[Federal Register Volume 88, Number 242 (Tuesday, December 19, 2023)]
[Notices]
[Pages 87817-87819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27856]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-275 and 50-323; NRC-2023-0192]


License Renewal Application; Pacific Gas and Electric Company; 
Diablo Canyon Nuclear Power Plant, Units 1 and 2

AGENCY: Nuclear Regulatory Commission.

ACTION: Acceptance for docketing; opportunity to request a hearing and 
to petition for leave to intervene.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) found acceptable 
for docketing and is considering an application for the renewal of 
Facility Operating License Nos. DPR-80 and DPR-82, which authorize 
Pacific Gas and Electric Company (PG&E, the applicant) to operate 
Diablo Canyon Nuclear Power Plant (DCPP), Units 1 and 2. The current 
operating licenses for DCPP expire as follows: Unit 1 on November 2, 
2024, and Unit 2 on August 26, 2025. If renewed, the renewed licenses 
would authorize the applicant to operate DCPP for an additional 20 
years beyond the period specified in each of the current licenses.

DATES: A request for a hearing or petition for leave to intervene must 
be filed by March 4, 2024.

ADDRESSES: Please refer to Docket ID NRC-2023-0192 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-2023-0192. 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.
     Public Library: A copy of the license renewal application 
for DCPP can be accessed at the following public library: San Luis 
Obispo Library, 995 Palm St, San Luis Obispo, CA 93403.
     NRC's PDR: The PDR, where you may examine and order copies 
of publicly available documents, is open by appointment. To make an 
appointment to visit the PDR, please send an email to 
[email protected] or call 1-800-397-4209 or 301-415-4737, between 8 
a.m. and 4 p.m. eastern time (ET), Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Brian Harris, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-2277; email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    The NRC received a license renewal application (LRA) from PG&E, 
dated November 7, 2023 (ADAMS Accession No. ML23311A154), filed 
pursuant to part 54 of title 10 of the Code of Federal Regulations (10 
CFR), ``Requirements for Renewal of Operating Licenses for Nuclear 
Power Plants,'' to renew the operating licenses for DCPP. DCPP consists 
of two pressurized-water reactors designed by Westinghouse and is 
located in Avila Beach, California. A notice of receipt of the LRA was 
published in the Federal Register on November 20, 2023 (88 FR 80780).
    The NRC staff has determined that PG&E 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 numbers, 50-275 and 50-323, for Facility 
Operating License Nos. DPR-80 and DPR-82, respectively, will be 
retained. The determination to accept the LRA for

[[Page 87818]]

docketing does not 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 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 
regulations.
    Additionally, in accordance with 10 CFR 51.95(c), the NRC staff 
will prepare an environmental impact statement as a supplement to the 
Commission's NUREG-1437, ``Generic Environmental Impact Statement for 
License Renewal of Nuclear Plants,'' dated June 2013 (ADAMS Accession 
No. ML13106A241). 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 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 75 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. The NRC's regulations require a 
minimum of 60 days within which to file a request for a hearing and 
petition for leave to intervene. Here, the NRC is extending that time 
period to 75 days in consideration of the holiday season. 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 10 CFR 2.309. If a petition is filed, the presiding officer 
will rule on the petition and, if appropriate, a notice of a hearing 
will be issued.
    Petitions must be filed no later than 75 days from the date of 
publication of this notice in accordance with the filing instructions 
in the ``Electronic Submissions (E-Filing)'' section of this document. 
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).
    A State, local governmental body, Federally recognized Indian 
Tribe, or designated agency thereof, may submit a petition to the 
Commission to participate as a party under 10 CFR 2.309(h) no later 
than 75 days from the date of publication of this notice. 
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).
    For information about filing a petition and about participation by 
a person not a party under 10 CFR 2.315, see ADAMS Accession No. 
ML20340A053 (https://adamswebsearch2.nrc.gov/webSearch2/main.jsp?AccessionNumber=ML20340A053) and on the NRC's public website 
at https://www.nrc.gov/about-nrc/regulatory/adjudicatory/hearing.html#participate.

III. Electronic Submissions (E-Filing)

    All documents filed in NRC adjudicatory proceedings including 
documents filed by an interested State, local governmental body, 
Federally recognized Indian Tribe, or designated agency thereof that 
requests to participate under 10 CFR 2.315(c), must be filed in 
accordance with 10 CFR 2.302. 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, 
unless an exemption permitting an alternative filing method, as further 
discussed, is granted. Detailed guidance on electronic submissions is 
located in the ``Guidance for Electronic Submissions to the NRC'' 
(ADAMS Accession No. ML13031A056) and on the NRC's public website at 
https://www.nrc.gov/site-help/e-submittals.html.
    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 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. After a digital ID certificate is 
obtained and a docket created, the participant must submit adjudicatory 
documents in Portable Document Format. Guidance on 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 confirming receipt of the document. The E-Filing 
system also distributes an email 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 to 
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, except Federal holidays.

[[Page 87819]]

    Participants who believe that they have 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 in accordance with 10 CFR 
2.302(b)-(d). Participants filing adjudicatory documents in this manner 
are responsible for serving their documents on all other participants. 
Participants granted an exemption under 10 CFR 2.302(g)(2) must still 
meet the electronic formatting requirement in 10 CFR 2.302(g)(1), 
unless the participant also seeks and is granted an exemption from 10 
CFR 2.302(g)(1).
    Documents submitted in adjudicatory proceedings will appear in the 
NRC's electronic hearing docket, which is publicly available at https://adams.nrc.gov/ehd, unless excluded pursuant to an order of 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. 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 
should not include copyrighted materials in their submission.
    Detailed information about the license renewal process can be found 
under the Nuclear Reactors icon on the NRC's public website at https://www.nrc.gov/reactors/operating/licensing/renewal.html. Copies of the 
application to renew the operating licenses for DCPP are available for 
public inspection at the NRC's PDR, and on the NRC's public website at 
https://www.nrc.gov/reactors/operating/licensing/renewal/applications.html. 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 Accession No. ML23311A154. 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: December 14, 2023.

    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. 2023-27856 Filed 12-18-23; 8:45 am]
BILLING CODE 7590-01-P