Notice of Acceptance for Docketing of the Application and Notice of Opportunity for Hearing Regarding Renewal of Facility Operating License Nos. NPF-41, NPF-51, and NPF-74 for an Additional 20-Year Period; Arizona Public Service Company; Palo Verde Nuclear Generating Station, Units 1, 2, and 3, 22978-22981 [E9-11388]

Download as PDF 22978 Federal Register / Vol. 74, No. 93 / Friday, May 15, 2009 / Notices California. Listening stations for the tape recordings will be available at both locations. Researchers at either facility must have a NARA researcher card which they may obtain when they arrive at the facility. Petitions asserting a legal or constitutional right or privilege which would prevent or limit access must be sent to the Archivist of the United States, National Archives at College Park, 8601 Adelphi Road, College Park, Maryland 20740–6001. FOR FURTHER INFORMATION CONTACT: Timothy Naftali, Director, Richard Nixon Presidential Library and Museum, 714–983–9121 or 301–837– 3117. SUPPLEMENTARY INFORMATION: The following materials will be made available in accordance with this notice: 1. NARA is proposing to open approximately 994 conversations which were recorded at the Nixon White House in January and February 1973. These conversations total approximately 154 hours of listening time. This is the thirteenth opening of Nixon White House tapes since 1980. There are no transcripts for these tapes. Tape subject logs, prepared by NARA, are offered for public access as a finding aid to the tape segments and a guide for the listener. There is a separate tape log entry for each conversation. Each tape log entry includes the names of participants; date and inclusive times of each conversation; location of the conversation; and an outline of the content of the conversation. Listening stations will be available on a first come, first served basis and will also be available on the Web at https:// www.nixonlibrary.gov. NARA reserves the right to limit listening time in response to heavy demand. 2. Previously restricted materials. Volume: 10.5 cubic feet. A number of textual materials which were previously withheld from public access have been reviewed for release and/or declassified under the mandatory review provisions of Executive Order 12958, as amended, or in accordance with 36 CFR 1275.56 (Public Access regulations). The materials are from integral file segments for the White House Special Files, Staff Member and Office Files; the National Security Council Files; and the Henry A. Kissinger Office Files. 3. White House Central Files, Staff Member and Office Files. Volume: 8 cubic feet. The White House Central Files Unit was a permanent organization within the White House complex that maintained a central filing and retrieval system for the records of the President and his staff. The Staff Member and Office Files consist of materials that VerDate Nov<24>2008 16:43 May 14, 2009 Jkt 217001 were transferred to the Central Files but were not incorporated into the Subject Files. The following file groups will be made available: Kenneth Cole Files. 4. White House Central Files, Name Files: Volume: <1 cubic foot. The Name Files were used for routine materials filed alphabetically by the name of the correspondent; copies of documents in the Name Files were usually filed by subject in the Subject Files. The Name Files relating to Paul Olsen and Frank Borman will be made available with this opening. 5. White House Central Files, Subject Files. Volume: 3 cubic feet. The White House Central Files Unit was a permanent organization within the White House complex that maintained a central filing and retrieval system for the records of the President and his staff. The Subject Files were arranged according to subject matter and were based on an alphanumerical file scheme of 61 primary categories. Listed below are the integral files segments from the White House Central Files, Subject Files in this opening: GI Gifts [partial]. ME Messages [partial]. FG 170 National Commission on Fire Prevention and Control. FG 210 Public Advisory Committee on Trade Policy [empty]. FG 211 Public Land Law Review Commission. FG 212 Quetico-Superior Committee. FG 213 Railroad Retirement Board. FG 214 Renegotiation Board. FG 215 Securities and Exchange Commission. FG 219 Southern Interstate Nuclear Board. FG 220 Subversive Activities Control Board. 