Nuclear Management Company, LLC, Palisades Nuclear Plant; Notice of Acceptance for Docketing of the Application and Notice of Opportunity for Hearing Regarding Renewal of Facility Operating License No. DPR-20 for an Additional 20-Year Period, 33533-33535 [E5-2914]
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Federal Register / Vol. 70, No. 109 / Wednesday, June 8, 2005 / Notices
Steven D. Emslie; Permit No. 2006–
001.
Nadene G. Kennedy,
Permit Officer.
[FR Doc. 05–11387 Filed 6–7–05; 8:45 am]
BILLING CODE 7555–01–M
NATIONAL SCIENCE FOUNDATION
Notice of Permits Issued Under the
Antarctic Conservation Act of 1978
National Science Foundation.
Notice of permits issued under
the Antarctic Conservation Act of 1978,
Public Law 95–541.
AGENCY:
ACTION:
SUMMARY: The National Science
Foundation (NSF) is required to publish
notice of permits issued under the
Antarctic Conservation Act of 1978.
This is the required notice.
FOR FURTHER INFORMATION CONTACT:
Nadene G. Kennedy, Permit Office,
Office of Polar Programs, Rm. 755,
National Science Foundation, 4201
Wilson Boulevard, Arlington, VA 22230.
SUPPLEMENTARY INFORMATION: On April
5, 2005, the National Science
Foundation published a notice in the
Federal Register of a permit
applications received. Permits were
issued on May 17, 2005, to:
Tom Yelvington; Permit No. 2006–
003.
Natalie Goodall; Permit No. 2006–005.
Tom Yelvington; Permit No. 2006–
006.
Tom Yelvington; Permit No. 2006–
007.
Tom Yelvington; Permit No. 2006–
008.
Nadene G. Kennedy,
Permit Officer
[FR Doc. 05–11388 Filed 6–7–05; 8:45 am]
BILLING CODE 7555–01–M
NUCLEAR REGULATORY
COMMISSION
[Docket No 72–13]
Entergy Operations, Incorporated;
Notice of Docketing of Request for
Exemption for Arkansas Nuclear One,
Unit 1 and Unit 2
Nuclear Regulatory
Commission.
ACTION: Notice of request for exemption
from the requirements of 10 CFR
72.212(a)(2) and 10 CFR 72.214.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
Christopher M. Regan, Senior Project
Manager, Spent Fuel Project Office,
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Office of Nuclear Material Safety and
Safeguards, U.S. Nuclear Regulatory
Commission, Washington, DC 20555.
Telephone: (301) 415–1179; fax number:
(301) 415–1179; e-mail: cmr1@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory
Commission (NRC or Commission) is
considering a request dated May 23,
2005, from Entergy Operations, Inc.
(applicant or Entergy Operations) for
exemption from the requirements of 10
CFR 72.212(a)(2) and 10 CFR 72.214
pursuant to 10 CFR 72.7, for the
Arkansas Nuclear One, Unit 1 (ANO–1)
and Unit 2 (ANO–2), facility located 6
miles west-northwest of Russellville,
Arkansas. If granted, the exemption will
authorize the applicant to load spent
nuclear fuel in accordance with
proposed Amendment 2 to Certificate of
Compliance (CoC) 1014 granted to
Holtec International (Holtec) for the HISTORM 100 system. This request was
docketed under 10 CFR Part 72; the
Independent Spent Fuel Storage
Installation Docket No. is 72–13.
An NRC administrative review,
documented in a letter to Entergy
Operations dated June 2, 2005, found
that the application contains sufficient
information for the NRC staff to begin its
technical review. Prior to issuance of
the requested exemption, the
Commission will have made the
findings required by the Atomic Energy
Act of 1954, as amended (the Act), and
the Commission’s regulations. These
findings will be documented in a Safety
Evaluation Report. The issuance of the
exemption will not be approved until
the NRC has reviewed the application
and has concluded that granting of the
request will not be inimical to the
common defense and security and will
not constitute an unreasonable risk to
the health and safety of the public. The
NRC will complete an environmental
assessment, in accordance with 10 CFR
part 51. This action will be the subject
of a subsequent notice in the Federal
Register.
II. Further Information
In accordance with 10 CFR 2.390 of
NRC’s ‘‘Rules of Practice,’’ final NRC
records and documents regarding this
proposed action, including the
exemption request dated May 23, 2005,
are publically available in the records
component of NRC’s Agencywide
Documents Access and Management
System (ADAMS). These documents
may be inspected at NRC’s Public
Electronic Reading Room at https://
www.nrc.gov/reading-rm/adams.html.
