[Federal Register Volume 78, Number 142 (Wednesday, July 24, 2013)]
[Notices]
[Pages 44603-44606]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-17809]


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

NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-454, 50-455, 50-456, 50-457; NRC-2013-0126]


Byron Nuclear Station, Units 1 and 2, and Braidwood Nuclear 
Station, Units 1 and 2; Exelon Generation Company, LLC

AGENCY: Nuclear Regulatory Commission.

ACTION: License renewal application; notice of docketing and 
opportunity to request a hearing and to petition for leave to 
intervene.

-----------------------------------------------------------------------

SUMMARY: This is a notice of acceptance for docketing and notice of 
opportunity for hearing regarding the renewal of operating licenses for 
the Byron Nuclear Station (Byron), Units 1 and 2, and the Braidwood 
Nuclear Station (Braidwood), Units 1 and 2. The NRC is considering an 
application for the renewal of operating licenses NPF-37, NPF-66, NPF-
72, and NPF-77, which authorize Exelon Generation Company, LLC 
(Exelon), to operate Byron, Units 1 and 2, at 3586.6 megawatts thermal 
each, and Braidwood, Units 1 and 2, at 3586.6 megawatts thermal each. 
Byron, Units 1 and 2, are located near Byron, IL; Braidwood, Units 1 
and 2, are located near Braidwood, IL. The renewed licenses would 
authorize the applicant to operate both Byron and Braidwood for an 
additional 20 years beyond the period specified in each of the 
respective current licenses. The current operating licenses for Byron 
expire as follows: Unit 1 (NPF-37) on October 31, 2024, and Unit 2 
(NPF-66) on November 6, 2026. The current operating licenses for 
Braidwood expire as follows: Unit 1 (NPF-72) on October 17, 2026, and 
Unit 2 (NPF-77) on December 18, 2027.

ADDRESSES: Please refer to Docket ID NRC-2013-0126 when contacting the 
U.S. Nuclear Regulatory Commission (NRC) about the availability of 
information regarding this document.

[[Page 44604]]

You may access information related to this document, which the NRC 
possesses and is publicly available, using any of the following 
methods:
     Federal rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2013-0126. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: Carol.Gallagher@nrc.gov.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may access publicly available documents online in the NRC 
Library at http://www.nrc.gov/reading-rm/adams.html. To begin the 
search, select ``ADAMS Public Documents'' and then select ``Begin Web-
based ADAMS Search.'' For problems with ADAMS, please contact the NRC's 
Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-
4737, or by email to PDR.Resource@nrc.gov. The ADAMS accession number 
for each document referenced in this notice (if that document is 
available in ADAMS) is provided the first time that a document is 
referenced.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: John Daily, Senior Project Manager, 
Projects Branch 1, Division of License Renewal, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555; telephone: 301-415-3873; email: John.Daily@nrc.gov.

SUPPLEMENTARY INFORMATION:  Exelon submitted the application dated May 
29, 2013, pursuant to Part 54 of Title 10 of the Code of Federal 
Regulations (10 CFR Part 54), to renew operating licenses NPF-37, NPF-
66, NPF-72, and NPF-77. A notice of receipt and availability of the 
license renewal application (LRA) was published in the Federal Register 
on June 13, 2013 (78 FR 35646).
    The Commission's staff has determined that Exelon has submitted 
sufficient information in accordance with 10 CFR 54.19, 54.21, 54.22, 
54.23, 51.45, and 51.53(c), to enable the staff to undertake a review 
of the application, and that the application is therefore acceptable 
for docketing. The current Docket numbers, 50-454, 50-455, 50-456, and 
50-457, for operating license numbers NPF-37, NPF-66, NPF-72, and NPF-
77, respectively, will be retained. The determination to accept the LRA 
for docketing does not constitute a determination that a renewed 
license should be issued, and does not preclude the NRC staff from 
requesting additional information as the review proceeds.
    Before issuance of the requested renewed licenses, 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 may 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 will 
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 for each site as supplements 
to the Commission's NUREG-1437, ``Generic Environmental Impact 
Statement for License Renewal of Nuclear Power Plants,'' dated May 
1996. In considering the LRA, the Commission must find that the 
applicable requirements of Subpart A of 10 CFR part 51 have been 
satisfied, and that matters raised under 10 CFR 2.335 have been 
addressed. Pursuant to 10 CFR 51.26, and as part of the environmental 
scoping process, the staff intends to hold public scoping meetings. 
Detailed information regarding the environmental scoping meetings will 
be the subject of a separate Federal Register notice.
    Within 60 days after the date of publication of this Federal 
Register notice, 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 or petitions for leave to intervene must be filed in accordance 
with the Commission's ``Agency Rules of Practice and Procedure'' in 10 
CFR part 2. Interested persons should consult a current copy of 10 CFR 
2.309, which is available at the NRC's Public Document Room (PDR), 
located at One White Flint North, 11555 Rockville Pike (first floor), 
Rockville, Maryland 20852, and is accessible from the NRC Library on 
the Internet at http://www.nrc.gov/reading-rm/adams.html.http://
www.nrc.gov/readingrm/adams.html Persons who do not have access to the 
Internet or who encounter problems in accessing the documents located 
in ADAMS should contact the NRC's PDR reference staff by telephone at 
1-800-397-4209, or 301-415-4737, or by email at PDR.Resource@nrc.gov. 
If a request for a hearing/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 of the Commission (Secretary) or the 
Chief Administrative Judge of the Atomic Safety and Licensing Board 
Panel 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 license 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. Pursuant to 
10 CFR 2.309(d), the petition must provide the name, address, and 
telephone number of the petitioner; and specifically explain the 
reasons why intervention should be permitted with particular reference 
to the following factors for the Byron and/or Braidwood sites: (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.
    In accordance with 10 CFR 2.309(f), 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 basis for 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

