Nuclear Management Company, LLC, Monticello Nuclear Generating Plant; Notice of Acceptance for Docketing of the Application and Notice of Opportunity for Hearing Regarding Renewal of Facility Operating License No. DPR-22 for an Additional 20-Year Period, 25117-25119 [E5-2341]

Download as PDF Federal Register / Vol. 70, No. 91 / Thursday, May 12, 2005 / Notices the adverse safety impact, the basis for its determination that the requirement has an adverse safety impact, and either a proposal for achieving the same objectives specified in the Attachment 1 requirement(s) in question, or a schedule for modifying the facility to address the adverse safety condition. If neither approach is appropriate, Duke Energy must supplement its response to Condition B.1 of this Order to identify the condition as a requirement with which it cannot comply, with attendant justifications as required in Condition B.1. C.1. Duke Energy shall, within twenty (20) days of the date of this Order, submit to the Commission, a schedule for achieving compliance with each requirement described in Attachment 1. 2. Duke Energy shall report to the Commission when they have achieved full compliance with the requirements described in Attachment 1. D. Notwithstanding the provisions of 10 CFR 72.212(b)(5), all measures implemented or actions taken in response to this Order shall be maintained until the Commission determines otherwise. Duke Energy’s responses to Conditions B.1, B.2, C.1, and C.2, shall be submitted in accordance with 10 CFR 72.4. In addition, submittals that contain Safeguards Information shall be properly marked and handled in accordance with 10 CFR 73.21. The Director, Office of Nuclear Material Safety and Safeguards may, in writing, relax or rescind any of the above conditions upon demonstration by Duke Energy of good cause. In accordance with 10 CFR 2.202, Duke Energy must, and any other person adversely affected by this Order may, submit an answer to this Order, and may request a hearing on this Order, within twenty (20) days of the date of this Order. Where good cause is shown, consideration will be given to extending the time to request a hearing. A request for extension of time in which to submit an answer or request a hearing must be made in writing to the Director, Office of Nuclear Material Safety and Safeguards, and the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and include a statement of good cause for the extension. The answer may consent to this Order. Unless the answer consents to this Order, the answer shall, in writing and under oath or affirmation, specifically set forth the matters of fact and law on which the licensee or other person adversely affected relies and the reasons as to why the Order should not have been issued. Any answer or request for a hearing VerDate jul<14>2003 19:04 May 11, 2005 Jkt 205001 shall be submitted to the Secretary, Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, ATTN: Rulemakings and Adjudications Staff, Washington, DC 20555. Copies also shall be sent to the Director, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555; to the Director, Office of Enforcement at the same address; to the Assistant General Counsel for Materials Litigation and Enforcement at the same address; to the Regional Administrator for NRC Region II at 61 Forsyth Street, SW., Suite 23T85, Atlanta, GA 30303– 8931; and to the licensee if the answer or hearing request is by a person other than the licensee. Because of potential disruptions in delivery of mail to United States Government offices, it is requested that answers and requests for hearing be transmitted to the Secretary of the Commission, either by means of facsimile transmission to 301–415– 1101, or by e-mail to hearingdocket@nrc.gov and also to the Office of the General Counsel, either by means of facsimile transmission to 301– 415–3725, or by e-mail to OGCMailCenter@nrc.gov. If a person other than Duke Energy requests a hearing, that person shall set forth with particularity the manner in which his interest is adversely affected by this Order and shall address the criteria set forth in 10 CFR 2.714(d). If a hearing is requested by Duke Energy or a person whose interest is adversely affected, the Commission will issue an Order designating the time and place of any hearing. If a hearing is held, the issue to be considered at such a hearing shall be whether this Order should be sustained. Pursuant to 10 CFR 2.202(c)(2)(I), Duke Energy may, in addition to demanding a hearing, at the time the answer is filed or sooner, move the presiding officer to set aside the immediate effectiveness of the Order on the grounds that the Order, including the need for immediate effectiveness, is not based on adequate evidence but on mere suspicion, unfounded allegations, or error. In the absence of any request for hearing, or written approval of an extension of time in which to request a hearing, the provisions specified in Section III above shall be final twenty (20) days from the date of this Order without further order or proceedings. If an extension of time for requesting a hearing has been approved, the provisions specified in Section III shall be final when the extension expires if a hearing request has not been received. An answer or a request for hearing shall PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 25117 not stay the immediate effectiveness of this Order. Dated this 5th day of May, 2005. For the Nuclear Regulatory Commission. Margaret V. Federline, Acting Director, Office of Nuclear Material Safety and Safeguards. [FR Doc. E5–2348 Filed 5–11–05; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket No. 50–263] Nuclear Management Company, LLC, Monticello Nuclear Generating Plant; Notice of Acceptance for Docketing of the Application and Notice of Opportunity for Hearing Regarding Renewal of Facility Operating License No. DPR–22 for an Additional 20-Year Period The U.S. Nuclear Regulatory Commission (NRC or the Commission) is considering an application for the renewal of Operating License No. DPR– 22, which authorizes the Nuclear Management Company, LLC, to operate the Monticello Nuclear Generating Plant at 1775 megawatts thermal. The renewed license would authorize the applicant to operate the Monticello Nuclear Generating Plant for an additional 20 years beyond the period specified in the current license. The current operating license for the Monticello Nuclear Generating Plant expires on September 8, 2010. The Commission’s staff has received an application dated March 16, 2005, from Nuclear Management Company, LLC, pursuant to 10 CFR part 54, to renew Operating License No. DPR–22 for Monticello Nuclear Generating Plant. 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 Monticello Nuclear Generating Plant Facility, Operating License No. DPR–22, for an Additional 20-Year Period,’’ was published in the Federal Register on April 6, 2005 (70 FR 17482). 