[Federal Register Volume 75, Number 205 (Monday, October 25, 2010)]
[Pages 65528-65531]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-26863]



[Docket No. 50-346; NRC-2010-0298]

Notice of Acceptance for Docketing of the Application, Notice of 
Opportunity for Hearing for Facility Operating License No. NPF-003 for 
an Additional 20-Year Period; Firstenergy Nuclear Operating Company, 
Davis-Besse Nuclear Power Station, Unit 1

    The U.S. Nuclear Regulatory Commission (Commission or NRC) is 
considering an application for the renewal of operating licenses NPF-
003, which authorizes FirstEnergy Nuclear Power Operating Company 
(FENOC), to operate the Davis-Besse Nuclear Power Station (DBNPS), Unit 
1, at 2817 megawatts thermal. The renewed license would authorize the 
applicant to operate the DBNPS, for an additional 20 years beyond the 
period specified in the current license. DBNPS is located near Toledo, 
OH. The current operating license expires on April 22, 2017.

[[Page 65529]]

    FENOC submitted the application dated August 27, 2010, pursuant to 
Title 10 of the Code of Federal Regulations, part 54 (10 CFR part 54) 
to renew operating license NPF-003. A notice of receipt and 
availability of the license renewal application (LRA) was published in 
the Federal Register on September 20, 2010 (75 FR 57299).
    The Commission has determined that FENOC has submitted sufficient 
information in accordance with 10 CFR 54.19, 54.21, 54.22, 54.23, and 
51.53(c), to enable the staff to undertake a review of the application, 
and the application is therefore acceptable for docketing. The 
Commission will retain the current Docket No. 50-346, for Operating 
License No. PF-003. The determination to accept the LRA 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 the 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, 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 will 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, and 
that matters raised under 10 CFR 2.335 have been addressed. Pursuant to 
10 CFR 51.26, and as part of the environmental scoping process, the 
staff intends to hold public scoping meetings. Detailed information 
regarding the environmental scoping meetings 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 and 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 and Issuance of Orders'' 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 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/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 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 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 
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.

    \1\ If 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.

    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 must jointly designate a 
representative who shall have the authority to act for the requestors/
petitioners with respect to that contention.
    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

[[Page 65530]]

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 (72 FR 49139, August 28, 2007). 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 participant should 
contact the Office of the Secretary by e-mail at 
[email protected], or by telephone at (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 
(2) advise the Secretary that the participant will be submitting a 
request or petition for hearing (even in instances in which the 
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the 
Secretary will establish an electronic docket for the hearing in this 
proceeding if the Secretary has not already established an electronic 
    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. System requirements for accessing 
the E-Submittal server are detailed in NRC's ``Guidance for Electronic 
Submission,'' which is available on the agency's public Web site at 
http://www.nrc.gov/site-help/e-submittals.html. Participants may 
attempt to use other software not listed on the Web site, but should 
note that the NRC's E-Filing system does not support unlisted software, 
and the NRC Meta System Help Desk will not be able to offer assistance 
in using unlisted software.
    If a participant is electronically submitting a document to the NRC 
in accordance with the E-Filing rule, the participant must file the 
document using the NRC's online, Web-based submission form. In order to 
serve documents through EIE, users will be required to install a Web 
browser plug-in from the NRC Web site. Further information on the Web-
based submission form, including the installation of the Web browser 
plug-in, is available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html.
    Once a participant has obtained a digital ID certificate and a 
docket has been created, the participant 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 
documents are submitted through the NRC's E-Filing system. To be 
timely, an electronic filing must be submitted to the E-Filing 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 
E-Filing 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 by contacting the NRC Meta System 
Help Desk through the ``Contact Us'' link located on the NRC Web site 
at http://www.nrc.gov/site-help/e-submittals.html, by e-mail at 
[email protected], or by a toll-free call at (866) 672-7640. The 
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m., 
Eastern Time, Monday through Friday, excluding government holidays.
    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. A presiding officer, having 
granted an exemption request from using E-Filing, may require a 
participant or party to use E-Filing if the presiding officer 
subsequently determines that the reason for granting the exemption from 
use of E-Filing no longer exists.
    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, or the 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 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 license for DBNPS 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 ML102450572. As 
stated above, persons who do not have access to ADAMS or who encounter 
problems in 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].

[[Page 65531]]

    The NRC staff has verified that a copy of the license renewal 
application is also available to local residents near the site at the 
Ida Rupp Public Library, 310 Madison Street, Port Clinton, OH 43452 and 
the Toledo-Lucas County Public Library, 325 North Michigan Street, 
Toledo, OH 43604.

    Dated at Rockville, Maryland, this 18th day of October 2010.

    For the Nuclear Regulatory Commission.
Brian E. Holian,
Director, Division of License Renewal, Office of Nuclear Reactor 
[FR Doc. 2010-26863 Filed 10-22-10; 8:45 am]