These documents may also be viewed
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33533
electronically on the public computers
located at the NRC’s Public Document
Room (PDR), O1F21, One White Flint
North, 11555 Rockville Pike, Rockville,
MD 20852. The PDR reproduction
contractor will copy documents for a
fee. Persons who do not have access to
ADAMS or who encounter problems in
accessing the documents located in
ADAMS, should contact the NRC PDR
Reference staff by telephone at 1–800–
397–4209 or (301) 415–4737, or by email to pdr@nrc.gov.
Dated at Rockville, Maryland, this 2nd day
of June 2005.
For the Nuclear Regulatory Commission.
Christopher M. Regan,
Senior Project Manager, Spent Fuel Project
Office, Office of Nuclear Material Safety and
Safeguards.
[FR Doc. E5–2917 Filed 6–7–05; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–255]
Nuclear Management Company, LLC,
Palisades Nuclear Plant; Notice of
Acceptance for Docketing of the
Application and Notice of Opportunity
for Hearing Regarding Renewal of
Facility Operating License No. DPR–20
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 No. DPR–
20, which authorizes the Nuclear
Management Company, LLC, to operate
the Palisades Nuclear Plant at 2530
megawatts thermal. The renewed
license would authorize the applicant to
operate the Palisades Nuclear Plant, for
an additional 20 years beyond the
period specified in the current license.
The current Operating License for the
Palisades Nuclear Plant expires on
March 24, 2011.
The Commission’s staff has received
an application dated March 22, 2005
and a supplement dated May 5, 2005,
from Nuclear Management Company,
LLC, pursuant to 10 CFR Part 54, to
renew the operating license DPR–20 for
the Palisades Nuclear Plant. A Notice of
Receipt and Availability of the license
renewal application, ‘‘Nuclear
Management Company, LLC; Palisades
Nuclear Plant; Notice of Receipt and
Availability of Application for Renewal
Facility Operating License No. DPR–20
for an Additional 20-Year Period,’’ was
published in the Federal Register on
April 12, 2005.
E:\FR\FM\08JNN1.SGM
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33534
Federal Register / Vol. 70, No. 109 / Wednesday, June 8, 2005 / Notices
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. 50–255 for Operating
License No. DPR–20 will be retained.
The docketing of the renewal
application and supplement 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) timelimited 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
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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 email at pdr@nrc.gov. If
a request for a hearing or a petition for
leave to intervene is filed within the 60day 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
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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 Palisades Nuclear
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 will be required
to jointly designate 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, 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
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\08JNN1.SGM
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Federal Register / Vol. 70, No. 109 / Wednesday, June 8, 2005 / Notices
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.
Jonathan Rogoff, Esquire, Vice
President, Counsel & Secretary, Nuclear
Management Company, LLC, 700 First
Street, Hudson, WI 54016.
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 https://
www.nrc.gov/reactors/operating/
licensing/renewal.html on the NRC’s
Web site. Copies of the application and
supplement to renew the operating
licenses for Palisades Nuclear 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 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/
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33535
adams.html under ADAMS accession
numbers ML050940434 and
ML051300128. 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 and
supplement are also available to local
residents near the Palisades Nuclear
Plant, at the South Haven Memorial
Library, 314 Broadway, South Haven,
MI 49090.
control room or emergency control
station(s) is free of fire damage * * *’’
By letter dated March 5, 2004, the
licensee requested a permanent
exemption from the requirements of 10
CFR Part 50, appendix R, Section
III.G.1.a for a repair consisting of
powering a dedicated air compressor
from one of two pre-planned 480 volt
power sources using pre-staged power
cords and connecting the air compressor
to nitrogen bottle manifolds on one or
both reactor units using a pre-staged
pneumatic hose with quick connect
fittings.
The licensee stated:
Dated at Rockville, Maryland, this 2nd day
of June, 2005.
For the Nuclear Regulatory Commission.
Samson S. Lee,
Acting Program Director, License Renewal
and Environmental Impacts Program,
Division of Regulatory Improvement
Programs, Office of Nuclear Reactor
Regulation.
[FR Doc. E5–2914 Filed 6–7–05; 8:45 am]
The existing Safe Shutdown Analysis
(SSA) for Point Beach credits a hard-piped
nitrogen bottle bank to provide the first
several hours of charging pump control air
during hot shutdown. However, if the normal
source of instrument air is not restored prior
to depletion of this bottle bank, a dedicated
air compressor is available to provide
continued support for long term hot
shutdown (and/or subsequent transition to
cold shutdown) operation. This air
compressor must be connected to a suitable
power supply by means of electrical cables
and to the charging pump backup control air
manifolds by portable hoses.
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–266 and 50–301]
Nuclear Management Company, LLC,
Point Beach Nuclear Plant, Units 1 and
2; Exemption
1.0
Background
Nuclear Management Company, LLC
(NMC, the licensee), is the holder of
Facility Operating License Nos. DPR–24
and DPR–27 which authorizes operation
of the Point Beach Nuclear Plant, Units
1 and 2. The licenses provide, among
other things, that the facility is subject
to all rules, regulations, and orders of
the U.S. Nuclear Regulatory
Commission (NRC, the Commission)
now or hereafter in effect.
