[Federal Register: November 5, 2003 (Volume 68, Number 214)]
[Notices]
[Page 62640-62641]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05no03-139]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-348 and 50-364]
Southern Nuclear Operating Company (SNC), Joseph M. Farley
Nuclear Plant, Units 1 and 2; Notice of Opportunity for Hearing
Regarding the Application for Renewal of Facility Operating License
Nos. NPF-2 and NPF-8 for an Additional 20-Year Period
The U.S. Nuclear Regulatory Commission (NRC or the Commission) is
considering an application for the renewal of Operating License Nos.
NPF-2 and NPF-8, which authorize the Southern Nuclear Operating Company
(SNC) to operate Joseph M. Farley Nuclear Plant, Units 1 and 2, at 2775
megawatts thermal for each unit. The renewed licenses would authorize
the applicant to operate Farley Nuclear Plant, Units 1 and 2, for an
additional 20 years beyond the period specified in the current
licenses. The current operating licenses for Joseph M. Farley Nuclear
Plant, Units 1 and 2, will expire on June 25, 2017, and March 31, 2021,
respectively.
On September 15, 2003, the Commission's staff received an
application from the SNC, filed pursuant to 10 CFR part 54, to renew
the Operating License Nos. NPF-2 and NPF-8 for Joseph M. Farley Nuclear
Plant, Units 1 and 2, respectively. A Notice of Receipt and
Availability of the license renewal application, ``Southern Nuclear
Operating Company, Joseph M. Farley Nuclear Plant; Notice of Receipt
and Availability of Application for Renewal of Facility Operating
License Nos. NPF-2 and NPF-8 for an Additional 20-Year Period,'' was
published in the Federal Register on October 6, 2003 (68 FR 57715).
The Commission's staff determined that SNC had submitted
information in accordance with 10 CFR 54.19, 54.21, 54.22, 54.23, and
51.53(c) that is acceptable for docketing. ``Southern Nuclear Operating
Company (SNC), Joseph M. Farley Nuclear Plant, Units 1 and 2; Notice of
Acceptance for Docketing of the Application Regarding Renewal of
Facility Operating License Nos. NPF-2 and NPF-8 for an Additional 20-
Year Period,'' was published in the Federal Register on October 30,
2003 (68 FR 61835).
Before issuance of each requested renewed license, the NRC will
have made the findings required by the Atomic Energy Act of 1954, as
amended (the Act), and the NRC's rules and regulations. In accordance
with 10 CFR 54.29, the NRC will 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 (CLB), and
that any changes made to the plant's CLB 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 that is a supplement to the
Commission's NUREG-1437, ``Generic Environmental Impact Statement for
License Renewal of Nuclear Power Plants,'' dated May 1996. Pursuant to
10 CFR 51.26, and as part of the environmental scoping process, the
staff intends to hold a public scoping meeting. Detailed information
regarding this meeting will be included in a future Federal Register
notice. As discussed further herein, in the event that a hearing is
held, issues that may be litigated will be confined to those pertinent
to the foregoing.
Within 30 days from the date of publication of this Federal
Register notice, the applicant may file a request for a hearing, and
any person whose interest may be affected by this proceeding and who
wishes to participate as a party in the proceeding must file a written
request for a hearing and a petition for leave to intervene with
respect to the renewal of the licenses in accordance with the
provisions of 10 CFR 2.714. Interested persons should consult a current
copy of 10 CFR 2.714, which is available at the Commission's Public
Document Room (PDR), located at One White Flint North, 11555 Rockville
Pike (first floor), Rockville, Maryland, and on the NRC Web site at
http://www.nrc.gov/reading-rm.html. If a request for a hearing or a
petition for leave to intervene is filed by the above date, the
Commission or an Atomic Safety and Licensing Board (ASLB) designated by
the Commission or by the Chairman of the ASLB Panel will rule on the
request(s) and/or petition(s), and the Secretary or the designated ASLB
will issue a notice of hearing or an appropriate order. In the event
that no request for a hearing or petition for leave to intervene is
filed by the above date, the NRC may, upon completion of its
evaluations and upon making the findings required under 10 CFR parts 51
and 54, renew the licenses without further notice.
As required by 10 CFR 2.714, a petition for leave to intervene
shall set forth with particularity the interest of the petitioner in
the proceeding and how that interest may be affected by the results of
the proceeding, taking into consideration the limited scope of matters
that may be considered pursuant to 10 CFR parts 51 and 54. The petition
must specifically explain the reasons why intervention should be
permitted with particular reference to the following factors: (1) The
nature of the petitioner's right under the Act to be made a party to
the proceeding; (2) the nature and extent of the petitioner's property,
financial, or other interest in the proceeding; and (3) the possible
effect of any order that may be entered in the proceeding on the
petitioner's interest. The petition must also identify the specific
aspect(s) of the subject matter of the proceeding as to which
petitioner wishes to intervene. Any person who has filed a petition for
leave to intervene or who has been admitted as a party may amend the
petition without requesting leave of the board up to 15 days before the
first prehearing conference scheduled in the proceeding, but such an
amended petition must satisfy the specificity requirements described
above.
