[Federal Register: December 6, 2004 (Volume 69, Number 233)]
[Notices]
[Page 70471-70473]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06de04-62]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-325 and 50-324]
Carolina Power & Light Company, Brunswick Steam Electric Plant,
Units 1 and 2; Notice of Acceptance for Docketing of the Application
and Notice of Opportunity for Hearing Regarding Renewal of Facility
Operating License Nos. DPR-71 and DPR-62 for an Additional 20-Year
Period
The U.S. Nuclear Regulatory Commission (NRC or Commission) is
considering an application for the renewal of Operating License Nos.
DPR-71 and DPR-62, which authorizes the Carolina Power & Light Company,
now doing business as Progress Energy Carolinas, Inc. (PEC), to operate
Brunswick Steam Electric Plant, at 2,923 megawatts thermal for Unit 1,
and 2,923 megawatts thermal for Unit 2. The renewed licenses would
authorize the applicant to operate the Brunswick Steam Electric Plant,
Units 1 and 2, for an additional 20 years beyond the period specified
in the current licenses.
[[Page 70472]]
The current operating license for Brunswick Steam Electric Plant, Unit
1 expires on September 8, 2016, and the current operating license for
Brunswick Steam Electric Plant, Unit 2 expires on December 27, 2014.
The Commission's staff has received an application dated October
18, 2004, from Carolina Power & Light Company, filed pursuant to 10 CFR
Part 54, to renew the Operating License Nos. DPR-71 and DPR-62 for
Brunswick Steam Electric Plant, Units 1 and 2, respectively. A Notice
of Receipt and Availability of the license renewal application,
``Carolina Power & Light Company; Notice of Receipt of Application for
Renewal of Brunswick Steam Electric Plant, Units 1 and 2; Facility
Operating License Nos. DPR-71 and DPR-62 for an Additional 20-year
Period'' was published in the Federal Register on November 18, 2004 (69
FR 67611).
The Commission's staff has determined that Carolina Power & Light
Company has submitted sufficient information in accordance with 10 CFR
54.19, 54.21, 54.22, 54.23, and 51.53(c) that is acceptable for
docketing. The current Docket Nos. 50-325 and 50-324 for Operating
License Nos. DPR-71 and DPR-62, respectively, will be retained. The
docketing of the renewal application does not preclude requesting
additional information as the review proceeds, nor does it predict
whether the Commission will grant or deny the application.
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 Commission'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 licenses 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.
Within 60 days after the date of publication of this Federal
Register Notice, the requestor/petitioner 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. Requests for a
hearing and a petition for leave to intervene shall be filed in
accordance with the Commission's ``Rules of Practice for Domestic
Licensing Proceedings'' in 10 CFR Part 2. Interested persons should
consult a current copy of 10 CFR 2.309, which is available at the
Commission's Public Document Room (PDR), located at One White Flint
North, 11555 Rockville Pike (first floor), Rockville, Maryland 20852
and is accessible from the Agencywide Documents Access and Management
System's (ADAMS) Public Electronic Reading Room on the Internet at
http://www.nrc.gov/reading-rm/adams.html. Persons who do not have
access to ADAMS or who encounter problems in accessing the documents
located in ADAMS should contact the NRC's PDR reference staff at 1-800-
397-4209, or by e-mail at pdr@nrc.gov. If a request for a hearing or a
petition for leave to intervene is filed within the 60-day period, the
Commission or a presiding officer designated by the Commission or by
the Chief Administrative Judge of the Atomic Safety and Licensing Board
Panel will rule on the request and/or petition; and the Secretary or
the Chief Administrative Judge of the Atomic Safety and Licensing Board
will issue a notice of a hearing or an appropriate order. In the event
that no request for a hearing or petition for leave to intervene is
filed within the 60-day period, 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 2.309, 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 requestor's/petitioner's right under the Act to be made a
party to the proceeding; (2) the nature and extent of the requestor's/
petitioner's property, financial, or other interest in the proceeding;
and (3) the possible effect of any decision or order which may be
entered in the proceeding on the requestor's/petitioner's interest. The
petition must also set forth the specific contentions which the
petitioner/requestor seeks to have litigated at 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
requestor/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 on which the requestor/
petitioner intends to rely in proving the contention at the hearing.
