[Federal Register Volume 79, Number 117 (Wednesday, June 18, 2014)]
[Notices]
[Pages 34787-34790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-14272]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-341; NRC-2014-0109]
DTE Electric Company; Fermi 2
AGENCY: Nuclear Regulatory Commission.
ACTION: License renewal application; opportunity to request a hearing
and to petition for leave to intervene.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering an
application for the renewal of operating license number NPF-43, which
authorizes DTE Electric Company, to operate Fermi 2. The renewed
license would authorize the applicant to operate Fermi 2 for an
additional 20 years beyond the period specified in the current license.
The current operating license for Fermi 2 (NPF-43) expires at midnight
on March 20, 2025. Fermi 2 is a boiling-water reactor designed by
General Electric and is located near Frenchtown Township, Monroe
County, Michigan.
DATES: A request for a hearing or petition for leave to intervene must
be filed by August 18, 2014.
ADDRESSES: Please refer to Docket ID NRC-2014-0109 when contacting the
NRC about the availability of information regarding this document. You
may access publicly-available information related to this document
using any of the following methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2014-0109. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: [email protected]. For technical questions, contact
the individual(s) listed in the FOR FURTHER INFORMATION CONTACT section
of this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS,
please contact the NRC's Public Document Room (PDR) reference staff at
1-800-397-4209, 301-415-4737, or by email to [email protected]. The
ADAMS accession number for each document referenced in this document
(if that document is available in ADAMS) is provided the first time
that a document is referenced. The copy of the license renewal
application is available in ADAMS under Accession Nos. ML14121A554 and
ML14156A237.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: Daneira Mel[eacute]ndez-Col[oacute]n,
Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001; telephone: 301-415-3301, email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
The NRC received a license renewal application (LRA) from DTE
Electric Company, dated April 24, 2014, requesting renewal of operating
license number NPF-43, which authorizes DTE Electric Company to operate
Fermi 2 at 3486 megawatts thermal. Fermi 2 is located in Frenchtown
Township, Monroe County, Michigan. DTE Electric Company submitted the
application pursuant to part 54 of Title 10 of the Code of Federal
Regulations (10 CFR). A notice of receipt of the LRA was published in
the Federal Register on May 12, 2014 (79 FR 27003). On June 5, 2014,
DTE Electric Company submitted an administrative amendment to the
license renewal application. A copy of the amendment is available in
ADAMS under Accession No. ML14156A237.
The NRC staff has determined that DTE Electric Company has
submitted sufficient information in accordance with 10 CFR 2.101,
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 that the application is
therefore complete and acceptable for docketing. The current docket
number, 50-341, for operating license number NPF-43, 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 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 for the renewal of the Fermi
2 operating license (NPF-43) as a supplement to the Commission's NUREG-
1437, ``Generic Environmental Impact Statement for License Renewal of
Nuclear Plants,'' dated June 2013. 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.
II. Opportunity To Request a Hearing and Petition for Leave To
Intervene
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 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
[[Page 34788]]
Commission's ``Agency Rules of Practice and Procedure'' in 10 CFR part
2. Interested persons should consult a current copy of 10 CFR 2.309,
which is available at the NRC's PDR, located at One White Flint North,
11555 Rockville Pike (first floor), Rockville, Maryland 20852, and is
accessible from the NRC Library 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 email 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 of the Commission (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 request for hearing or petition for
leave to intervene must 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. Pursuant to
10 CFR 2.309(d), the request for hearing or petition for leave to
intervene must provide the name, address, and telephone number of the
requestor or petitioner; and specifically explain the reasons why
intervention should be permitted with particular reference to the
following factors for the Fermi 2 site: (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 request for
hearing or petition for leave to intervene must also set forth the
specific contentions which the requestor/petitioner seeks to have
litigated at the proceeding.
In accordance with 10 CFR 2.309(f), 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 expert opinions which support the
contention and on which the requestor/petitioner intends to rely at
hearing. The requestor/petitioner must also provide references to those
specific sources and documents on which the requestor/petitioner
intends to rely to support its position on the issue. The requestor/
petitioner must provide sufficient information to show that a genuine
dispute exists with the applicant/licensee on a material issue of law
or fact. This information must include references to specific portions
of the application that the petitioner disputes and the supporting
reasons for each dispute, or if the petitioner believes that the
application fails to contain information on a relevant matter as
required by law, the identification of each failure and the supporting
reasons for the petitioner's belief. 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.