6. White House Special Files, Subject Files, Oversize Attachment Files. Volume: 7 cubic feet. The White House Special Files Unit was created within the White House complex to provide a secure storage location for administratively and politically sensitive material, personal material, and material with the President’s handwriting. The Subject Files were arranged according to subject matter and were based on an alphanumerical file scheme of 61 primary categories. The Oversize Attachment Files were a means of filing and organizing materials that were too bulky or odd-sized to be placed in a file folder. Listed below are the oversize attachments from the White House Special Files, Subject Files in this opening: CF OA 1056 FG 6–11–1 Huebner, Lee. CF OA 354 FG 215 Securities and Exchange Commission. PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 7. White House Central Files, Oversize Attachment Files. Volume: 1 cubic foot. The White House Central Files Unit was a permanent organization within the White House complex that maintained a central filing and retrieval system for the records of the President and his staff. The Oversize Attachment Files were a means of filing and organizing materials that were too bulky or oddsized to be placed in a file folder. Listed below are the oversize attachments from the White House Central Files, Oversize Attachment Files in this opening: OA’s (707, 1963, 3269, 3989, 3993, 4580, 4801, 4942, 5118, 5197, 5403, 5717, 8084, 8880, 8974, 9007, 9177, 9194, 9908, 10005, 10111, 10156, 10508, 10589, 10743, 10990, 11604, 11910, 12141, 12319, 13958, 14378 14484). 8. National Security Council Files. Volume: 3 cubic feet. In accordance with the provisions of Executive Order 12958, as amended, several series within the National Security Council files have been systematically reviewed for declassification and the following file groups will be made available: EC–121 Korea, Shoot Down. 9. The Nixon Library holds three subgroups of Federal Record Group 87: Records of the United States Secret Service. Those relating to the ‘‘Installation and Maintenance of the White House Sound Recording System and Tapes,’’ NC3–87–82–1, consisting of 2.5 cubic feet, will be made available. Dated: May 8, 2009. Adrienne Thomas, Acting Archivist of the United States. [FR Doc. E9–11515 Filed 5–14–09; 8:45 am] BILLING CODE 7515–01–P NUCLEAR REGULATORY COMMISSION [Docket Nos. 50–528, 50–529, and 50–530; NRC–2009–0012] Notice of Acceptance for Docketing of the Application and Notice of Opportunity for Hearing Regarding Renewal of Facility Operating License Nos. NPF–41, NPF–51, and NPF–74 for an Additional 20-Year Period; Arizona Public Service Company; Palo Verde Nuclear Generating Station, Units 1, 2, and 3 The U.S. Nuclear Regulatory Commission (NRC or the Commission) is considering an application for the renewal of operating licenses NPF–41, NPF–51, and NPF–74, which authorize Arizona Public Service Company (APS), to operate the Palo Verde Nuclear Generating Station (PVNGS), Units 1, 2, and 3, at 3,990 megawatts thermal. The E:\FR\FM\15MYN1.SGM 15MYN1 Federal Register / Vol. 74, No. 93 / Friday, May 15, 2009 / Notices renewed license would authorize the applicant to operate the PVNGS for an additional 20 years beyond the period specified in the current license. PVNGS is located in Maricopa County, AZ, near Phoenix and its current operating licenses expire at midnight June 1, 2025, April 24, 2026, and November 25, 2027, respectively. APS submitted the application dated December 11, 2008, pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Parts 50, 51, and 54, to renew operating licenses NPF–41, NPF–51, and NPF–74 for PVNGS. A notice of receipt and availability of the license renewal application (LRA) was published in the Federal Register on January 21, 2009 (74 FR 3655). Supplemental information to the application was submitted by APS by letter dated April 14, 2009. The Commission’s staff has determined that APS 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 the application is therefore acceptable for docketing. The current Docket Nos. 50– 528, 50–529, and 50–530, for operating licenses NPF–41, NPF–51, and NPF–74, 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 license, the NRC will have made the findings required by the Atomic Energy Act of 1954 (the Act), as amended, and the Commission’s rules and regulations. In accordance with 10 CFR 54.29, ‘‘Standards for Issuance of a Renewed License,’’ the NRC may issue a renewed license on the basis of its review if it finds that actions have been identified and have been or will be taken with respect to (1) managing, during the period of extended operation, the effects of aging 