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 No. 50–263 for Operating License No. DPR–22 will be retained. The docketing of the renewal application does not preclude requesting additional information as the review proceeds, nor does it predict E:\FR\FM\12MYN1.SGM 12MYN1 25118 Federal Register / Vol. 70, No. 91 / Thursday, May 12, 2005 / Notices 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) timelimited 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 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 license. 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 https://www.nrc.gov/reading-rm/ adams.html. Persons who do not have access to ADAMS or who encounter VerDate jul<14>2003 19:04 May 11, 2005 Jkt 205001 problems in accessing the documents located in ADAMS should contact the NRC’s PDR reference staff at 1–800– 397–4209, or by e-mail at pdr@nrc.gov. If a request for a hearing or a 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 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 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 PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 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 Monticello Nuclear Generating Plant 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 shall jointly designate a representative who shall have the authority to act for the requestors/petitioners with respect to that contention. If a requestor/petitioner seeks to adopt the contention of another sponsoring requestor/petitioner, the requestor/petitioner who seeks to adopt the contention must either agree that the sponsoring requestor/petitioner shall act as the representative with respect to that contention, or jointly designate with the sponsoring requestor/petitioner a representative who shall have the authority to act for the requestors/ petitioners with respect to that 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. 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 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. E:\FR\FM\12MYN1.SGM 12MYN1 Federal Register / Vol. 70, No. 91 / Thursday, May 12, 2005 / Notices 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 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 applicant. Attorney for the Applicant: Jonathan Rogoff, Esq., Vice President, Counsel & Secretary, Nuclear Management Company, LLC, 700 First Street, Hudson, WI 54016. Non-timely 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 https://www.nrc.gov/reactors/operating/ licensing/renewal.html on the NRC’s Web site. Copies of the application to renew the operating license for Monticello Nuclear Generating Plant, 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 https://www.nrc.gov/reactors/operating/ licensing/renewal/applications.html on the NRC’s Web site 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 VerDate jul<14>2003 19:04 May 11, 2005 Jkt 205001 https://www.nrc.gov/reading-rm/ adams.html under ADAMS Accession Number ML050880237. 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 Monticello Nuclear Generating Plant, at the Monticello Public Library, 200 West 6th Street, Monticello, MN 55362. Dated at Rockville, Maryland, this 5th day of May, 2005. For the Nuclear Regulatory Commission. Pao-Tsin Kuo, Program Director, License Renewal and Environmental Impacts Program, Division of Regulatory Improvement Programs, Office of Nuclear Reactor Regulation. [FR Doc. E5–2341 Filed 5–11–05; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket No. 72–26; License No. SNM–2511; EA–05–089] In the Matter of Pacific Gas and Electric Diablo Canyon Nuclear Power Plant Independent Spent Fuel Storage Installation Order Modifying License (Effective Immediately) Nuclear Regulatory Commission. ACTION: Issuance of order for implementation of additional security measures associated with access authorization. AGENCY: FOR FURTHER INFORMATION CONTACT: Cynthia Barr, Project Manager, Licensing and Inspection Directorate, Spent Fuel Project Office, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Rockville, MD 20852. Telephone: (301) 415–4015; fax number: (301) 415–8555; e-mail CSB2@nrc.gov. SUPPLEMENTARY INFORMATION: I. Introduction Pursuant to 10 CFR 2.106, the Nuclear Regulatory Commission (NRC) is providing notice in the matter of Diablo Canyon Nuclear Power Plant Independent Spent Fuel Storage Installation Order Modifying License (Effective Immediately). II. Further Information I. Pacific Gas and Electric (PG&E) holds a license issued by the U.S. PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 25119 Nuclear Regulatory Commission (NRC or the Commission) authorizing the operation of an Independent Spent Fuel Storage Installation (ISFSI) in accordance with the Atomic Energy Act of 1954 and title 10 of the Code of Federal Regulations (10 CFR) part 50 and 10 CFR part 72. Commission regulations at 10 CFR 72.184 require PG&E to have a safeguards contingency plan to respond to threats of radiological sabotage and to protect the spent fuel against the threat of radiological sabotage. Inasmuch as an insider has an opportunity equal to or greater than any other person to commit radiological sabotage, the Commission has determined these measures to be prudent. This Order has been issued to all licensees who currently store spent fuel or have identified near-term plans to store spent fuel in an ISFSI. II. On September 11, 2001, terrorists simultaneously attacked targets in New York, NY, and Washington, DC, utilizing large commercial aircraft as weapons. In response to the attacks and intelligence information subsequently obtained, the Commission issued a number of Safeguards and Threat Advisories to its licensees in order to strengthen licensees’ capabilities and readiness to respond to a potential attack on a nuclear facility. On October 16, 2002, the Commission issued Orders to the licensees of operating ISFSIs to put the actions taken in response to the Advisories in the established regulatory framework and to implement additional security enhancements which emerged from the NRC’s ongoing comprehensive review. The Commission has also communicated with other Federal, State, and local government agencies and industry representatives to discuss and evaluate the current threat environment in order to assess the adequacy of security measures at licensed facilities. In addition, the Commission has been conducting a comprehensive review of its safeguards and security programs and requirements. As a result of its consideration of current safeguards and security requirements, as well as a review of information provided by the intelligence community, the Commission has determined that certain additional security measures are required to address the current threat environment in a consistent manner throughout the nuclear ISFSI community. Therefore, the Commission is imposing requirements, as set forth in Attachment E:\FR\FM\12MYN1.SGM 12MYN1

