[Federal Register Volume 74, Number 108 (Monday, June 8, 2009)]
[Pages 27188-27190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-13296]



[Docket No. 50-005; NRC-2009-0228, Facility License No. R-2]

The Pennsylvania State University Notice of Acceptance for 
Docketing of the Application and Notice of Opportunity for Hearing 
Regarding Renewal of Breazeale Reactor for an Additional 20-Year Period

    The Nuclear Regulatory Commission (NRC or the Commission) is 
considering an application for the renewal of Facility Operating 
License No. R-2, which authorizes the Pennsylvania State University 
(PSU or the licensee) to operate the Penn State Breazeale Reactor 
(PSBR) at 1,000 kilowatts thermal power. The renewed license would

[[Page 27189]]

authorize the licensee to operate the PSBR for an additional 20 years 
from the date of issuance.
    On December 6, 2005, the Commission's staff received an application 
from PSU filed pursuant to 10 CFR Part 50.51(a), to renew Facility 
Operating License No. R-2 for the PSBR. Because the license renewal 
application was filed in a timely manner in accordance with 10 CFR 
2.109, the license will not be deemed to have expired until the license 
renewal application has been finally determined.
    Based on its initial review of the application, the Commission's 
staff determined that PSU submitted sufficient information in 
accordance with 10 CFR 50.33 and 50.34 so that the application is 
acceptable for docketing. The current Docket No. 50-005 for Facility 
Operating License No. R-2 will be retained. The docketing of the 
renewal application does not preclude requests for additional 
information as the review proceeds, nor does it predict whether the 
Commission will grant or deny the application. Prior to a decision to 
renew the license, the Commission will make findings required by the 
Atomic Energy Act of 1954, as amended (the Act), and the Commission's 
rules and regulations.
    Within 60 days after the date of publication of this notice, the 
applicant may file a request for a hearing, and any person(s) 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, via electronic 
submission through the NRC E-filing system. Requests for a hearing and 
a petition for leave to intervene shall be filed in accordance with the 
Commission's ``Rules of Practice for Domestic Licensing Proceedings'' 
in 10 CFR Part 2. Interested person(s) 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, Public File Area O1F21, 
11555 Rockville Pike (first floor), Rockville, Maryland and on the NRC 
Web site, http://www.nrc.gov/reading-rm/doc-collections/cfr. Publicly 
available records will be accessible from the Agencywide Documents 
Access and Management System's (ADAMS) Public Electronic Reading Room 
on the Internet at the NRC Web site, http://www.nrc.gov/reading-rm/adams.html. If a request for a hearing or 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.
    As required by 10 CFR 2.309, a petition for leave to intervene 
shall set forth with particularity the interest of the petitioner/
requestor in the proceeding, and how that interest may be affected by 
the results of the proceeding. The petition should specifically explain 
the reasons why intervention should be permitted with particular 
reference to the following general requirements: (1) The name, address 
and telephone number of the requestor or petitioner; (2) the nature of 
the requestor's/petitioner's right under the Act to be made a party to 
the proceeding; (3) the nature and extent of the requestor's/
petitioner's property, financial, or other interest in the proceeding; 
and (4) 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 identify 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 
petitioner/requestor shall provide a brief explanation of the bases for 
the contention and a concise statement of the alleged facts or expert 
opinion that supports the contention and on which the petitioner 
intends to rely in proving the contention at the hearing. The 
petitioner must also provide references to those specific sources and 
documents of which the petitioner is aware and on which the petitioner 
intends to rely to establish those facts or expert opinion. The 
petition must include sufficient information to show that a genuine 
dispute exists with the applicant on a material issue of law or fact. 
Contentions shall be limited to matters within the scope of the 
licensing action (i.e., license renewal) under consideration. The 
contention must be one which, if proven, would entitle the petitioner/
requestor to relief. A petitioner/requestor who fails to satisfy these 
requirements with respect to at least one contention will not be 
permitted to participate as a party.
    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 
    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing, a petition for leave to intervene, any motion or 
other document filed in the proceeding prior to the submission of a 
request for hearing or petition to intervene, and documents filed by 
interested governmental entities participating under 10 CFR 2.315(c), 
must be filed in accordance with the NRC E-Filing rule, which the NRC 
promulgated on August 28, 2007 (72 FRN 49139). The E-Filing process 
requires participants to submit and serve all adjudicatory 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 an exemption in accordance with the procedures 
described below.
    To comply with the procedural requirements of E-Filing, at least 
ten (10) 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 its counsel or 
representative) to digitally 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 petitioner/requestor (or its counsel or representative) 
already holds an NRC-issued digital ID certificate). Each petitioner/
requestor 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 petitioner/requestor 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

[[Page 27190]]

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 
representative) 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 using the agency's adjudicatory e-
filing system 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 electronic filing Help Desk, 
which is available between 8 a.m. and 8 p.m., Eastern Time, Monday 
through Friday, excluding government holidays. The toll-free help line 
number is (866) 672-7640. A person filing electronically may also seek 
assistance by sending an e-mail to the NRC electronic filing Help Desk 
at [email protected].
    Participants who believe that they have a good cause for not 
submitting documents electronically must file an exemption request, 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 Adjudications 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, Rockville, 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 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, 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, unless an NRC regulation or 
other law requires submission of such information. 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 submissions.
    Detailed guidance which the NRC uses to review applications for the 
renewal of non-power reactor licenses can be found in the document 
NUREG-1537, entitled ``Guidelines for Preparing and Reviewing 
Applications for the Licensing of Non-Power Reactors,'' which can be 
obtained from the Commission's PDR. The NRC maintains an Agencywide 
Documents Access and Management System (ADAMS), which provides text and 
image files of NRC's public documents. The detailed review guidance 
(NUREG-1537) may be accessed through the NRC's Public Electronic 
Reading Room on the Internet at http://www.nrc.gov/reading-rm/adams.html under ADAMS Accession No. ML041230055 for part one and 
ML041230048 for part two. Copies of the application to renew the 
facility license for the licensee 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. The 
initial application and other related documents may be accessed through 
the NRC's Public Electronic Reading Room, at the address mentioned 
above, under ADAMS Accession No. ML080840445 (Redacted Version). 
Persons who do not have access to ADAMS, or have problems accessing the 
documents located in ADAMS, may contact the NRC PDR Reference staff at 
(800) 397-4209, or locally, (301) 415-4737, or by e-mail to 
[email protected].

    Dated at Rockville, Maryland, the 1st day of June, 2009.

    For the Nuclear Regulatory Commission.
Kathryn M. Brock,
Chief, Research and Test Reactors Branch A, Division of Policy and 
Rulemaking, Office of Nuclear Reactor Regulation.
[FR Doc. E9-13296 Filed 6-5-09; 8:45 am]