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 and that any changes made to the plant’s current licensing basis 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 VerDate Nov<24>2008 16:43 May 14, 2009 Jkt 217001 a supplement to the Commission’s NUREG–1437, ‘‘Generic Environmental Impact Statement for License Renewal of Nuclear Power Plants,’’ issued May 1996. In considering the LRA, the Commission must find that the applicable requirements of Subpart A of 10 CFR Part 51, ‘‘Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions,’’ have been satisfied, and that matters raised under 10 CFR 2.335, ‘‘Consideration of Commission Rules and Regulations in Adjudicatory Proceedings,’’ have been addressed. Pursuant to 10 CFR 51.26, ‘‘Requirement to Publish Notice of Intent and Conduct Scoping Process,’’ 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 shall 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, ‘‘Hearing Requests, Petitions to Intervene, Requirements for Standing, and Contentions,’’ which is available at the Commission’s Public Document Room (PDR), located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, MD 20852 and is accessible from the NRC’s Agencywide Documents Access and Management System (ADAMS) Public Electronic Reading Room on the Internet at https:// www.nrc.gov/reading-rm/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 PDR.Resource@nrc.gov. If a request for a hearing/petition for leave to intervene is filed within the 60-day period, the Commission or a presiding officer designated by the Commission or by the Chief Administrative Judge of the Atomic Safety and Licensing Board Panel will rule on the request and/or petition, and the Secretary or the Chief Administrative Judge of the Atomic PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 22979 Safety and Licensing Board Panel will issue a notice of a hearing or an appropriate order. If 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 part 51 and 10 CFR part 54, ‘‘Requirements for Renewal of Operating Licenses for Nuclear Power Plants,’’ 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 shall 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 shall also set forth the specific contentions which the petitioner/ requestor seeks to have litigated at the proceeding. Each contention shall consist of a specific statement of the issue of law or fact to be raised or controverted. In addition, the requestor/petitioner must briefly explain the bases of each contention and state concisely 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 opinions. 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 shall be one that, if proven, would 1 If 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\15MYN1.SGM 15MYN1 22980 Federal Register / Vol. 74, No. 93 / Friday, May 15, 2009 / Notices 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. The Commission requests that each contention be given a separate numeric or alphabetic 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 will 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 hearing or a petition for leave to intervene shall be filed in accordance with the NRC EFiling rule, which the NRC officially announced in the Federal Register on August 28, 2007 (72 FR 49139). The EFiling 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 10 days prior to the filing deadline, the petitioner/requestor should contact the Office of the Secretary by e-mail at HEARINGDOCKET@NRC.GOV, or by calling (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/or (2) the creation of an electronic docket for the proceeding (even in instances in which the petitioner/requestor (or its counsel or representative) already holds an NRCissued digital ID certificate). Each petitioner/requestor will need to download the Workplace Forms ViewerTM to access the Electronic Information Exchange (EIE), a component of the E-Filing system. The Workplace Forms ViewerTM is free and available at https://www.nrc.gov/sitehelp/e-submittals/install-viewer.html. Information about applying for a digital ID certificate is available on the NRC’s public Web site at https://www.nrc.gov/ VerDate Nov<24>2008 16:43 May 14, 2009 Jkt 217001 site-help/e-submittals/applycertificates.html. Once a petitioner/requestor has obtained a digital ID certificate, had a docket created, and downloaded the EIE viewer, it 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 https://www.nrc.gov/site-help/esubmittals.html. A filing is considered complete at the time the filer submits its documents through EIE. To be timely, an electronic filing shall be submitted to the EIE 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 EIE 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 through the ‘‘Contact Us’’ link located on the NRC Web site at https://www.nrc.gov/sitehelp/e-submittals.html or by calling the NRC electronic filing Help Desk, which is available between 8 a.m. and 8 p.m. Eastern Time, Monday through Friday, excluding government holidays. The toll-free help line number is (866) 672– 7640. A person filing electronically may also seek assistance by sending an email to the NRC electronic filing Help Desk at MSHD.Resource@nrc.gov. 