[[Page 44605]]

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. 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.
    Petitions filed after the deadline, amended petitions, and 
supplemental petitions will not be entertained absent a determination 
by the Commission, the Atomic Safety and Licensing Board Panel or a 
Presiding Officer that the filing demonstrates good cause by satisfying 
the following three factors in 10 CFR 2.309(c)(1): (i) The information 
upon which the filing is based was not previously available; (ii) The 
information upon which the filing is based is materially different from 
information previously available; and (iii) The filing has been 
submitted in a timely fashion based on the availability of the 
subsequent information.
    A State, county, municipality, Federally-recognized Indian Tribe, 
or agencies thereof, may submit a petition to the Commission to 
participate as a party under 10 CFR 2.309(d)(2). The petition should 
state the nature and extent of the petitioner's interest in the 
proceeding. The petition should be submitted to the Commission by 
September 23, 2013. The petition must be filed in accordance with the 
filing instructions described above in this notice, and should meet the 
requirements for petitions for leave to intervene set forth in this 
section, except that State and Federally-recognized Indian tribes do 
not need to address the standing requirements in 10 CFR 2.309(d)(1) if 
the facility is located within its boundaries. The entities listed 
above could also seek to participate in a hearing as a nonparty 
pursuant to 10 CFR 2.315(c).
    Any person who does not wish, or is not qualified, to become a 
party to this proceeding may request permission to make a limited 
appearance pursuant to the provisions of 10 CFR 2.315(a). A person 
making a limited appearance may make an oral or written statement of 
position on the issues, but may not otherwise participate in the 
proceeding. A limited appearance may be made at any session of the 
hearing or at any prehearing conference, subject to such limits and 
conditions as may be imposed by the Atomic Safety and Licensing Board. 
Persons desiring to make a limited appearance are requested to inform 
the Secretary of the Commission by September 23, 2013.
    The Commission requests that each contention 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.
    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.
    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing, a petition for leave to intervene, any motion or 
other document filed in the proceeding prior to the submission of a 
request for hearing or petition to intervene, and documents filed by 
interested governmental entities participating under 10 CFR 2.315(c), 
must be filed in accordance with the NRC E-Filing rule (72 FR 49139, 
August 28, 2007). The E-Filing process requires participants to submit 
and serve all adjudicatory documents over the internet, or in some 
cases to mail copies on electronic storage media. Participants may not 
submit paper copies of their filings unless they seek an exemption in 
accordance with the procedures described below.
    To comply with the procedural requirements of E-Filing, at least 
ten 10 days prior to the filing deadline, the participant should 
contact the Office of the Secretary by email at hearing.docket@nrc.gov, 
or by telephone at 301-415-1677, to request (1) a digital 
identification (ID) certificate, which allows the participant (or its 
counsel or representative) to digitally sign documents and access the 
E-Submittal server for any proceeding in which it is participating; and 
(2) advise the Secretary that the participant will be submitting a 
request or petition for hearing (even in instances in which the 
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the 
Secretary will establish an electronic docket for the hearing in this 
proceeding if the Secretary has not already established an electronic 
docket.
    Information about applying for a digital ID certificate is 
available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/apply-certificates.html. System requirements for accessing 
the E-Submittal server are detailed in the NRC's ``Guidance for 
Electronic Submission,'' which is available on the agency's public Web 
site at http://www.nrc.gov/site-help/e-submittals.html. Participants 
may attempt to use other software not listed on the Web site, but 
should note that the NRC's E-Filing system does not support unlisted 
software, and the NRC Meta System Help Desk will not be able to offer 
assistance in using unlisted software.
    If a participant is electronically submitting a document to the NRC 
in accordance with the E-Filing rule, the participant must file the 
document using the NRC's online, Web-based submission form. In order to 
serve documents through the Electronic Information Exchange System, 
users will be required to install a Web browser plug-in from the NRC's 
Web site. Further information on the Web-based submission form, 
including the installation of the Web browser plug-in, is available on 
the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html.
    Once a participant has obtained a digital ID certificate and a 
docket has been created, the participant can then submit a request for 
hearing or petition for leave to intervene. Submissions should be in 
Portable Document Format (PDF) in accordance with NRC guidance 
available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the 
documents are submitted through the NRC's E-Filing system. To be 
timely, an electronic filing must be submitted to the E-Filing system 
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of 
a transmission, the E-Filing system time-stamps the document and sends 
the submitter an email notice confirming receipt of the document. The 
E-Filing system also distributes an email notice that provides access 
to the document to the NRC's Office of the General Counsel and any 
others who have advised the Office of the Secretary that they wish to 
participate in the proceeding, so that the filer need not serve the 
documents on those participants separately. Therefore, applicants and 
other participants (or their counsel or representative) must apply for 
and receive a digital ID certificate before a hearing request/petition 
to intervene is filed so that they can obtain access to the document 
via the E-Filing system.

