[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.


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    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