[Federal Register Volume 66, Number 224 (Tuesday, November 20, 2001)]
[Notices]
[Pages 58183-58184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-29101]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-237 and 50-249]
Exelon Generation Company, LLC; Notice of Consideration of
Issuance of Amendment to Facility Operating License and Opportunity for
a Hearing
The U.S. Nuclear Regulatory Commission (the Commission) is
considering issuance of an amendment to Facility Operating License Nos.
DPR-19 and DPR-25, issued to Exelon Generation Company, LLC (Exelon,
the licensee), for operation of the Dresden Nuclear Power Station,
Units 2 and 3, located in Grundy County, Illinois.
The proposed amendment would allow an increase in the licensed
power level from 2527 megawatts thermal (MWt) to 2957 MWt. This change
represents an increase of approximately 17 percent above the current
licensed thermal power at Dresden Nuclear Power Station, Units 2 and 3,
and is considered an extended power uprate. The proposed amendment
would also change the operating licenses and the technical
specifications appended to the operating licenses to provide for
implementing uprated power operation.
The original amendment request, dated December 27, 2000, was
submitted by Commonwealth Edison Company (ComEd). ComEd was
subsequently merged into Exelon Generation Company, LLC. By letter
dated February 7, 2001, Exelon informed the NRC that it assumed
responsibility for all pending NRC actions that were requested by
ComEd. The original application was supplemented by letters dated
February 12, April 6 and 13, May 3, 18, and 29, June 5, 7, and 15, July
6 and 23, August 7, 8, 9, 13 (two letters), 14 (two letters), 29, and
31 (two letters), September 5 (two letters), 14, 19, 25, 26, and 27
(two letters), and November 2, 2001 (two letters).
Before issuance of the proposed license amendment, the Commission
will have made findings required by the Atomic Energy Act of 1954, as
amended (the Act), and the Commission's regulations.
By December 20, 2001, the licensee may file a request for a hearing
with respect to issuance of the amendment to the subject facility
operating license, 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. Requests for a hearing and petitions for leave to
intervene shall be filed in accordance with the
[[Page 58184]]
Commission's ``Rules of Practice for Domestic Licensing Proceedings''
in 10 CFR part 2. Interested persons should consult a current copy of
10 CFR 2.714, which is available at the Commission's Public Document
Room, located at One White Flint North, 11555 Rockville Pike (first
floor), Rockville, Maryland or electronically on the Internet at the
NRC Web site http://www.nrc.gov/NRC/CFR/index.html. If there are
problems in accessing the document, contact the Public Document Room
Reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to
[email protected]. If a request for a hearing or petition for leave to
intervene is filed by the above date, the Commission or an Atomic
Safety and Licensing Board, designated by the Commission or by the
Chairman of the Atomic Safety and Licensing Board Panel, will rule on
the request and/or petition; and the Secretary or the designated Atomic
Safety and Licensing Board will issue a notice of hearing or an
appropriate order.
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. 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 prior to the first prehearing conference scheduled in the
proceeding, but such an amendment petition must satisfy the specificity
requirements described above.
Not later than 15 days prior to 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, the petitioner shall
provide a brief explanation of the bases of each contention and a
concise statement of the alleged facts or expert opinion that 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 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 copies of the amendment under
consideration. The contention must be on 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.
A request for a hearing and petition 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 may be delivered to the Commission's Public
Document Room, located at One White Flint North, 11555 Rockville Pike
(first floor), Rockville, Maryland, by the above date. A copy of the
request for a hearing and the petition should be sent to the Office of
the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001, and to Mr. Edward J. Cullen, Jr., Vice President and
General Counsel, Exelon Generation Company, LLC, 300 Exelon Way,
Kennett Square, PA 19348, attorney for the licensee.
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 Atomic Safety and Licensing Board 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).
If a request for a hearing is received, the Commission's staff may
issue the amendment after it completes its technical review and prior
to the completion of any required hearing if it publishes a further
notice for public comment of its proposed finding of no significant
hazards consideration in accordance with 10 CFR 50.91 and 50.92.
For further details with respect to this action, see the
application for amendment dated December 27, 2000, as supplemented by
letters dated February 12, April 6 and 13, May 3, 18, and 29, June 5,
7, and 15, July 6 and 23, August 7, 8, 9, 13 (two letters), 14 (two
letters), 29, and 31 (two letters), September 5 (two letters), 14, 19,
25, 26, and 27 (two letters), and November 2, 2001 (two letters), which
are available for public inspection at the Commission's Public Document
Room, located at One White Flint North, 115555 Rockville Pike (first
floor). Rockville, Maryland. Publicly available records will be
accessible electronically from the Agencywide Documents Access and
Management Systems (ADAMS) Public Electronic Reading Room on the
Internet at the NRC Web site, http://www.nrc.gov/NRC/ADAMS/index.html.
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 Reference staff by telephone at 1-800-397-4209, 301-415-
4737 or by e-mail to [email protected].
Dated at Rockville, Maryland, this 9th day of November 2001.
For the Nuclear Regulatory Commission.
Lawrence W. Rossbach,
Project Manager, Section 2, Project Directorate III, Division of
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 01-29101 Filed 11-19-01; 8:45 am]
BILLING CODE 7590-01-M