Agencies

[Federal Register Volume 70, Number 91 (Thursday, May 12, 2005)]
[Notices]
[Pages 25117-25119]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-2341]


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

NUCLEAR REGULATORY COMMISSION

[Docket No. 50-263]


Nuclear Management Company, LLC, Monticello Nuclear Generating 
Plant; Notice of Acceptance for Docketing of the Application and Notice 
of Opportunity for Hearing Regarding Renewal of Facility Operating 
License No. DPR-22 for an Additional 20-Year Period

    The U.S. Nuclear Regulatory Commission (NRC or the Commission) is 
considering an application for the renewal of Operating License No. 
DPR-22, which authorizes the Nuclear Management Company, LLC, to 
operate the Monticello Nuclear Generating Plant at 1775 megawatts 
thermal. The renewed license would authorize the applicant to operate 
the Monticello Nuclear Generating Plant for an additional 20 years 
beyond the period specified in the current license. The current 
operating license for the Monticello Nuclear Generating Plant expires 
on September 8, 2010.
    The Commission's staff has received an application dated March 16, 
2005, from Nuclear Management Company, LLC, pursuant to 10 CFR part 54, 
to renew Operating License No. DPR-22 for Monticello Nuclear Generating 
Plant. 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 Monticello Nuclear 
Generating Plant Facility, Operating License No. DPR-22, for an 
Additional 20-Year Period,'' was published in the Federal Register on 
April 6, 2005 (70 FR 17482).
    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 No. 50-263 for Operating License No. DPR-
22 will be retained. The docketing of the renewal application does not 
preclude requesting additional information as the review proceeds, nor 
does it predict

[[Page 25118]]

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 
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 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 license. 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 
https://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 e-mail at pdr@nrc.gov. If a request for a hearing or a 
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 
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 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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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 Monticello 
Nuclear Generating Plant 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 shall jointly designate a 
representative who shall have the authority to act for the requestors/
petitioners with respect to that contention. If a requestor/petitioner 
seeks to adopt the contention of another sponsoring requestor/
petitioner, the requestor/petitioner who seeks to adopt the contention 
must either agree that the sponsoring requestor/petitioner shall act as 
the representative with respect to that contention, or jointly 
designate with the sponsoring requestor/petitioner a representative who 
shall have the authority to act for the requestors/petitioners with 
respect to that 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. 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

[[Page 25119]]

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 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 e-mail 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 applicant. Attorney for the 
Applicant: Jonathan Rogoff, Esq., Vice President, Counsel & Secretary, 
Nuclear Management Company, LLC, 700 First Street, Hudson, WI 54016.
    Non-timely 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 https://www.nrc.gov/reactors/
operating/licensing/renewal.html on the NRC's Web site. Copies of the 
application to renew the operating license for Monticello Nuclear 
Generating Plant, 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 https://
www.nrc.gov/reactors/operating/licensing/renewal/applications.html on 
the NRC's Web site 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 https://www.nrc.gov/reading-rm/adams.html under 
ADAMS Accession Number ML050880237. 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 Monticello 
Nuclear Generating Plant, at the Monticello Public Library, 200 West 
6th Street, Monticello, MN 55362.

    Dated at Rockville, Maryland, this 5th day of May, 2005.

    For the Nuclear Regulatory Commission.
Pao-Tsin Kuo,
Program Director, License Renewal and Environmental Impacts Program, 
Division of Regulatory Improvement Programs, Office of Nuclear Reactor 
Regulation.
[FR Doc. E5-2341 Filed 5-11-05; 8:45 am]
BILLING CODE 7590-01-P
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