[Federal Register Volume 81, Number 104 (Tuesday, May 31, 2016)]
[Notices]
[Pages 34379-34382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12739]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-382; NRC-2016-0078]


Entergy Operations, Inc.; Waterford Steam Electric Station, Unit 
3

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 NPF-38, which 
authorizes Entergy Operations, Inc. (the applicant), to operate 
Waterford Steam Electric Station, Unit 3 (Waterford 3). The renewed 
license would authorize the applicant to operate Waterford 3 for an 
additional 20 years beyond the period specified in the current license. 
The current operating license for Waterford 3 expires at midnight on 
December 18, 2024.

DATES: A request for a hearing or petition for leave to intervene must 
be filed by August 1, 2016.

ADDRESSES: Please refer to Docket ID NRC-2016-0078 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain 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-2016-0078. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact 
the individual 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 
License Renewal Application is available in ADAMS under Accession no. 
ML16088A324.
     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: Phyllis Clark, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC 
20555-0001; telephone: 301-415-6447, email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Introduction

    The NRC received a license renewal application (LRA) from Entergy 
Operations, Inc., dated March 23, 2016, requesting renewal of operating 
license NPF-38, which authorizes Entergy Operations, Inc., to operate 
Waterford 3 at 3716 megawatts thermal. Waterford 3 is located in 
Killona, Louisiana. Entergy Operations, Inc. 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 April 14, 2016 (81 FR 22128).
    The NRC's staff has determined that Entergy Operations, Inc. has 
submitted sufficient information in accordance with 10 CFR 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, acceptable for docketing. The current docket number, 50-382, 
for operating license number NPF-382, will be retained. The 
determination to accept the LRA for docketing does not

[[Page 34380]]

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 as a supplement to the 
Commission's NUREG-1437, ``Generic Environmental Impact Statement for 
License Renewal of Nuclear Power 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 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 ``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 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. Pursuant to 
10 CFR 2.309(d), the petition must provide the name, address, and 
telephone number of the petitioner; and specifically explain the 
reasons why intervention should be permitted with particular reference 
to the following factors for the Waterford 3 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 petition must 
also set forth the specific contentions which the petitioner/requestor 
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 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. 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.
    The petition should be submitted to the Commission by August 1, 
2016. Petitions filed after the deadline, amended petitions, and 
supplemental petitions will not be entertained absent a determination 
by the Commission, the Atomic Safety and Licensing Board Panel or a 
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, Federally-recognized Indian 
Tribe, or agency thereof, may submit a petition to the Commission to 
participate as a party under 10 CFR 2.309(h)(1). The petition should 
state the nature and extent of the petitioner's interest in the 
proceeding. The petition should be submitted to the Commission by 
August 1, 2016. The 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 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, or agency thereof does not need to address the standing 
requirements in 10 CFR 2.309(d) if the facility is located within its 
boundaries. A State, local governmental body, Federally-recognized 
Indian Tribe, or agency thereof 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

[[Page 34381]]

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, subject to the 
limits and conditions as may be imposed by the presiding officer. 
Persons desiring to make a limited appearance are requested to inform 
the Secretary of the Commission by August 1, 2016.
    The Commission requests that each contention be given a separate 
numeric or alpha designation within one of the following groups: (1) 
Ktechnical (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 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 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 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 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 NRC 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, in some

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instances, a request to intervene will require including 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 license for Waterford 3 is 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 No. 
ML16088A324. 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 the site at the 
St. Charles Parish Library--East Regional Library, 160 W. Campus Drive, 
Destrehan, Louisiana 70047.

    Dated at Rockville, Maryland, this 20th day of May 2016.

    For the Nuclear Regulatory Commission.
Jane E. Marshall,
Acting Director, Division of License Renewal, Office of Nuclear Reactor 
Regulation.
[FR Doc. 2016-12739 Filed 5-27-16; 8:45 am]
 BILLING CODE 7590-01-P