[Federal Register Volume 76, Number 164 (Wednesday, August 24, 2011)]
[Notices]
[Pages 52992-52994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-21631]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[NRC-2011-0166; Docket Numbers 50-352 and 50-353]
Notice of Acceptance for Docketing of the Application and Notice
of Opportunity for Hearing Regarding Renewal of Facility Operating
License Nos. NPF-39 and NPF-85 for an Additional 20-Year Period, Exelon
Generation Company, LLC, Limerick Generating Station
The U.S. Nuclear Regulatory Commission (NRC or the Commission) is
considering an application for the renewal of operating licenses NPF-39
and NPF-85, which authorizes Exelon Generation Company, LLC (EXELON),
to operate the Limerick Generating Station (LGS) Unit 1 at 3515
megawatts thermal and LGS Unit 2 at 3515 megawatts thermal,
respectively. The renewed licenses would authorize the applicant to
operate LGS, Units 1 and 2, for an additional 20 years beyond the
period specified in the current license. LGS Units 1 and 2 are located
in Limerick, PA; the current operating license for LGS Unit 1 expires
on October 26, 2024, and LGS Unit 2 expires on June 22, 2029.
EXELON submitted the application dated June 22, 2011, pursuant to
Title 10, Part 54, of the Code of Federal Regulations (10 CFR part 54),
to renew operating licenses NPF-39 and NPF-85. A notice of receipt and
availability of the license renewal application (LRA) was published in
the Federal Register on July 26, 2011 (76 FRN 44624).
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, 50-352 and 50-353, for
operating license numbers NPF-39 and NPF-85, 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
[[Page 52993]]
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 that is a supplement 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 a public scoping meeting. Detailed information
regarding the environmental scoping meeting 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
license. Requests for a hearing or petitions for leave to intervene
must be filed in accordance with the Commission's ``Rules of Practice
for Domestic Licensing Proceedings and Issuance of Orders'' 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 NRC's
Agencywide Documents Access and Management System (ADAMS) Public
Electronic Reading Room online in the NRC library 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 e-mail at [email protected]. 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 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. 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 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.
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 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.
---------------------------------------------------------------------------
\1\ To the extent that the application contains attachments and
supporting documents that are not publicly available because they
are asserted to contain safeguards or proprietary information,
petitioners desiring access to this information should contact the
applicant or applicant's counsel to discuss the need for a
protective order.
---------------------------------------------------------------------------
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 e-mail at
[email protected], or by telephone at 301-415-1677, to request (1)
a digital 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
[[Page 52994]]
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 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 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 EIE, users will be required to install a Web
browser plug-in from the NRC 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 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 e-mail notice confirming receipt of the document. The
E-Filing system also distributes an e-mail notice that provides access
to the document to the NRC 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.
A person filing electronically using the agency'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 Web site
at http://www.nrc.gov/site-help/e-submittals.html, by e-mail at
[email protected], 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
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. 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 license for LGS are available for
public inspection at the Commission's 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's
Public Electronic Reading Room on the Internet at http://www.nrc.gov/reading-rm/adams.html under ADAMS Accession Number ML111790800. 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's Public Document Room (PDR) reference staff by telephone at 1-800-
397-4209 or 301-415-4737, or by e-mail to [email protected].
The NRC staff has verified that a copy of the license renewal
application is also available to local residents near LGS, at the
Pottstown Regional Public Library, 500 East High Street, Pottstown, PA
19464-5656.
Dated at Rockville, Maryland, this 12th day of August 2011.
For the Nuclear Regulatory Commission.
Melanie A. Galloway,
Deputy Director, Division of License Renewal, Office of Nuclear Reactor
Regulation.
[FR Doc. 2011-21631 Filed 8-23-11; 8:45 am]
BILLING CODE 7590-01-P