[Federal Register Volume 76, Number 9 (Thursday, January 13, 2011)]
[Notices]
[Pages 2426-2428]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-610]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Numbers 50-498, 50-499; NRC-2010-0375]
Notice of Acceptance for Docketing of the Application and Notice
of Opportunity for Hearing Regarding Renewal of Facility Operating
License Numbers NPF-76 and NPF-80 for an Additional 20-Year Period, STP
Nuclear Operating Company, South Texas Project, Units 1 and 2
The U.S. Nuclear Regulatory Commission (NRC or the Commission) is
considering an application for the renewal of operating licenses NPF-76
and NPF-80, which authorizes STP Nuclear Operating Company (STPNOC), to
operate the South Texas Project STP, Unit 1, at 3853 megawatts thermal
and Unit 2 at 3853 megawatts thermal, respectively. The renewed
licenses would authorize the applicant to operate STP, Units 1 and 2,
for an additional 20 years beyond the period specified in the current
licenses. STP, Units 1 and 2, are located near Wadsworth, TX; the
current operating license for Unit 1 expires on August 20, 2027, and
Unit 2 expires on December 15, 2028.
STPNOC submitted the application dated October 25, 2010, pursuant
to Title 10, Part 54, of the Code of Federal Regulations (10 CFR Part
54), to renew operating licenses NPF-76 and NPF-80 for STP, Units 1 and
2. A notice of receipt and availability of the license renewal
application (LRA) was published in the Federal Register on December 9,
2010 (75 FR 76757).
The NRC staff has determined that STPNOC has submitted sufficient
information in accordance with 10 CFR Sections 54.19, 54.21, 54.22,
54.23, and 51.53(c), to enable the staff to undertake a review of the
application, and that the application is therefore acceptable for
docketing. The current Docket Numbers 50-498 and 50-499 for operating
licenses NPF-76 and NPF-80, respectively, will be retained. 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 licenses, 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 the renewed licenses 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
licenses 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 a public scoping meeting. Detailed information
regarding
[[Page 2427]]
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 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. http://www.nrc.gov/readingrm/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 basis for
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\ 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.
---------------------------------------------------------------------------
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 49139 (Aug. 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
ten (10) days prior to the filing deadline, the requestor/petitioner
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 requestor/petitioner (or its counsel 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
[[Page 2428]]
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 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 1-800-397-4209 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
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. 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 STP, 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
ML103010256. 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 Public Document Room (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 license renewal
application is also available to local residents near STP, at the Bay
City Public Library, 1100 7th Street, Bay City, TX 77414.
Dated at Rockville, Maryland, this 7th day of January, 2011.
For the Nuclear Regulatory Commission.
Brian E. Holian,
Director, Division of License Renewal, Office of Nuclear Reactor
Regulation.
[FR Doc. 2011-610 Filed 1-12-11; 8:45 am]
BILLING CODE 7590-01-P