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 shall 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, PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, MD 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. 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 and/or request should be granted and/or the contentions should be admitted based on a balancing of the factors specified in 10 CFR 2.309(c)(1)(i)–(viii). To be timely, filings shall be submitted no later than 11:59 p.m. Eastern Time on the due date. Documents submitted in adjudicatory proceedings will appear in the NRC’s electronic hearing docket which is available to the public at https:// ehd.nrc.gov/EHD_Proceeding/home.asp, unless excluded pursuant to an order of the Commission, an Atomic Safety and Licensing Board, or a 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 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 PVNGS, Units 1, 2, and 3, are available for public inspection at the Commission’s PDR, located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, MD 20852–2738, and at the NRC’s Web site, https://www.nrc.gov/reactors/ operating/licensing/renewal/ applications.html, 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 https://www.nrc.gov/readingrm/adams.html under ADAMS Accession Nos. ML083510627 and E:\FR\FM\15MYN1.SGM 15MYN1 Federal Register / Vol. 74, No. 93 / Friday, May 15, 2009 / Notices ML091130221 (for the April supplement). As stated above, persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS may contact the NRC PDR reference staff by telephone at 1–800–397–4209 or 301– 415–4737, or by e-mail to PDR.Resource@nrc.gov. The NRC staff has verified that a copy of the LRA is also available to local residents near PVNGS at the Litchfield Park Branch Library, 101 West Wigwam Boulevard, Litchfield Park, AZ 85340, and the Sam Garcia Western Avenue Library, 495 East Western Avenue, Avondale, AZ 85323. Attorney for Arizona Public Service Company: Michael G. Green, Senior Regulatory Counsel, Pinnacle West Capital Corporation, P.O. Box 52034, Mail Station 8695, Phoenix, AZ 85072– 2034. Dated at Rockville, Maryland, this 11th day of May 2009. For the Nuclear Regulatory Commission. Brian E. Holian, Director, Division of License Renewal, Office of Nuclear Reactor Regulation. [FR Doc. E9–11388 Filed 5–14–09; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket No. 50–391; NRC–2008–0369] Tennessee Valley Authority: Notice of Receipt of Update to Application for Facility Operating License and Notice of Opportunity for Hearing for the Watts Bar Nuclear Plant, Unit 2 and Order Imposing Procedures for Access to Sensitive Unclassified NonSafeguards Information and Safeguards Information for Contention Preparation In accordance with the Commission’s direction in its Staff Requirements Memorandum SECY–07–0096, ‘‘Staff Requirements—Possible Reactivation of Construction and Licensing Activities for the Watts Bar Nuclear Plant Unit 2,’’ dated July 25, 2007, and pursuant to the Atomic Energy Act of 1954 (the Act), as amended, and the regulations in Title 10 of the Code of Federal Regulations (10 CFR) Part 2, ‘‘Rules of Practice for Domestic Licensing Proceedings and Issuance of Orders,’’ and 10 CFR Part 50, ‘‘Domestic Licensing of Production and Utilization Facilities,’’ notice is hereby given that, on March 4, 2009, the U.S. Nuclear Regulatory Commission (NRC, the Commission) has received an update to the application for a facility operating license (OL) from the VerDate Nov<24>2008 16:43 May 14, 2009 Jkt 217001 Tennessee Valley Authority (TVA or the applicant) that would authorize TVA to possess, use, and operate a second lightwater nuclear reactor (the facility), Watts Bar Nuclear Plant (WBN) Unit 2, located on the applicant’s site in Rhea County, Tennessee. The unit would operate at a steady-state power level of 3411 megawatts