The requestor/petitioner must also provide references to those specific
sources and documents of which the requestor/petitioner is aware and on
which the requestor/petitioner intends to rely to establish those facts
or expert opinion. The requestor/petitioner must provide sufficient
information to show that a genuine dispute exists with the applicant on
a material issue of law or fact.\1\ 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 requestor/
petitioner to relief. A requestor/petitioner who fails to satisfy these
requirements with respect to at least one contention will not be
permitted to participate as a party.
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\1\ To the extent that the application contains attachments and
supporting documents that are not publicly available because they
are asserted to contain safeguards or proprietary information,
petitioners desiring access to this information should contact the
applicant or applicant's counsel to discuss the need for a
protective order.
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Each contention shall be given a separate numeric or alpha
designation within one of the following groups and all like subject-
matters shall be grouped together:
1. Technical--primarily concerns issues relating to technical
and/or health and safety matters discussed or referenced in the
Brunswick Steam Electric Plant, Units 1 and 2, safety analysis for
the application (including issues related to emergency planning and
physical security to the extent that such matters are discussed or
referenced in the application).
[[Page 70473]]
2. Environmental--primarily concerns issues relating to matters
discussed or referenced in the Environmental Report for the license
renewal application
3. Miscellaneous--does not fall into one of the categories
outlined above.
As specified in 10 CFR 2.309, if two or more requestors/petitioners
seek to co-sponsor a contention, the requestors/petitioners shall
jointly designate a representative who shall have the authority to act
for the requestors/petitioners with respect to that contention. If a
requestor/petitioner seeks to adopt the contention of another
sponsoring requestor/petitioner, the requestor/petitioner who seeks to
adopt the contention must either agree that the sponsoring requestor/
petitioner shall act as the representative with respect to that
contention, or jointly designate with the sponsoring requestor/
petitioner a representative who shall have the authority to act for the
requestors/petitioners with respect to that contention.
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. A request for a hearing or a petition for leave to intervene
must be filed 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; (2) courier, express mail, and expedited delivery services:
Office of the Secretary, Sixteenth Floor, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and
Adjudications Staff; (3) E-mail addressed to the Office of the
Secretary, U.S. Nuclear Regulatory Commission, HEARINGDOCKET@NRC.GOV;
or (4) facsimile transmission addressed to the Office of the Secretary,
U.S. Nuclear Regulatory Commission, Washington, DC, Attention:
Rulemakings and Adjudications Staff at 301-415-1101, verification
number is 301-415-1966. A copy of the request for hearing and petition
for leave to intervene must also be sent to the Office of the General
Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001,
and 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 the attorney for the
applicant. Attorney for the Applicant: Mr. Steven R. Carr, Associate
General Counsel--Legal Department, Progress Energy Service Company,
LCC, Post Office Box 1551, Raleigh, North Carolina, 27602-1551.
Non-timely requests and/or petitions and contentions will not be
entertained absent a determination by the Commission, the presiding
officer, or the Atomic Safety and Licensing Board that the petition,
request and/or contentions should be granted based on a balancing of
the factors specified in 10 CFR 2.309(a)(1)(i)-(viii).
Detailed information about the license renewal process can be found
under the Nuclear Reactors icon at http://www.nrc.gov/reactors/operating/licensing/renewal.html
on the NRC's Web site. Copies of the
application to renew the operating licenses for Brunswick Steam
Electric Plant, Units 1 and 2, are 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
webpage at http://www.nrc.gov/reactors/operating/licensing/renewal/applications.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. These
documents may be accessed through the NRC's Public Electronic Reading
Room on the Internet at http://www.nrc.gov/reading-rm/adams.html under
ADAMS accession number ML043060444. (Note: Public access to ADAMS has
been temporarily suspended so that security reviews of publicly
available documents may be performed and potentially sensitive
information removed. Please check the NRC's Web site for updates on the
resumption of ADAMS access.) Persons who do not have access to ADAMS or
who encounter problems in accessing the documents located in ADAMS may
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 is also available to local residents near the Brunswick
Steam Electric Plant, Units 1 and 2, at the North Carolina University
at Wilmington, William Randall Library, 601 South College Road,
Wilmington, North Carolina.
Dated at Rockville, Maryland, this 30th day of November, 2004.
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. 04-26693 Filed 12-3-04; 8:45 am]
BILLING CODE 7590-01-P