[Federal Register Volume 86, Number 142 (Wednesday, July 28, 2021)]
[Notices]
[Pages 40662-40665]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16011]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-269, 50-270, and 50-287; NRC-2021-0127]


Duke Energy Carolinas, LLC; Duke Energy; Oconee Nuclear Station, 
Units 1, 2, and 3

AGENCY: Nuclear Regulatory Commission.

ACTION: Subsequent 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

[[Page 40663]]

renewal of Renewed Facility Operating License Nos. DPR-38, DPR-47, and 
DPR-55, which authorize Duke Energy Carolinas, LLC (Duke Energy or the 
applicant) to operate Oconee Nuclear Station (ONS), Units 1, 2, and 3. 
The renewed licenses would authorize the applicant to operate ONS for 
an additional 20 years beyond the period specified in each of the 
current renewed licenses. The current renewed operating licenses for 
ONS expire as follows: Unit 1 on February 6, 2033, Unit 2 on October 6, 
2033, and Unit 3 on July 19, 2034.

DATES: A request for a hearing or petition for leave to intervene must 
be filed by September 27, 2021.

ADDRESSES: Please refer to Docket ID NRC-2021-0127 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-2021-0127. Address 
questions about Docket IDs in Regulations.gov to Stacy Schumann; 
telephone: 301-287-0624; 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.
     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. (ET), Monday through 
Friday, except Federal holidays.
     Public Library: A copy of the subsequent license renewal 
application for ONS can be accessed at the following public library: 
Seneca Library, 300 E South 2nd St., Seneca, SC 29678.

FOR FURTHER INFORMATION CONTACT: Angela Wu, Office of Nuclear Reactor 
Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001; telephone: 301-415-2995; email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    The NRC has received an application (ADAMS Package Accession No. 
ML21158A193) from Duke Energy, dated June 7, 2021, 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 (10 CFR), to 
renew the operating licenses for ONS at 2,568 megawatts thermal each. 
The ONS units are pressurized-water reactors designed by Babcock and 
Wilcox and are located in Seneca, South Carolina. A notice of receipt 
of the subsequent license renewal application (SLRA) was published in 
the Federal Register on June 25, 2021 (86 FR 33784).
    The NRC staff has determined that Duke Energy 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. 50-269, 50-270 and 50-287 for 
Renewed Facility Operating License Nos. DPR-38, DPR-47, and DPR-55, 
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 (ADAMS 
Accession No. ML13106A241). 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 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 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 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, 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

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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 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 following procedures.
    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, that 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 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. ET 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.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., ET, 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

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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 
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 previously described, 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 https://www.nrc.gov/reactors/operating/licensing/renewal.html on the NRC's website. Copies 
of the application to renew the operating licenses for ONS are 
available for public inspection at the NRC's PDR, and at https://www.nrc.gov/reactors/operating/licensing/renewal/subsequent-license-renewal.html, the NRC's website while the application is under review. 
The application may be accessed in ADAMS through the NRC Library on the 
internet at https://www.nrc.gov/reading-rm/adams.html under ADAMS 
Package Accession No. ML21158A193. As previously stated, 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].

    Dated: July 22, 2021.

    For the Nuclear Regulatory Commission.
Lauren K. Gibson,
Chief, License Renewal Project Branch, Division of New and Renewed 
Licenses, Office of Nuclear Reactor Regulation.
[FR Doc. 2021-16011 Filed 7-27-21; 8:45 am]
BILLING CODE 7590-01-P