[Federal Register Volume 83, Number 173 (Thursday, September 6, 2018)]
[Notices]
[Pages 45285-45287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19246]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-277 and 50-278; NRC-2018-0130]
Exelon Generation Company, LLC: Peach Bottom Atomic Power
Station, Units 2 and 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 subsequent license renewal of Renewed Facility
Operating License Nos. DPR-44 and DPR-56, that authorizes Exelon
Generation Company, LLC (Exelon or the applicant) to operate Peach
Bottom Atomic Power Station Units 2 and 3 (Peach Bottom). The renewed
licenses would authorize the applicant to operate Peach Bottom for an
additional 20 years beyond the period specified in each of the current
renewed licenses. The current renewed operating licenses for Peach
Bottom expire as follows: Unit 2 on August 8, 2033, and Unit 3 on July
2, 2034.
DATES: Requests for a hearing or petition for leave to intervene must
be filed by November 5, 2018.
ADDRESSES: Please refer to Docket ID NRC-2018-0130 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 website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0130. Address
questions about NRC dockets to Jennifer Borges; telephone: 301-287-
9127; 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 ``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 (if it is available in ADAMS) is provided the first
time that it is mentioned in this document.
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: Bennett M. Brady, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-2981, email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
By letter dated July 10, 2018 (ADAMS Package Accession No.
ML18193A689); the NRC received an application from Exelon, filed
pursuant to Section 103 of the Atomic Energy Act of 1954, as amended
(the Act), and part 54 of title 10 of the Code of Federal Regulations
(CFR), to renew the operating licenses for Peach Bottom Units 2 and 3,
at 3,951-megawatt thermal each. The Peach Bottom units are boiling
water reactors designed by General Electric Company and are located in
Delta, PA (17.9 miles south of Lancaster, PA). A notice of receipt of
the subsequent license renewal application (SLRA) was published in the
Federal Register on August 1, 2018 (83 FR 37529).
By letter, dated August 27, 2018 (ADAMS Accession No. ML18191B085,
the NRC staff determined that Exelon 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 (ADAMS Accession No. ML18191B085). The current Docket Nos.
50-277 and
[[Page 45286]]
50-278 for Renewed Facility Operating License Nos. DPR-44 and DPR-56,
respectively, will be retained. The determination to accept the SLRA
for docketing does not constitute a determination that a subsequent
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 subsequent renewed licenses, the
NRC will have made the findings required by the Act, and the
Commission's rules and regulations. In accordance with 10 CFR 54.29,
the NRC may issue a subsequent 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 licenses will continue to be
conducted in accordance with the current licensing basis and that any
changes made to the plant's current licensing basis 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. To issue
the renewed license, the Commission must determine whether applicable
requirements of subpart A of 10 CFR part 51 have been satisfied, and
whether any 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 NRC staff intends to hold a public scoping meeting.
Detailed information regarding the environmental scoping meeting 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 notice, any
persons (petitioner) whose interest may be affected by this action may
file a request for a hearing and petition for leave to intervene
(petition) with respect to the action. Petitions shall 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. The NRC's regulations are accessible
electronically from the NRC Library on the NRC's website at http://www.nrc.gov/reading-rm/doc-collections/cfr/. Alternatively, a copy of
the regulations is available at the NRC's Public Document Room, located
at One White Flint North, Room O1-F21, 11555 Rockville Pike (first
floor), Rockville, Maryland 20852. If a petition is filed, the
Commission or a presiding officer will rule on the petition and, if
appropriate, a notice of hearing will be issued.
As required by 10 CFR 2.309, a petition should specifically explain
the reasons why intervention should be permitted with particular
reference to the following general requirements for standing: (1) The
name, address, and telephone number of the petitioner; (2) the nature
of the petitioner's right under the Act to be made a party to the
proceeding; (3) the nature and extent of the petitioner's property,
financial, or other interest in the proceeding; and (4) the possible
effect of any decision or order which may be entered in the proceeding
on the petitioner's interest.
In accordance with 10 CFR 2.309(f), the petition must also set
forth the specific contentions which the petitioner seeks to have
litigated in 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 petitioner must provide a brief explanation of the bases
for the contention and a concise statement of the alleged facts or
expert opinion which support the contention and on which the petitioner
intends to rely in proving the contention at the hearing. The
petitioner must also provide references to the specific sources and
documents on which the petitioner intends to rely to support its
position on the issue. The petition must include sufficient information
to show that a genuine dispute exists with the applicant or licensee on
a material issue of law or fact. Contentions must be limited to matters
within the scope of the proceeding. The contention must be one which,
if proven, would entitle the petitioner to relief. A petitioner who
fails to satisfy the requirements at 10 CFR 2.309(f) with respect to at
least one contention will not be permitted to participate as a party.
