[Federal Register Volume 69, Number 40 (Monday, March 1, 2004)]
[Notices]
[Pages 9649-9650]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E4-433]


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NUCLEAR REGULATORY COMMISSION

[Docket No 50-255]


Nuclear Management 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 No. 
DPR-20, issued to Nuclear Management Company, LLC (the licensee), for 
operation of the Palisades Plant located in Covert Township, Van Buren 
County, Michigan.
    The proposed amendment would add a paragraph to Section 2C of the 
operating license authorizing the licensee to update the final safety 
analysis report (FSAR) to reflect a change in the licensing basis for 
the handling of heavy loads using the main hoist of the fuel pool 
building crane (L-3 crane). The revised licensing basis is based upon 
the upgrading or re-evaluation of the lifting capacity of the L-3 crane 
main hoist, bridge, trolley, and the supporting structure from 100 tons 
to 110 tons, and the incorporation and crediting of single-failure-
proof technology meeting the requirements of NUREG-0554, ``Single-
Failure-Proof Cranes for Nuclear Power Plants'' and NUREG-0612, 
``Control of Heavy Loads at Nuclear Power Plants.'' (NUREG-0612 
requires analyses of postulated load drop accidents from spent fuel 
pool area cranes unless the handling system is designed to be single 
failure proof). The modified L-3 crane is the single-failure-proof 
crane designed by Ederer Incorporated in accordance with the NRC-
approved report, EDR-1, ``Generic Licensing Topical Report.'' The 
upgrade, with its increased lifting capacity, will provide for use of a 
new, heavier dry fuel storage cask system which, due to dimensional 
changes, results in elimination of the impact limiting pad previously 
installed in the spent fuel pool to protect the pool structure from 
postulated transfer cask drop accidents during dry fuel storage 
operations. The 15-ton auxiliary hoist of the spent fuel pool crane is 
not upgraded to be single-failure-proof and continues to be bounded by 
existing cask drop accident analyses in Section 14.11 of the FSAR.
    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.
    Within 60 days after the date of publication of this notice, 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 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 PDR, located at One White Flint North, Public File Area 
01F21, 11555 Rockville Pike (first floor), Rockville, Maryland. 
Publicly available records will be accessible from the Agencywide 
Documents Access and Management System's (ADAMS) Public Electronic 
Reading Room on the Internet at the NRC Web site, http://www.nrc.gov/
reading-rm/doc-collections/cfr/. If a request for a hearing or petition 
for leave to intervene is filed by the above date, 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.

[[Page 9650]]

    As required by 10 CFR 2.309, a petition for leave to intervene 
shall set forth with particularity the interest of the petitioner/
requester in the proceeding, and how that interest may be affected by 
the results of the proceeding. The petition should specifically explain 
the reasons why intervention should be permitted with particular 
reference to the following general requirements: (1) The name, address 
and telephone number of the requester or petitioner; (2) the nature of 
the requester's/petitioner's right under the Act to be made a party to 
the proceeding; (3) the nature and extent of the requester's/
petitioner's property, financial, or other interest in the proceeding; 
and (4) the possible effect of any decision or order which may be 
entered in the proceeding on the requester's/petitioner's interest. The 
petition must also identify the specific contentions which the 
petitioner/requester 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 
petitioner/requester shall provide a brief explanation of the bases for 
the contention and a concise statement of the alleged facts or expert 
opinion which 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 
petition must include 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 
amendment under consideration. The contention must be one which, if 
proven, would entitle the petitioner/requester to relief. A petitioner/
requester who fails to file such a petition/request that satisfies 
these requirements with respect to at least one contention will not be 
permitted to participate as a party.
    If two or more requesters/petitioners seek to co-sponsor a 
contention, the requesters/petitioners shall jointly designate a 
representative who shall have the authority to act for the requesters/
petitioners with respect to that contention. If a requester/petitioner 
seeks to adopt the contention of another sponsoring requester/
petitioner, the requester/petitioner who seeks to adopt the contention 
must either agree that the sponsoring requester/petitioner shall act as 
the representative with respect to that contention or jointly designate 
with the sponsoring requester/petitioner a representative who shall 
have the authority to act for the requesters/petitioners with respect 
to that contention.
    Each contention should be given a separate numeric or alpha 
designation within one of the following groups: (1) Technical 
(primarily related to safety concerns); (2) environmental; or (3) 
miscellaneous.
    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 should 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 email 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 
licensee, Jonathan Rogoff, Vice President Counsel and Secretary, 
Nuclear Management Company, LLC, 700 First Street, Hudson, WI 54016.
    Nontimely requests and/or petitions and contentions will not be 
entertained absent a determination by the Commission or the presiding 
officer of the Atomic Safety and Licensing Board that the petition, 
request and/or the contentions should be granted based on a balancing 
of the factors specified in 10 CFR 2.309(a)(1)(i)-(viii).
    For further details with respect to this action, see the 
application for amendment dated January 29, 2004, which is available 
for public inspection at the Commission's PDR, located at One White 
Flint North, File Public Area O1 F21, 11555 Rockville Pike (first 
floor), Rockville, Maryland. Publicly available records will be 
accessible from the Agencywide Documents Access and Management System's 
(ADAMS) Public Electronic Reading Room on the Internet at the NRC Web 
site, 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 PDR Reference staff by 
telephone at 1-800-397-4209, 301-415-4737, or by e-mail to pdr@nrc.gov.

    Dated at Rockville, Maryland, this 24th day of February 2004.

    For the Nuclear Regulatory Commission.
Darl S. Hood,
Senior Project Manager, Section I, Project Directorate III, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
 [FR Doc. E4-433 Filed 2-27-04; 8:45 am]
BILLING CODE 7590-01-P