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Rochester Gas and Electric Corporation, R.E. Ginna Nuclear Power Plant; Notice of Acceptance for Docketing of the Application and Notice of Opportunity for a Hearing Regarding Renewal of Facility Operating License No. DPR 18 for an Additional 20-year Period

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 [Federal Register: September 30, 2002 (Volume 67, Number 189)]
[Notices]
[Page 61354-61355]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30se02-81]

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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-244]
 
Rochester Gas and Electric Corporation, R.E. Ginna Nuclear Power 
Plant; Notice of Acceptance for Docketing of the Application and Notice 
of Opportunity for a Hearing Regarding Renewal of Facility Operating 
License No. DPR 18 for an Additional 20-year Period

    The U.S. Nuclear Regulatory Commission (the Commission) is 
considering an application for the renewal of Operating License No. 
DPR-18, which authorizes Rochester Gas and Electric Corporation to 
operate R.E. Ginna Nuclear Power Plant, at 1520 megawatts thermal. The 
renewed licenses would authorize the applicant to operate the R.E. 
Ginna Nuclear Power Plant for an additional 20 years beyond the period 
specified in the current licenses. The current operating license for 
R.E. Ginna Nuclear Power Plant expires on September 18, 2009.
    On August 1, 2002, the Commission received an application from 
Rochester Gas and Electric Corporation to renew the operating license 
for the R.E. Ginna Nuclear Power Plant. A Notice of Receipt of 
Application, ``R.E. Ginna Nuclear Power Plant Notice of Receipt of 
Application for Renewal of Facility Operating License No. DPR-18 for an 
Additional 20-year Period,'' was published in the Federal Register on 
August 26, 2002, (67 FR 54825).
    The Commission's staff (the staff) has determined that Rochester 
Gas and Electric Corporation has submitted information in accordance 
with 10 CFR 54.19, 54.21, 54.22, 54.23, and 51.53(c) that is complete 
and acceptable for docketing. The current Docket No. 50-244, for 
Operating License No. DPR-18, will be retained. The docketing of the 
renewal application does not preclude requesting additional information 
as the review proceeds, nor does it predict whether the Commission will 
grant or deny the application.
    Before issuance of each requested renewed license, the Commission 
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 Commission 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 Commission 
will prepare an environmental impact statement that is a supplement to 
NUREG-1437, ``Generic Environmental Impact Statement for License 
Renewal of Nuclear Power Plants'' (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 included in a future Federal Register notice. The 
Commission also intends to hold public meetings to discuss the license 
renewal process and the schedule for conducting the review. The 
Commission will provide prior notice of these meetings. As discussed 
further herein, in the event that a hearing is held, issues that may be 
litigated will be confined to those pertinent to the foregoing.
    Within 30 days from the date of publication of this Federal 
Register notice, the applicant may file a request for a hearing, and 
any person whose interest may be affected by this proceeding and who 
wishes to participate as a party in the proceeding must file a written 
request for a hearing and a petition for leave to intervene with 
respect to the renewal of the licenses in accordance with the 
provisions of 10 CFR 2.714.
    The most recent version of Title 10 of the Code of Federal 
Regulations, published January 1, 2002, inadvertently omitted the last 
sentence of 10 CFR 2.714(d) and subparagraphs (d)(1) and (2), regarding 
petitions to intervene and contentions. Those provisions are extant and 
still applicable to petitions to intervene. Those provisions are as 
follows:
    In all other circumstances, such ruling body or officer shall, in 
ruling on--
    (1) A petition for leave to intervene or a request for hearing, 
consider the following factors, among other things: (i) The nature of 
the petitioner's right under the Act to be made a party to the 
proceeding. (ii) The nature and extent of the petitioner's property, 
financial, or other interest in the proceeding. (iii) The possible 
effect of any order that may be entered in the proceeding on the 
petitioner's interest.
    (2) The admissibility of a contention, refuse to admit a contention 
if: (i) The contention and supporting material fail to satisfy the 
requirements of paragraph (b)(2) of this section; or (ii) The 
contention, if proven, would be of no consequence in the proceeding 
because it would not entitle petitioner to relief.
    Interested persons should consult a current copy of 10 CFR 2.714, 
which is available at the Commission's Public Document Room (PDR), 
11555 Rockville Pike (first floor) Rockville, Maryland, and on the 
Commission's Web site at http://www.nrc.gov Exit Disclaimer (the Public 
Electronic Reading Room). If a request for a hearing or a petition for 
leave to intervene is filed by the above date, the Commission or an 
Atomic Safety and Licensing Board designated by the Commission or by the 
Chairman of the