thermal. The original application dated June 30, 1976, was found acceptable for docketing on September 15, 1976, and ‘‘Notice of Receipt of Application for Facility Operating Licenses; Notice of Consideration of Issuance of Facility Operating Licenses; and Notice of Opportunity for Hearing’’ for WBN Units 1 and 2 was published in the Federal Register on December 27, 1976 (41 FR 56244). On February 7, 1996, the NRC issued a full-power OL to TVA to operate WBN Unit 1 at this site. However, TVA has not completed construction of WBN Unit 2. Construction of the facility was authorized by Construction Permit No. CPPR–92, issued by the Commission on January 23, 1973. TVA has stated that it expects to complete construction prior to April 1, 2012. Pursuant to the National Environmental Policy Act, as amended, and the Commission’s regulations in 10 CFR part 51, on February 15, 2008, TVA submitted to the NRC ‘‘Watts Bar Nuclear Plant (WBN)—Unit 2—Final Supplemental Environmental Impact Statement [FSEIS] for the Completion and Operation of Unit 2,’’ to the NRC in support of its OL application for WBN Unit 2. By letter dated January 27, 2009, TVA submitted its ‘‘Final Supplemental Environmental Impact Statement— Severe Accident Management Alternatives [SAMA],’’ to supplement its FSEIS. After the staff has completed its review of TVA’s FSEIS, the NRC will prepare a draft supplement to environmental impact statement related to the operation of WBN Unit 2 (SEIS– OL). Upon preparation of the draft SEIS–OL, the Commission will, among other things, cause to be published in the Federal Register, a notice of availability of the draft supplement, requesting comments from interested persons on the draft SEIS–OL. The notice will also contain a statement to the effect that any comments of Federal agencies and State and local officials will be made available when received. The draft SEIS–OL will focus on matters that differ from those previously discussed in the final environmental statement prepared in connection with the issuance of the construction permits and the WBN Unit 1 OL. Upon consideration of comments submitted PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 22981 with respect to the draft SEIS–OL, the Commission’s staff will prepare a final SEIS–OL, the availability of which will be published in the Federal Register. The NRC staff will complete a detailed technical review of the application and will document its findings in Supplements to NUREG– 0847, ‘‘Safety Evaluation Report Related to the Operation of Watts Bar Nuclear Plant, Unit 2.’’ The Commission will consider the issuance of the facility OL to TVA, which would authorize the applicant to possess, use and operate the WBN Unit 2 in accordance with the provisions of the license and the technical specifications appended thereto, upon: (1) The completion of a favorable safety evaluation of the application by the Commission’s staff; (2) the completion of the environmental review required by the Commission’s regulations in 10 CFR part 51; (3) the receipt of a report on the applicant’s application for the facility OL by the Advisory Committee on Reactor Safeguards; and (4) a finding by the Commission that the application for the facility licenses, as amended, complies with the requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission’s regulations in 10 CFR Chapter I. The OL will not be issued until the Commission has made the findings reflecting its review of the application under the Act, which will be set forth in the proposed license, and has concluded that the issuance of the license will not be inimical to the common defense and security or to the health and safety of the public. Within 60 days after the date of initial publication of this notice in the Federal Register on May 1, 2009 (74 FR 20350), any person(s) whose interest may be affected by this action and who desires to participate as a party to this action may file a written request for a hearing and a petition to intervene with respect to whether an OL should be issued. 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 person(s) should consult a current copy of 10 CFR 2.309, ‘‘Hearing Requests, Petitions To Intervene, Requirements for Standing, and Contentions,’’ which is available at the Commission’s Public Document Room (PDR), located at One White Flint North, Public File Area O–1F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible from the Agencywide Documents Access and Management System (ADAMS) Public Electronic E:\FR\FM\15MYN1.SGM 15MYN1

