[Federal Register Volume 86, Number 16 (Wednesday, January 27, 2021)]
[Pages 7313-7316]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01754]



[Docket Nos. 50-438 and 50-439; NRC-2020-0273]

In the Matter of Tennessee Valley Authority Bellefonte Nuclear 
Plant, Units 1 and 2

AGENCY: Nuclear Regulatory Commission.

ACTION: Order; issuance.


SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has approved the 
Tennessee Valley Authority (TVA) requests to extend the latest 
construction completion dates for Bellefonte Nuclear Plant (BLN), Units 
1 and 2, to October 1, 2021. TVA is the current construction permit 
(CP) holder for BLN, Units 1 and 2. The initial CPs for BLN were issued 
on December 24, 1974, authorizing TVA to construct BLN, Units 1 and 2, 
in Jackson County, AL.

DATES: The Order was issued on January 22, 2021.

ADDRESSES: Please refer to Docket NRC-2020-0273 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-2020-0273. 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.

[[Page 7314]]

     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 ``Bellefonte Nuclear Plant, Units 
1 and 2--Extension of Construction Permits Expiration Dates,'' is 
available in ADAMS under Accession No. ML20335A393.
     Attention: 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: Omid Tabatabai, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-6616, email: [email protected].

SUPPLEMENTARY INFORMATION: The text of the Order is attached.

    Dated: January 22, 2021.

    For the Nuclear Regulatory Commission.
Omid Tabatabai-Yazdi,
Senior Project Manager, New Reactor Licensing Branch, Division of New 
and Renewed Licenses, Office of Nuclear Reactor Regulation.

United States of America Nuclear Regulatory Commission

In the Matter of TENNESSEE VALLEY AUTHORITY (Bellefonte Nuclear Plant, 
Units 1 and 2)
Docket Nos. 50-438 and 50-439



    The Tennessee Valley Authority (TVA, or the applicant) is the 
current holder of Construction Permit (CP) Nos. CPPR-122 and CPPR-123, 
which the Atomic Energy Commission (now the U.S. Nuclear Regulatory 
Commission (NRC)) issued on December 24, 1974 (Agencywide Documents 
Access and Management System (ADAMS) Accession No. ML090680334), for 
construction of the Bellefonte Nuclear Plant (BLN), Units 1 and 2, 
respectively. The CPs for CPPR-122 and CPPR-123 expire on October 1, 
2020, and October 1, 2014, respectively.
    These facilities, currently in deferred plant status as described 
in the Commission Policy Statement on Deferred Plants, published in 
Volume 52 of the Federal Register (FR), page 38077 (52 FR 38077), on 
October 14, 1987, are at the applicant's site in Jackson County, AL, 
located on a peninsula at Tennessee River Mile 392 on the west shore of 
Guntersville Reservoir, about 6 miles east-northeast of Scottsboro, AL.
    TVA filed a request on June 10, 2014 (ADAMS Accession No. 
ML14168A489), as supplemented on March 31, 2017 (ADAMS Accession No. 
ML17090A388), under Title 10 of the Code of Federal Regulations (10 
CFR) 50.55(b) for the extension of the latest date for the completion 
of construction as stated in CPPR-123 for BLN Unit 2. TVA also filed a 
request on August 28, 2020 (ADAMS Accession No. ML20244A305), under 10 
CFR 50.55(b) for the extension of the latest date for the completion of 
construction as stated in CPPR-122 for BLN Unit 1.
    In its letter dated June 14, 2014, TVA requested the NRC to extend 
the latest construction completion date for BLN Unit 2 from October 1, 
2014, to October 1, 2017. Later, in a letter dated March 31, 2017, TVA 
stated that it had sold the Bellefonte property at auction and proposed 
that the NRC leave the extension request for BLN Unit 2 as an open item 
until the NRC is able to obtain construction completion information 
based on the purchaser's plans.
    In its letter dated August 28, 2020, TVA requested the NRC to 
extend the latest construction completion date for BLN Unit 1 from 
October 1, 2020 to October 1, 2021. TVA stated that the sale of BLN 
Units 1 and 2 did not close in November 2018, and that the purchaser, 
Nuclear Development, LLC, filed a lawsuit against TVA for breach of 
contract. TVA stated that an extension for BLN Unit 1 is needed to 
allow the parties additional time to obtain a decision in the lawsuit.


    The NRC reviewed TVA's requests in the letters dated June 10, 2014; 
March 31, 2017; and August 28, 2020. As discussed more fully in the 
staff's related safety evaluation, the NRC staff finds that good cause 
exists for extending the completion date to October 1, 2021, for BLN 
Units 1 and 2. The staff also finds that the requested extensions 
involve no significant hazards consideration.
    The NRC staff prepared an environmental assessment and finding of 
no significant impact and published it in the Federal Register on 
January 19, 2021 (86 FR 5280). Under 10 CFR 51.32, ``Finding of no 
significant impact,'' the Commission has determined that extending the 
construction completion date will not have a significant effect on the 
quality of the human environment.


    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. The scope of this order 
extending the construction completion dates and any proceeding 
hereunder is limited to direct challenges to the CP holder's asserted 
reasons that show good cause for the extension. 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/. 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 a 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 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

[[Page 7315]]

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.
    If a hearing is requested, and the Commission has not made a final 
determination on the issue of no significant hazards consideration, the 
Commission will make a final determination on the issue of no 
significant hazards consideration. The final determination will serve 
to establish when the hearing is held. If the final determination is 
that the amendment request involves no significant hazards 
consideration, the Commission may issue the amendment and make it 
immediately effective, notwithstanding the request for a hearing. Any 
hearing would take place after issuance of the amendment. If the final 
determination is that the amendment request involves a significant 
hazards consideration, then any hearing held would take place before 
the issuance of the amendment unless the Commission finds an imminent 
danger to the health or safety of the public, in which case it will 
issue an appropriate order or rule under 10 CFR part 2.
    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 Submissions (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, at 
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.


    All documents filed in NRC adjudicatory proceedings, including a 
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 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 (1) request 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 petition 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 

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    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 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 
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 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.
    The attorney for the permit holder is Sherry A. Quirk, Executive 
Vice President and General Counsel, Tennessee Valley Authority, 400 
West Summit Hill Drive, Knoxville, TN 37902.


    It is hereby ordered that the latest dates for the completion of 
construction for CP Nos. CPPR-122 and CPPR-123 are extended to October 
1, 2021.

    Dated at Rockville, Maryland, this 22 day of January 2021.

    For the Nuclear Regulatory Commission.


Robert M. Taylor,
Deputy Director, Office of Nuclear Reactor Regulation.

[FR Doc. 2021-01754 Filed 1-26-21; 8:45 am]