[Federal Register Volume 69, Number 71 (Tuesday, April 13, 2004)]
[Notices]
[Pages 19559-19561]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 04-8286]


=======================================================================
-----------------------------------------------------------------------

UNITED STATES NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-266 and 50-301]


Nuclear Management Company, LLC, Point Beach Nuclear 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-24 and DPR-27 for an Additional 20-Year 
Period

    The U.S. Nuclear Regulatory Commission (NRC or the Commission) is 
considering application for the renewal of Operating License Nos. DPR-
24 and DPR-27, which authorize the Nuclear Management Company, LLC, to 
operate the Point Beach Nuclear Plant, Units 1 and 2 at 1540 megawatts 
thermal for each unit. The renewed licenses would authorize the 
applicant to operate the Point Beach Nuclear Plant, Units 1 and 2, for 
an additional 20 years beyond the period specified in the current 
licenses. The current operating license for the Point Beach Nuclear 
Plant, Unit 1 expires on October 5, 2010, and the current operating 
license for the Point Beach Nuclear Plant, Unit 2 expires on March 8, 
2013.
    On February 26, 2004, the Commission's staff received an 
application from Nuclear Management Company, LLC filed pursuant to 10 
CFR Part 54, to renew the Operating License Nos. DPR-24 and DPR-27 for 
Point Beach Nuclear Plant, Units 1 and 2, respectively. A Notice of 
Receipt and Availability of the license renewal application, ``Nuclear 
Management Company, LLC; Notice of Receipt and Availability of 
Application for Renewal of Point Beach Nuclear Plant, Units 1 and 2, 
Facility Operating License Nos. DPR-24 and DPR-27 for Additional 20-
Year Period,'' was published in the Federal Register on March 8, 2004 
(69 FR 10765).
    The Commission's staff has determined that Nuclear Management 
Company, LLC 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. 50-266 and 50-301 for Operating 
License Nos. DPR-24 and DPR-27, 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 the subject of a separate 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 email at pdr@nrc.gov. If a request for a hearing or a 
petition for leave to intervene is filed within the 60-

[[Page 19560]]

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 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.
    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 Point Beach 
Nuclear 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).
    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 or propose substantially the same 
contention, the requestors/petitioners will be required to jointly 
designate a representative who shall have the authority to act for the 
requestors/petitioners with respect to that contention within ten (10) 
days after advised of such 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, including 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) Email 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 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. Attorney for the Applicant: David R. Lewis, Esq., 
Shaw Pittman, 2300 N Street, NW., Washington, DC 20037.
    Nontimely 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 page. Copies of the 
application to renew the operating licenses for the Point Beach Nuclear 
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, 20855-2738, and at http://
www.nrc.gov/reactors/operating/licensing/renewal/applications/point-
beach.html the NRC's Web page 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 ML040580020. 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 Point Beach 
Nuclear Plant at the Lester Public Library, at 1001 Adams Street, Two 
Rivers, Wisconsin 54241.

    Dated at Rockville, Maryland, this the 7th day of April 2004


[[Page 19561]]


For the Nuclear Regulatory Commission.
Pao-Tsin Kuo,
Program Director, License Renewal and Environmental Impacts, Division 
of Regulatory Improvement Programs, Office of Nuclear Reactor 
Regulation.
[FR Doc. 04-8286 Filed 4-12-04; 8:45 am]
BILLING CODE 7590-01-U