[Federal Register Volume 67, Number 189 (Monday, September 30, 2002)]
[Notices]
[Pages 61354-61355]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24712]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-244]
Rochester Gas and Electric Corporation, R.E. Ginna Nuclear Power
Plant; Notice of Acceptance for Docketing of the Application and Notice
of Opportunity for a Hearing Regarding Renewal of Facility Operating
License No. DPR 18 for an Additional 20-year Period
The U.S. Nuclear Regulatory Commission (the Commission) is
considering an application for the renewal of Operating License No.
DPR-18, which authorizes Rochester Gas and Electric Corporation to
operate R.E. Ginna Nuclear Power Plant, at 1520 megawatts thermal. The
renewed licenses would authorize the applicant to operate the R.E.
Ginna Nuclear Power Plant for an additional 20 years beyond the period
specified in the current licenses. The current operating license for
R.E. Ginna Nuclear Power Plant expires on September 18, 2009.
On August 1, 2002, the Commission received an application from
Rochester Gas and Electric Corporation to renew the operating license
for the R.E. Ginna Nuclear Power Plant. A Notice of Receipt of
Application, ``R.E. Ginna Nuclear Power Plant Notice of Receipt of
Application for Renewal of Facility Operating License No. DPR-18 for an
Additional 20-year Period,'' was published in the Federal Register on
August 26, 2002, (67 FR 54825).
The Commission's staff (the staff) has determined that Rochester
Gas and Electric Corporation has submitted information in accordance
with 10 CFR 54.19, 54.21, 54.22, 54.23, and 51.53(c) that is complete
and acceptable for docketing. The current Docket No. 50-244, for
Operating License No. DPR-18, 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 Commission
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 Commission 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 Commission
will prepare an environmental impact statement that is a supplement to
NUREG-1437, ``Generic Environmental Impact Statement for License
Renewal of Nuclear Power Plants'' (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. The
Commission also intends to hold public meetings to discuss the license
renewal process and the schedule for conducting the review. The
Commission will provide prior notice of these meetings. 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.
The most recent version of Title 10 of the Code of Federal
Regulations, published January 1, 2002, inadvertently omitted the last
sentence of 10 CFR 2.714(d) and subparagraphs (d)(1) and (2), regarding
petitions to intervene and contentions. Those provisions are extant and
still applicable to petitions to intervene. Those provisions are as
follows:
In all other circumstances, such ruling body or officer shall, in
ruling on--
(1) A petition for leave to intervene or a request for hearing,
consider the following factors, among other things: (i) The nature of
the petitioner's right under the Act to be made a party to the
proceeding. (ii) The nature and extent of the petitioner's property,
financial, or other interest in the proceeding. (iii) The possible
effect of any order that may be entered in the proceeding on the
petitioner's interest.
(2) The admissibility of a contention, refuse to admit a contention
if: (i) The contention and supporting material fail to satisfy the
requirements of paragraph (b)(2) of this section; or (ii) The
contention, if proven, would be of no consequence in the proceeding
because it would not entitle petitioner to relief.
Interested persons should consult a current copy of 10 CFR 2.714,
which is available at the Commission's Public Document Room (PDR),
11555 Rockville Pike (first floor) Rockville, Maryland, and on the
Commission's Web site at http://www.nrc.gov (the Public Electronic
Reading Room). 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 designated by the Commission or by the
Chairman of the
[[Page 61355]]
Atomic Safety and Licensing Board Panel will rule on the request(s)
and/or petition(s), and the Secretary or the designated Atomic Safety
and Licensing Board 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 Commission 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, 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 may be delivered to the Commission's PDR,
located at One White Flint North, 11555 Rockville Pike (first floor),
Rockville, Maryland, 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
[email protected]. A copy of the request for leave to intervene and
request for hearing should also be sent to the Office of the General
Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001,
and because of continuing disruptions in delivery of mail to 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 [email protected]. A copy of the request for hearing and
petition for leave to intervene should also be sent to Dr. Robert C.
Mecredy, Vice President, Nuclear Operations, Rochester Gas and Electric
Corporation, 89 East Avenue, Rochester, New York 14649.
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).
Detailed information about the license renewal process can be found
on the Commission's Web page at http://www.nrc.gov. A copy of the
application is available for public inspection at the Commission's
Public Document Room, located at One White Flint North, 11555 Rockville
Pike (first floor), Rockville, Maryland, or on the NRC Web site at
http://www.nrc.gov/reactors/operating/licensing/renewal/applications/ginna.html, while the application is under review. The staff has
verified that a copy of the license renewal application for the R.E.
Ginna Nuclear Power Station is also available to local residents at the
Rochester Public Library in Rochester, New York, and at the Ontario
Public Library in Ontario, New York.
Dated at Rockville, Maryland, this 13th day of September, 2002.
For the Nucelar 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. 02-24712 Filed 9-27-02; 8:45 am]
BILLING CODE 7590-01-P