The facility consists of two
pressurized-water reactors (PWR)
located in Manitowoc County,
Wisconsin.
2.0
Request/Action
Title 10 of the Code of Federal
Regulations (10 CFR) Part 50, Appendix
R, ‘‘Fire Protection Program for Nuclear
Power Facilities Operating Prior to
January 1, 1979,’’ established fire
protection (FP) requirements to satisfy
10 CFR 50, appendix A, General Design
Criterion 3, ‘‘Fire Protection.’’
Appendix R, Section III.G.1.a of 10
CFR Part 50 requires: ‘‘one train of
systems necessary to achieve and
maintain hot shutdown from either the
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3.0 Discussion
Pursuant to 10 CFR 50.12, the
Commission may, upon application by
any interested person or upon its own
initiative, grant exemptions from the
requirements of 10 CFR Part 50 when (1)
the exemptions are authorized by law,
will not present an undue risk to public
health or safety, and are consistent with
the common defense and security; and
(2) when special circumstances are
present. Section 50.12(a)(2)(ii) of 10 CFR
states that special circumstances are
present whenever ‘‘application of the
regulation in the particular
circumstances would not serve the
underlying purpose of the rule or is not
necessary to achieve the underlying
purpose of the rule. * * *’’
10 CFR Part 50, Appendix R, Section
III.G.1.a requires that, ‘‘one train of
systems necessary to achieve and
maintain hot shutdown conditions from
either the control room or emergency
control station(s) is free of fire damage.’’
Appendix R, Section III.L.1, of 10 CFR
Part 50 requires that an alternative or
dedicated shutdown capability shall be
able to, among other things, ‘‘(c) achieve
and maintain hot standby conditions for
a PWR; and (d) achieve cold shutdown
conditions within 72 hours.’’ NRC
Inspection Report 50–266/2003–007;
50–301/2003–007, dated February 4,
2004, documents a Non-Cited Violation
of Appendix R, Section III.L.1.c, in that
NMC, ‘‘failed to ensure, without the
need for ’hot standby repairs,’ adequate
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]]>Agencies
[Federal Register Volume 70, Number 109 (Wednesday, June 8, 2005)]
[Notices]
[Pages 33533-33535]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-2914]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-255]
Nuclear Management Company, LLC, Palisades Nuclear Plant; Notice
of Acceptance for Docketing of the Application and Notice of
Opportunity for Hearing Regarding Renewal of Facility Operating License
No. DPR-20 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 No. DPR-
20, which authorizes the Nuclear Management Company, LLC, to operate
the Palisades Nuclear Plant at 2530 megawatts thermal. The renewed
license would authorize the applicant to operate the Palisades Nuclear
Plant, for an additional 20 years beyond the period specified in the
current license. The current Operating License for the Palisades
Nuclear Plant expires on March 24, 2011.
The Commission's staff has received an application dated March 22,
2005 and a supplement dated May 5, 2005, from Nuclear Management
Company, LLC, pursuant to 10 CFR Part 54, to renew the operating
license DPR-20 for the Palisades Nuclear Plant. A Notice of Receipt and
Availability of the license renewal application, ``Nuclear Management
Company, LLC; Palisades Nuclear Plant; Notice of Receipt and
Availability of Application for Renewal Facility Operating License No.
DPR-20 for an Additional 20-Year Period,'' was published in the Federal
Register on April 12, 2005.
[[Page 33534]]
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. 50-255 for Operating License No. DPR-
20 will be retained. The docketing of the renewal application and
supplement 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
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 email 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 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.
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\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.
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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 Palisades
Nuclear 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 will be required to jointly
designate 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, 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
[[Page 33535]]
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 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 licensee. Jonathan Rogoff, Esquire, Vice President,
Counsel & Secretary, Nuclear Management Company, LLC, 700 First Street,
Hudson, WI 54016.
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 https://www.nrc.gov/reactors/
operating/licensing/renewal.html on the NRC's Web site. Copies of the
application and supplement to renew the operating licenses for
Palisades Nuclear 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 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 numbers ML050940434 and ML051300128. 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 and supplement are also available to local residents near
the Palisades Nuclear Plant, at the South Haven Memorial Library, 314
Broadway, South Haven, MI 49090.
Dated at Rockville, Maryland, this 2nd day of June, 2005.
For the Nuclear Regulatory Commission.
Samson S. Lee,
Acting Program Director, License Renewal and Environmental Impacts
Program, Division of Regulatory Improvement Programs, Office of Nuclear
Reactor Regulation.
[FR Doc. E5-2914 Filed 6-7-05; 8:45 am]
BILLING CODE 7590-01-P