Hearing requests, intervention petitions, and motions for leave to
file new or amended contentions filed after the deadline will not be
entertained absent a determination by the presiding officer that the
filing demonstrates good cause by satisfying the three factors in 10
CFR 2.309(c)(1)(i)-(iii).
A State, local governmental body, or Federally-recognized Indian
tribe may submit a request for hearing or a petition to intervene to
the Commission to participate as a party to the proceeding under 10 CFR
2.309(h)(1). The request for hearing or petition to intervene must
contain at least one admissible contention, and must designate a single
representative for the hearing. The request for hearing or petition to
intervene should be submitted to the Commission by August 18, 2014. The
request or petition must be filed in accordance with the filing
instructions in the ``Electronic Submission (E-Filing)'' section of
this document, and should meet the requirements for requests for
hearing and petitions for leave to intervene set forth in this section,
except that under 10 CFR 2.309(h)(2) a State, local governmental body,
or Federally-recognized Indian tribe, does not need to address the
standing requirements in 10 CFR 2.309(d) if the proceeding pertains to
a production or utilization facility and that facility is located
within its boundaries. A State, local governmental body, or Federally-
recognized Indian tribe, may also have the opportunity to participate
under 10 CFR 2.315(c).
If a hearing is granted, any person who does not wish, or is not
qualified, to become a party to the proceeding may, in the discretion
of the presiding officer, be permitted to make a limited appearance
pursuant to the provisions of 10 CFR 2.315(a). A person making a
limited appearance may make an oral or written statement of position on
the issues, but may not otherwise participate in the proceeding. A
limited appearance may be made at any session of the hearing or at any
prehearing conference, within the limits and on the conditions fixed by
the presiding officer. Such statements of position shall not be
considered evidence in the proceeding. Persons desiring to make a
limited appearance are requested to inform the Secretary of the
Commission by August 18, 2014.
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.
III. Electronic Submissions (E-Filing)
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 for leave to intervene, and documents
filed by interested governmental entities participating under 10 CFR
2.315(c), must be filed in accordance with the NRC's 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
[[Page 34789]]
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 10
days prior to the filing deadline, the participant should contact the
Office of the Secretary by email at [email protected], or by
telephone at 301-415-1677, to request (1) A digital identification (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 hearing request
or petition for leave to intervene (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
docket.
Information about applying for a digital ID certificate is
available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/getting-started.html. System requirements for accessing
the E-Submittal server are detailed in the 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 the Electronic Information Exchange System,
users will be required to install a Web browser plug-in from the NRC's
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 the NRC's guidance
available on the NRC's 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 email notice confirming receipt of the document. The
E-Filing system also distributes an email notice that provides access
to the document to the NRC's 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 NRC'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's public
Web site at http://www.nrc.gov/site-help/e-submittals.html, by email to
[email protected], or by a toll-free call at 1-866-672-7640. 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 the
NRC's electronic hearing docket which is available to the public at
http://ehd1.nrc.gov/ehd/, 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.
However, a request for hearing or petition for leave to intervene
should include information on local residence in order to demonstrate a
proximity assertion of interest in the proceeding. 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 Fermi 2 are available
for public inspection at the NRC's PDR, 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 Library on the Internet at http://www.nrc.gov/reading-rm/adams.html under ADAMS Accession Nos.
ML14121A554 and ML14156A237. 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's PDR reference staff by telephone
at 1-800-397-4209 or 301-415-4737, or by email to
[email protected].
The NRC staff has verified that a copy of the license renewal
application is also available to local residents near Fermi 2 at the
Ellis Library and Reference Center, 3700 South Custer Road, Monroe, MI
48161.
Dated at Rockville, Maryland, this 11th day of June 2014.
[[Page 34790]]
For the Nuclear Regulatory Commission.
John W. Lubinski,
Director, Division of License Renewal, Office of Nuclear Reactor
Regulation.
[FR Doc. 2014-14272 Filed 6-17-14; 8:45 am]
BILLING CODE 7590-01-P