Agencies

[Federal Register Volume 74, Number 93 (Friday, May 15, 2009)]
[Notices]
[Pages 22978-22981]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-11388]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-528, 50-529, and 50-530; NRC-2009-0012]


Notice of Acceptance for Docketing of the Application and Notice 
of Opportunity for Hearing Regarding Renewal of Facility Operating 
License Nos. NPF-41, NPF-51, and NPF-74 for an Additional 20-Year 
Period; Arizona Public Service Company; Palo Verde Nuclear Generating 
Station, Units 1, 2, and 3

    The U.S. Nuclear Regulatory Commission (NRC or the Commission) is 
considering an application for the renewal of operating licenses NPF-
41, NPF-51, and NPF-74, which authorize Arizona Public Service Company 
(APS), to operate the Palo Verde Nuclear Generating Station (PVNGS), 
Units 1, 2, and 3, at 3,990 megawatts thermal. The

[[Page 22979]]

renewed license would authorize the applicant to operate the PVNGS for 
an additional 20 years beyond the period specified in the current 
license. PVNGS is located in Maricopa County, AZ, near Phoenix and its 
current operating licenses expire at midnight June 1, 2025, April 24, 
2026, and November 25, 2027, respectively.
    APS submitted the application dated December 11, 2008, pursuant to 
Title 10 of the Code of Federal Regulations (10 CFR), Parts 50, 51, and 
54, to renew operating licenses NPF-41, NPF-51, and NPF-74 for PVNGS. A 
notice of receipt and availability of the license renewal application 
(LRA) was published in the Federal Register on January 21, 2009 (74 FR 
3655).
    Supplemental information to the application was submitted by APS by 
letter dated April 14, 2009. The Commission's staff has determined that 
APS 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 the application is therefore 
acceptable for docketing. The current Docket Nos. 50-528, 50-529, and 
50-530, for operating licenses NPF-41, NPF-51, and NPF-74, 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 license, the NRC will have 
made the findings required by the Atomic Energy Act of 1954 (the Act), 
as amended, and the Commission's rules and regulations. In accordance 
with 10 CFR 54.29, ``Standards for Issuance of a Renewed License,'' the 
NRC may issue a renewed license on the basis of its review if it finds 
that actions have been identified and have been or will be taken with 
respect to (1) managing, during the period of extended operation, the 
effects of aging 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 and that any changes made to the plant's 
current licensing basis 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,'' issued May 1996. In 
considering the LRA, the Commission must find that the applicable 
requirements of Subpart A of 10 CFR Part 51, ``Environmental Protection 
Regulations for Domestic Licensing and Related Regulatory Functions,'' 
have been satisfied, and that matters raised under 10 CFR 2.335, 
``Consideration of Commission Rules and Regulations in Adjudicatory 
Proceedings,'' have been addressed. Pursuant to 10 CFR 51.26, 
``Requirement to Publish Notice of Intent and Conduct Scoping 
Process,'' 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 shall 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, 
``Hearing Requests, Petitions to Intervene, Requirements for Standing, 
and Contentions,'' which is available at the Commission's Public 
Document Room (PDR), located at One White Flint North, 11555 Rockville 
Pike (first floor), Rockville, MD 20852 and is accessible from the 
NRC's Agencywide Documents Access and Management System (ADAMS) Public 
Electronic Reading Room on the Internet at https://www.nrc.gov/reading-rm/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 PDR.Resource@nrc.gov. If a request for 
a hearing/petition for leave to intervene is filed within the 60-day 
period, the Commission or a presiding officer designated by the 
Commission or by the Chief Administrative Judge of the Atomic Safety 
and Licensing Board Panel will rule on the request and/or petition, and 
the Secretary or the Chief Administrative Judge of the Atomic Safety 
and Licensing Board Panel will issue a notice of a hearing or an 
appropriate order. If 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 part 51 and 10 CFR part 54, ``Requirements for Renewal of 
Operating Licenses for Nuclear Power Plants,'' 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 
shall 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 shall also set forth the specific contentions which the 
petitioner/requestor seeks to have litigated at the proceeding.
    Each contention shall consist of a specific statement of the issue 
of law or fact to be raised or controverted. In addition, the 
requestor/petitioner must briefly explain the bases of each contention 
and state concisely 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 opinions. 
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 shall be one 
that, if proven, would

[[Page 22980]]

