[Federal Register Volume 63, Number 154 (Tuesday, August 11, 1998)]
[Notices]
[Pages 42885-42887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-21463]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-269, 50-270, and 50-287]
Duke Energy Corporation, Oconee Nuclear Station Units 1, 2, and
3; Notice of Acceptance for Docketing of the Application and Notice of
Opportunity for a Hearing Regarding Renewal of Licenses Nos. DPR-38,
DPR-47, and DPR-55 for an Additional 20-Year Period
The U.S. Nuclear Regulatory Commission (the Commission) is
considering the renewal of operating license Nos. DPR-38, DPR-47 and
DPR-55, which authorize the Duke Energy Corporation (Duke), the
applicant, to operate its Oconee Nuclear Station (ONS) Units 1, 2, and
3 at 2568 megawatts thermal. The renewed licenses would authorize the
applicant to operate ONS Units 1, 2, and, 3 for an additional 20 years
beyond the current 40-year period. The current operating licenses for
the ONS Units 1, 2, and 3 expire on February 6, 2013, October 6, 2013,
and July 19, 2014, respectively.
Duke submitted an application to renew the operating licenses for
its ONS units by letter dated July 6, 1998. A Notice of Receipt of
Application, ``Duke Energy Corporation, Oconee Nuclear Station Units 1,
2, and 3, Notice of Receipt of Application for Renewal of Facility
Operating Licenses Nos. DPR-38, DPR-47, and DPR-55, for an Additional
20 Year Period,'' was
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published in the Federal Register on July 14, 1998, (63 FR 37909).
The Commission's staff has determined that Duke 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 nos. 50-269, 50-270, and 50-287 for License Nos. DPR-38, DPR-47,
and DPR-55, respectively, will be retained. If the Commission
determines that new license or docket numbers are necessary, any such
changes will be published in a subsequent Federal Register notice. 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.
Prior to issuance of the requested license renewals, the NRC will
have made the findings required by the Atomic Energy Act of 1954, as
amended (the Act), and the NRC's rules and regulations. In accordance
with 10 CFR 54.29, the NRC will issue a renewed license based upon its
review and findings 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 to require aging management review
and (2) time-limited aging analyses that have been identified to
require 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 NRC will prepare an environmental impact statement which
is a supplement to the Commission's NUREG-1437, ``Generic Environmental
Impact Statement for License Renewal of Nuclear Power Plants'' (May
1996). Pursuant to 10 CFR 51.26, as part of the environmental scoping
process, the staff intends to hold a public scoping meeting. The
details of the public scoping 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 schedule for
conducting the review. The Commission will provide prior notice for
these meetings. As discussed further below, in the event that a hearing
is held, issues that may be litigated will be confined to those
pertinent to the foregoing.
By September 10, 1998, 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 license renewals in accordance with the
provisions of 10 CFR 2.714. Interested persons should consult a current
copy of 10 CFR 2.714 which is available at the Commission's Public
Document Room, the Gelman Building, 2120 L Street, NW, Washington, DC
20037 and at the Local Public Document Room for the ONS Units 1, 2, and
3 located in the Oconee County Library, 501 West South Broad Street,
Walhalla, SC 29691. 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 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 a hearing or
an appropriate order. In the event that no request for hearing or
petition for leave to intervene is filed by the above date, the NRC
may, upon completion of its evaluations and upon making the findings
required under 10 CFR Part 54 and Part 51, 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
which may be considered pursuant to 10 CFR Parts 54 and 51. The
petition should 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 which may be entered in the proceeding on
the petitioner's interest. The petition should 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 amended petition must satisfy the specificity requirements described
above.
Not later than fifteen (15) days prior to the first prehearing
conference scheduled in the proceeding, a petitioner shall file a
supplement to the petition to intervene which must include a list of
the contentions which are sought to be litigated in the matter. 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 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 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 which, if proven, would entitle the
petitioner to relief. A petitioner who fails to file such a supplement
which 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 Public
Document Room, the Gelman Building, 2120 L Street, NW, Washington, DC,
20037 by the above date. A copy of the request for a hearing and the
petition should also be sent to the Office of the General Counsel, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001, and to Paul
R. Newton, Esquire, Duke Energy Corporation, 422 South Church Street,
Charlotte, North Carolina 28201-1006.
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
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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
under the nuclear reactors icon of the NRC's web page, http://
www.nrc.gov.
A copy of the application to renew the ONS Units 1, 2, and 3
licenses is available for public inspection at the Commission's Public
Document Room, the Gelman Building, 2120 L Street, NW, Washington, DC
20037, and the Local Public Document Room for the ONS Units 1, 2, and 3
located in the Oconee County Library, 501 West South Broad Street,
Walhalla, SC 29691.
Dated at Rockville, Maryland, this 5th day of August 1998.
For the Nuclear Regulatory Commission.
Christopher I. Grimes,
Director, License Renewal Project Directorate, Division of Reactor
Program Management, Office of Nuclear Reactor Regulation.
[FR Doc. 98-21463 Filed 8-10-98; 8:45 am]
BILLING CODE 7590-01-P