[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