise statement of 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
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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 alpha 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 will be required to 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 hearing or a petition for leave to intervene
must be filed in accordance with the NRC E-Filing rule, which the NRC
promulgated in August 2007, 72 FR 49, 139 (August 28, 2007). The E-
filing process requires participants to submit and serve documents over
the internet or in some cases to mail copies on electronic storage
media. Participants may not submit paper copies of their filings unless
they seek a waiver in accordance with the procedures described below.
To comply with the procedural requirements of E-Filing, at least
five (5) days prior to the filing deadline, the petitioner/requestor
must contact the Office of the Secretary by e-mail at
[email protected], or by calling (301) 415-1677, to request: (1) A
digital ID certificate, which allows the participant (or the counsel or
representative) to digital sign documents and access the E-Submittal
server for any proceeding in which it is participating; and/or (2)
creation of an electronic docket for the proceeding (even in instances
in which the requestor/petitioner (or it's council or representative)
already holds an NRC-issued digital ID certificate). Each requestor/
petitioner will need to download the Workplace Forms
ViewerTM to access the Electronic Information Exchange
(EIE), a component of the E-Filing system. The Workplace Forms
ViewerTM is free and is available at http://www.nrc.gov/site-help/e-submittals/install-viewer.html. Information about applying
for a digital ID certificate is available on NRC's public Web site at
http://www.nrc.gov/site-help/e-submittals/apply-certificates.html.
Once a requestor/petitioner has obtained a digital ID certificate,
had a docket created, and downloaded the EIE viewer, it can then submit
a request for hearing or petition for leave to intervene. Submissions
should be in Portable Document Format (PDF) in accordance with NRC
guidance available on the NRC public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the
time the filer submits its documents through EIE. To be timely, an
electronic filing must be submitted to the EIE system no later than
11:59 p.m. Eastern Time on the due date. Upon receipt of a
transmission, the E-Filing system time-stamps the document and sends
the submitter an e-mail notice confirming receipt of the document. The
EIE system also distributes an e-mail notice that provides access to
the document to the NRC Office of the General Counsel and any others
who have advised the Office of the Secretary that they wish to
participate in the proceeding, so that the filer need not serve the
documents on those participants separately. Therefore, applicants and
other participants (or their counsel or representatives) must apply for
and receive a digital ID certificate before a hearing request/petition
to intervene is filed so that they can obtain access to the document
via the E-Filing system.
A person filing electronically may seek assistance through the
``Contact Us'' link located on the NRC Web site at http://www.nrc.gov/site-help/e-submittals.html or by calling the NRC technical help line,
which is available between 8:30 a.m. and 4:15 p.m., Eastern Time,
Monday through Friday. The help line number is (800) 397-4209 or
locally, (301) 415-4737.
Participants who believe that they have a good cause for not
submitting documents electronically must file a motion, in accordance
with 10 CFR 2.302(g), with their initial paper filing requesting
authorization to continue to submit documents in paper format. Such
filings must be submitted by: (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
Adjudication Staff; or (2) courier, express mail, or expedited delivery
service to the Office of the Secretary, Sixteenth Floor, One White
Flint North, 11555 Rockville Pike, Maryland 20852, Attention:
Rulemaking and Adjudications Staff. Participants filing a document in
this manner are responsible for serving the document on all other
participants. Filing is considered complete by first-class mail as of
the time of deposit in the mail, or by courier, express mail or
expedited delivery service upon depositing the document with the
provider of the service.
Non-timely 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 Panel that the
petition and/or request should be granted and/or the contentions should
be admitted based on a balancing of the factors specified in 10 CFR
2.309(c)(1)(i)-(viii). To be timely, filings must be submitted no later
than 11:59 p.m. Eastern Time on the due date.
Documents submitted in adjudicatory proceedings will appear in
NRC's electronic hearing docket which is available to the public at
http://ehd.nrc.gov/EHD_Proceeding/home.asp, unless excluded pursuant
to an order of the Commission, an Atomic Safety and Licensing Board
Panel, or a Presiding Officer. Participants are requested not to
include personal privacy information, such as social security numbers,
home addresses, or home phone numbers in their filings. With respect to
copyrighted works, except for limited excerpts that serve the purpose
of the adjudicatory filings and would constitute a Fair Use
application, participants are requested not to include copyrighted
materials in their submission.
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 licenses for Beaver Valley Power
Station, Units 1 and 2, are available for public inspection at the
Commission's PDR, located at One White Flint North, 11555 Rockville
Pike (first floor), Rockville, Maryland 20852-2738, and at http://www.nrc.gov/reactors/operating/licensing/renewal/applications.html, the
NRC's Web site while the application is under review. The application
may be accessed in ADAMS through the NRC's Public Electronic Reading
Room on the Internet at http://www.nrc.gov/reading-rm/adams.html under
ADAMS Accession Number ML072430913. As stated above, persons who do not
have access to ADAMS or who encounter problems in
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accessing the documents located in ADAMS may contact the NRC PDR
Reference staff by telephone at 1-800-397-4209 or 301-415-4737, or by
e-mail to [email protected].
The NRC staff has verified that a copy of the LRA is also available
to local residents near Beaver Valley Power Station, Units 1 and 2, at
the Beaver Area Memorial Library, 100 College Avenue, Beaver,
Pennsylvania 15009, and the Beaver County Library System, 1 Campus
Drive, Monaca, Pennsylvania 15061.
Dated at Rockville, Maryland, this 22nd day of October, 2007.
For the Nuclear Regulatory Commission.
Louise Lund,
Acting Director, Division of License Renewal, Office of Nuclear Reactor
Regulation.
[FR Doc. E7-21086 Filed 10-25-07; 8:45 am]
BILLING CODE 7590-01-P