[Federal Register Volume 86, Number 13 (Friday, January 22, 2021)]
[Pages 6684-6686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01410]



[Docket Nos. 50-266 and 50-301; NRC-2021-0021]

NextEra Energy Point Beach, LLC; Point Beach Nuclear Plant, Units 
1 and 2

AGENCY: Nuclear Regulatory Commission.

ACTION: Subsequent license renewal application; opportunity to request 
a hearing and to petition for leave to intervene.


SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering an 
application for the subsequent renewal of Renewed Facility Operating 
License Nos. DPR-24 and DPR-27, which authorize NextEra Energy Point 
Beach, LLC (NextEra, the applicant) to operate Point Beach Nuclear 
Plant, Units 1 and 2 (Point Beach), respectively. The subsequent 
renewed operating licenses would authorize the applicant to operate 
Point Beach for an additional 20 years beyond the period specified in 
each of the current renewed operating licenses. The current renewed 
operating licenses for Point Beach expire as follows: Unit 1 on October 
5, 2030, and Unit 2 on March 8, 2033.

DATES: A request for a hearing or petition for leave to intervene must 
be filed by March 23, 2021.

ADDRESSES: Please refer to Docket ID NRC-2021-0021 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 https://www.regulations.gov and search for Docket ID NRC-2021-0021. Address 
questions about Docket IDs in Regulations.gov 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 https://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.
     Public Library: A copy of the subsequent license renewal 
application for Point Beach can be accessed at the following public 
library (however, the library is currently closed due to the 
Coronavirus Disease 2019 public health emergency and, accordingly, 
access will be available once the library has reopened): Lester Public 
Library, 1001 Adams St., Two Rivers, Wisconsin 54241. In addition, the 
application can be accessed on the website of the Lester Public Library 
at http://www.lesterlibrary.org.
     NRC's PDR: The PDR, where you may examine and order copies 
of public documents, is currently closed. You may submit your request 
to the PDR via email at [email protected] or call 1-800-397-4209 or 
301-415-4737 between 8:00 a.m. and 4:00 p.m. (EST), Monday through 
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:  Bill Rogers, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC 
20555-0001; telephone: 301-415-2945, email: [email protected].


I. Introduction

    By letter dated November 16, 2020 (ADAMS Package Accession No. 
ML20329A292), NextEra filed an application pursuant to part 54 of title 
10 of the Code of Federal Regulations (10 CFR) for subsequent renewal 
of the renewed operating licenses for Point Beach, which authorize each 
unit to operate at 1,800 megawatts thermal. The Point Beach units are 
pressurized-water reactors designed by Westinghouse Electric Company 
and are located near Manitowoc, Wisconsin. A notice of receipt of the 
subsequent license renewal application (SLRA) was published in the 
Federal Register (FR) on December 29, 2020 (85 FR 85685).
    By letter dated January 15, 2021 (ADAMS Accession No. ML21006A417),

[[Page 6685]]

the NRC staff determined that NextEra 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 Nos. 50-266 and 50-301 for Renewed 
Facility Operating License Nos. DPR-24 and DPR-27, respectively, will 
be retained. The determination to accept the SLRA for docketing does 
not constitute a determination that subsequent renewed operating 
licenses 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 operating 
licenses, 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 and that any changes made to the plant's 
current licensing basis will comply with the Act and the Commission's 
    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 SLRA, the Commission must find that the applicable 
requirements of subpart A of 10 CFR part 51 have been satisfied, and 
that 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 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 

    Within 60 days after the date of publication of this notice, any 
person (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 https://www.nrc.gov/reading-rm/doc-collections/cfr/. 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(d), the 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 that 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 that 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 petition is submitted, 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

[[Page 6686]]

request for hearing and petition for leave to intervene (petition), 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 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 
https://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 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 
    Information about applying for a digital ID certificate is 
available on the NRC's public website at https://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 
    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.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 
    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 
    Documents submitted in adjudicatory proceedings will appear in the 
NRC's electronic hearing docket which is available to the public at 
https://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 docket 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.
    Information about subsequent license renewal can be found on the 
NRC's website at https://www.nrc.gov/reactors/operating/licensing/renewal/subsequent-license-renewal.html. A copy of the application for 
subsequent renewal of the renewed operating licenses for Point Beach is 
available on the NRC's website at https://www.nrc.gov/docs/ML2032/ML20329A292.html, while the application is under review. The 
application may be accessed in ADAMS through the NRC Library on the 
NRC's website at https://www.nrc.gov/reading-rm/adams.html under ADAMS 
Package Accession No. ML20329A292. 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 at 1-800-397-4209, 301-
415-4737, or by email to [email protected].

    Dated: January 15, 2021.

    For the Nuclear Regulatory Commission.
Lauren K. Gibson,
Chief, License Renewal Projects Branch, Division of New and Renewed 
Licenses, Office of Nuclear Reactor Regulation.
[FR Doc. 2021-01410 Filed 1-21-21; 8:45 am]