Those permitted to intervene become parties to the proceeding,
subject to any limitations in the order granting leave to intervene.
Parties have the opportunity to participate fully in the conduct of the
hearing with respect to resolution of that party's admitted
contentions, including the opportunity to present evidence, consistent
with the NRC's regulations, policies, and procedures.
Petitions must be filed no later than 60 days from the date of
publication of this notice. Petitions and motions for leave to file new
or amended contentions that are 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) through (iii). The petition must be filed in
accordance with the filing instructions in the ``Electronic Submissions
(E-Filing)'' section of this document.
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 no later
than 60 days from the date of publication of this notice. 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 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. Alternatively, a State, local
governmental body, Federally-recognized Indian Tribe, or agency thereof
may participate as a non-party under 10 CFR 2.315(c).
If a hearing is granted, any person who is not a party to the
proceeding and is not affiliated with or represented by a party 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
his or her 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. Details
regarding the opportunity to make a limited appearance will be provided
by the presiding officer if such sessions are scheduled.
III. Electronic Submissions (E-Filing)
All documents filed in NRC adjudicatory proceedings, including a
request for hearing and petition for leave to intervene (petition), any
motion
[[Page 45287]]
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 that request to participate under 10
CFR 2.315(c), must be filed in accordance with the NRC's E-Filing rule
(72 FR 49139; August 28, 2007, as amended at 77 FR 46562, August 3,
2012). 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. Detailed guidance on making
electronic submissions may be found in the Guidance for Electronic
Submissions to the NRC and on the NRC's website at http://www.nrc.gov/site-help/e-submittals.html. 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 mail 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 submissions and access the E-Filing
system for any proceeding in which it is participating; and (2) advise
the Secretary that the participant will be submitting a request or
other adjudicatory document (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 website at http://www.nrc.gov/site-help/e-submittals/getting-started.html. Once a participant has obtained a
digital ID certificate and a docket has been created, the participant
can then submit adjudicatory documents. Submissions must be in Portable
Document Format (PDF). Additional guidance on PDF submissions is
available on the NRC's public website at https://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the
time the document is 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 document on those participants separately. Therefore,
applicants and other participants (or their counsel or representative)
must apply for and receive a digital ID certificate before adjudicatory
documents are filed so that they can obtain access to the documents via
the E-Filing system.
A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic
Filing Help Desk through the ``Contact Us'' link located on the NRC's
public website at https://www.nrc.gov/site-help/e-submittals/contact-us-eie.html by email to [email protected], or by a toll-free call
at 1-866-672-7640. The NRC Electronic Filing Help Desk is available
between 9 a.m. and 6 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
stating why there is good cause for not filing electronically and
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, 11555
Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and
Adjudications Staff. Participants filing adjudicatory documents 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 a request
for exemption 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://adams.nrc.gov/ehd, unless excluded pursuant to an order of the
Commission or the presiding officer. If you do not have an NRC-issued
digital ID certificate as described above, click cancel when the link
requests certificates and you will be automatically directed to the
NRC's electronic hearing dockets where you will be able to access any
publicly available documents in a particular hearing docket.
Participants are requested not to include personal privacy information,
such as social security numbers, home addresses, or personal phone
numbers in their filings, unless an NRC regulation or other law
requires submission of such information. For example, in some
instances, individuals provide home addresses in order to demonstrate
proximity to a facility or site. 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 subsequent 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 website. Copies
of the application to renew the operating licenses for Peach Bottom are
available for public inspection at the NRC's PDR, and at the NRC's
website http://www.nrc.gov/reactors/operating/licensing/renewal/subsequent-license-renewal.html, 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
Package Accession No. ML18193A689.
The NRC staff has verified that a copy of the SLRA is also
available for inspection near the site at the Harford County Public
Library: Whiteford Branch, 2407 Whiteford Rd, Whiteford, MD 21160.
Dated at Rockville, Maryland, this 30th day of August 2018.
For the Nuclear Regulatory Commission.
Eric R. Oesterle,
Chief, License Renewal Project Branch, Division of Materials and
License Renewal Office of Nuclear Reactor Regulation.
[FR Doc. 2018-19246 Filed 9-5-18; 8:45 am]
BILLING CODE 7590-01-P