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\ If 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 alphabetic 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 will 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 hearing or a petition for leave to intervene 
shall be filed in accordance with the NRC E-Filing rule, which the NRC 
officially announced in the Federal Register on August 28, 2007 (72 FR 
49139). 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 10 
days prior to the filing deadline, the petitioner/requestor should 
contact the Office of the Secretary by e-mail at HEARINGDOCKET@NRC.GOV, 
or by calling (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/or (2) the creation of an 
electronic docket for the proceeding (even in instances in which the 
petitioner/requestor (or its counsel or representative) already holds 
an NRC-issued digital ID certificate). Each petitioner/requestor will 
need to download the Workplace Forms ViewerTM to access the 
Electronic Information Exchange (EIE), a component of the E-Filing 
system. The Workplace Forms ViewerTM is free and available 
at https://www.nrc.gov/site-help/e-submittals/install-viewer.html. 
Information about applying for a digital ID certificate is available on 
the NRC's public Web site at https://www.nrc.gov/site-help/e-submittals/apply-certificates.html.
    Once a petitioner/requestor has obtained a digital ID certificate, 
had a docket created, and downloaded the EIE viewer, it 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 https://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the 
time the filer submits its documents through EIE. To be timely, an 
electronic filing shall be submitted to the EIE 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 
EIE 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 through the ``Contact Us'' link 
located on the NRC Web site at https://www.nrc.gov/site-help/e-submittals.html or by calling the NRC electronic filing Help Desk, 
which is available between 8 a.m. and 8 p.m. Eastern Time, Monday 
through Friday, excluding government holidays. The toll-free help line 
number is (866) 672-7640. A person filing electronically may also seek 
assistance by sending an e-mail to the NRC electronic filing Help Desk 
at MSHD.Resource@nrc.gov.
    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 shall 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, MD 
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.
    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 
and/or request should be granted and/or the contentions should be 
admitted based on a balancing of the factors specified in 10 CFR 
2.309(c)(1)(i)-(viii). To be timely, filings shall be submitted no 
later than 11:59 p.m. Eastern Time on the due date.
    Documents submitted in adjudicatory proceedings will appear in the 
NRC's electronic hearing docket which is available to the public at 
https://ehd.nrc.gov/EHD_Proceeding/home.asp, unless excluded pursuant 
to an order of the Commission, an Atomic Safety and Licensing Board, or 
a 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 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 PVNGS, Units 1, 2, and 
3, are available for public inspection at the Commission's PDR, located 
at One White Flint North, 11555 Rockville Pike (first floor), 
Rockville, MD 20852-2738, and at the NRC's Web site, https://www.nrc.gov/reactors/operating/licensing/renewal/applications.html, 
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 https://www.nrc.gov/reading-rm/adams.html under ADAMS 
Accession Nos. ML083510627 and

[[Page 22981]]

ML091130221 (for the April supplement). As stated above, persons who do 
not have access to ADAMS or who encounter problems in accessing the 
documents located in ADAMS may contact the NRC PDR reference staff by 
telephone at 1-800-397-4209 or 301-415-4737, or by e-mail to 
PDR.Resource@nrc.gov.
    The NRC staff has verified that a copy of the LRA is also available 
to local residents near PVNGS at the Litchfield Park Branch Library, 
101 West Wigwam Boulevard, Litchfield Park, AZ 85340, and the Sam 
Garcia Western Avenue Library, 495 East Western Avenue, Avondale, AZ 
85323.
    Attorney for Arizona Public Service Company: Michael G. Green, 
Senior Regulatory Counsel, Pinnacle West Capital Corporation, P.O. Box 
52034, Mail Station 8695, Phoenix, AZ 85072-2034.

    Dated at Rockville, Maryland, this 11th day of May 2009.

    For the Nuclear Regulatory Commission.
Brian E. Holian,
Director, Division of License Renewal, Office of Nuclear Reactor 
Regulation.
[FR Doc. E9-11388 Filed 5-14-09; 8:45 am]
BILLING CODE 7590-01-P
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