[[Page 44606]]

    A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System 
Help Desk through the ``Contact Us'' link located on the NRC's public 
Web site at http://www.nrc.gov/site-help/e-submittals.html, by email to 
MSHD.Resource@nrc.gov, or by a toll-free call at 866-672-7640. The NRC 
Meta System Help Desk is available between 8 a.m. and 8 p.m., Eastern 
Time, Monday through Friday, excluding government holidays.
    Participants who believe that they have a good cause for not 
submitting documents electronically must file an exemption request, in 
accordance with 10 CFR 2.302(g), with their initial paper filing 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted 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; or (2) courier, express mail, or 
expedited delivery service to the Office of the Secretary, Sixteenth 
Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 
20852, Attention: Rulemaking and Adjudications Staff. Participants 
filing a document in this manner are responsible for serving the 
document on all other participants. Filing is considered complete by 
first-class mail as of the time of deposit in the mail, or by courier, 
express mail, or expedited delivery service upon depositing the 
document with the provider of the service. A presiding officer, having 
granted an exemption request from using E-Filing, may require a 
participant or party to use E-Filing if the presiding officer 
subsequently determines that the reason for granting the exemption from 
use of E-Filing no longer exists.
    Documents submitted in adjudicatory proceedings will appear in the 
NRC's electronic hearing docket which is available to the public at 
http://ehd1.nrc.gov/ehd/, unless excluded pursuant to an order of the 
Commission, or the presiding officer. Participants are requested not to 
include personal privacy information, such as social security numbers, 
home addresses, or home phone numbers in their filings, unless an NRC 
regulation or other law requires submission of such information. 
However, a request to intervene will require including information on 
local residence in order to demonstrate a proximity assertion of 
interest in the proceeding. With respect to copyrighted works, except 
for limited excerpts that serve the purpose of the adjudicatory filings 
and would constitute a Fair Use application, participants are requested 
not to include copyrighted materials in their submission.
    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 Byron and Braidwood are 
available for public inspection at the Commission's Public Document 
Room (PDR), located at One White Flint North, 11555 Rockville Pike 
(first floor), Rockville, Maryland 20852-2738, and at http://www.nrc.gov/reactors/operating/licensing/renewal/applications.html, the 
NRC's Web site while the application is under review. The application 
may be accessed in ADAMS through the NRC Library on the Internet at 
http://www.nrc.gov/reading-rm/adams.html under ADAMS Accession No. 
ML131550528. As stated above, persons who do not have access to ADAMS 
or who encounter problems in accessing the documents located in ADAMS 
may contact the NRC PDR reference staff by telephone at 1-800-397-4209 
or 301-415-4737, or by email to pdr.resources@nrc.gov.
    The NRC staff has verified that a copy of the license renewal 
application is also available to local residents near Byron at the 
Byron Public Library, 100 S. Washington Street, Byron, IL 61010, and 
near Braidwood at the Fossil Ridge (Braidwood) Public Library, 386 W. 
Kennedy Road, Braidwood, IL 60408.

    Dated at Rockville, Maryland, this 18th day of July, 2013.

    For the Nuclear Regulatory Commission.
David L. Pelton,
Acting Deputy Director, Division of License Renewal, Office of Nuclear 
Reactor Regulation.
[FR Doc. 2013-17809 Filed 7-23-13; 8:45 am]
BILLING CODE 7590-01-P