Not later than 15 days before the first prehearing conference
scheduled in the proceeding, a petitioner shall file a supplement to
the petition to intervene that must include a list of the contentions
that the petitioner seeks to have litigated in the hearing. Each
contention must consist of a specific statement of the issue of law or
fact to be raised or controverted. In addition,
[[Page 62641]]
the petitioner shall provide a brief explanation of the bases of each
contention and a concise statement of the alleged facts or the expert
opinion that supports the contention and on which the petitioner
intends to rely in proving the contention at the hearing. The
petitioner must also provide references to those specific sources and
documents of which the petitioner is aware and on which the petitioner
intends to rely to establish those facts or expert opinion. The
petitioner must provide sufficient information to show that a genuine
dispute exists with the applicant on a material issue of law or fact.
Contentions shall be limited to matters within the scope of the action
under consideration. The contention must be one that, if proven, would
entitle the petitioner to relief. A petitioner who fails to file such a
supplement that satisfies these requirements 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,
and have the opportunity to participate fully in the conduct of the
hearing, including the opportunity to present evidence and cross-
examine witnesses.
Requests for a hearing and petitions for leave to intervene must be
filed with the Secretary of the Commission, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, Attention: Rulemakings and
Adjudications Staff, or it may be delivered to the Commission's Public
Document Room (PDR), located at One White Flint North, 11555 Rockville
Pike (first floor), Rockville, Maryland 20852-2738, by the above date.
Because of the continuing disruptions in delivery of mail to United
States Government offices, it is requested that petitions for leave to
intervene and requests for hearing be transmitted to the Secretary of
the Commission either by means of facsimile transmission to 301-415-1101 or by e-mail to hearingdocket@nrc.gov. A copy of the request for
hearing and the petition for leave to intervene should also be sent to
the Office of the General Counsel, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001. Again, because of the continuing disruptions
in delivery of mail to the United States Government offices, it is
requested that copies be transmitted either by means of facsimile transmission to 301-415-3725 or by e-mail to OGCMailCenter@nrc.gov. A
copy of the request for hearing and petition for leave to intervene
should also be sent to Mr. J.B. Beasley, Jr., Vice President, Southern
Nuclear Operating Company, P.O. Box 1295, Birmingham, Alabama 35201.
Nontimely filings of petitions for leave to intervene, amended
petitions, supplemental petitions, and/or requests for a hearing will
not be entertained absent a determination by the Commission, the
presiding officer, or the ASLB that the petition and/or request should
be granted based upon a balancing of the factors specified in 10 CFR
2.714(a)(1)(i)-(v) and 2.714(d).
Detailed information about the license renewal process can be found
under the Nuclear Reactors icon on the NRC's Web page at http://www.nrc.gov/reactors/operating/licensing/renewal.html
.
A copy of the application to renew the operating licenses for
Joseph M. Farley Nuclear Plant, Units 1 and 2, is available for public
inspection at the Commission's PDR, located at One White Flint North,
11555 Rockville Pike (first floor), Rockville, Maryland 20852-2738, and
on the NRC's Web page at http://www.nrc.gov/reactors/operating/licensing/renewal/applications/farley.html
while the application is
under review. The NRC maintains an Agencywide Documents Access and
Management System (ADAMS), which provides text and image files of NRC's
public documents. A copy of the application to renew the operating
licenses for Joseph M. Farley Nuclear Plant, Units 1 and 2, is also
available electronically through the NRC's Electronic Reading Room on
the Internet at http://www.nrc.gov/reading-rm/adams.html under ADAMS
Accession Number ML032721356. Persons who do not have access to ADAMS,
or who encounter problems in accessing the documents located in ADAMS,
should contact the NRC Public Document Room (PDR) Reference staff at 1-800-397-4209, 301-415-4737 or by e-mail to pdr@nrc.gov.
The staff has verified that a copy of the license renewal
application for the Joseph M. Farley Nuclear Plant, Units 1 and 2, is
also available to local residents near the Farley Nuclear Plant at the
Houston Love Memorial Library, 212 West Burdeshaw Street, Dothan,
Alabama 36303-4421.
Dated at Rockville, Maryland, this 30th day of October, 2003.
For the Nuclear Regulatory Commission.
Pao-Tsin Kuo,
Program Director, License Renewal and Environmental Impacts Program,
Division of Regulatory Improvement Programs, Office of Nuclear Reactor
Regulation.
[FR Doc. 03-27803 Filed 11-4-03; 8:45 am]
BILLING CODE 7590-01-P