[[Page 61355]]

Atomic Safety and Licensing Board Panel will rule on the request(s) 
and/or petition(s), and the Secretary or the designated Atomic Safety 
and Licensing Board will issue a notice of hearing or an appropriate 
order. In the event that no request for a hearing or petition for leave 
to intervene is filed by the above date, the Commission 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 2.714, a petition for leave to intervene 
shall set forth, with particularity, the interest of the petitioner in 
the proceeding and how that interest may be affected by the results of 
the proceeding, taking into consideration the limited scope of matters 
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 petitioner's right under the Act to be made a party to 
the proceeding, (2) the nature and extent of the petitioner's property, 
financial, or other interest in the proceeding, and (3) the possible 
effect of any order that may be entered in the proceeding on the 
petitioner's interest. The petition must also identify the specific 
aspect(s) of the subject matter of the proceeding as to which 
petitioner wishes to intervene. Any person who has filed a petition for 
leave to intervene or who has been admitted as a party may amend the 
petition without requesting leave of the board up to 15 days before the 
first prehearing conference scheduled in the proceeding, but such an 
amended petition must satisfy the specificity requirements described 
above.
    Not later than 15 days before the first prehearing conference 
scheduled in the proceeding, a petitioner shall file a supplement to 
the petition to intervene that must include a list of the contentions 
that the petitioner seeks to have litigated in the hearing. Each 
contention must consist of a specific statement of the issue of law or 
fact to be raised or controverted. In addition, the petitioner shall 
provide a brief explanation of the bases of each contention and a 
concise statement of the alleged facts or the expert opinion that 
supports the contention and on which the petitioner intends to rely in 
proving the contention at the hearing. The petitioner must also provide 
references to those specific sources and documents of which the 
petitioner is aware and on which the petitioner intends to rely to 
establish those facts or expert opinion. The petitioner must provide 
sufficient information to show that a genuine dispute exists with the 
applicant on a material issue of law or fact. Contentions shall be 
limited to matters within the scope of the action under consideration. 
The contention must be one that, if proven, would entitle the 
petitioner to relief. A petitioner who fails to file such a supplement 
that satisfies these requirements with respect to at least one 
contention will not be permitted to participate as a party.
    Those permitted to intervene become parties to the proceeding, 
subject to any limitations in the order granting leave to intervene, 
and have the opportunity to participate fully in the conduct of the 
hearing, including the opportunity to present evidence and cross-
examine witnesses.
    Requests for a hearing and petitions for leave to intervene must be 
filed with the Secretary of the Commission, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, Attention: Rulemakings and 
Adjudications Staff, or may be delivered to the Commission's PDR, 
located at One White Flint North, 11555 Rockville Pike (first floor), 
Rockville, Maryland, by the above date. Because of the continuing 
disruptions in delivery of mail to United States Government offices, it 
is requested that petitions for leave to intervene 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. A copy of the request for leave to intervene and 
request for hearing should also be sent to the Office of the General 
Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, 
and because of continuing disruptions in delivery of mail to United 
States Government offices, 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 Dr. Robert C. 
Mecredy, Vice President, Nuclear Operations, Rochester Gas and Electric 
Corporation, 89 East Avenue, Rochester, New York 14649.
    Nontimely filings of petitions for leave to intervene, amended 
petitions, supplemental petitions, and/or requests for a hearing will 
not be entertained absent a determination by the Commission, the 
presiding officer, or the Atomic Safety and Licensing Board that the 
petition and/or request should be granted based upon a balancing of the 
factors specified in 10 CFR 2.714(a)(1)(i)-(v) and 2.714(d).
    Detailed information about the license renewal process can be found 
on the Commission's Web page at http://www.nrc.gov. A copy of the 
application is available for public inspection at the Commission's 
Public Document Room, located at One White Flint North, 11555 Rockville 
Pike (first floor), Rockville, Maryland, or on the NRC Web site at 
http://www.nrc.gov/reactors/operating/licensing/renewal/applications/
ginna.html, Exit Disclaimer while the application is under review. The staff has 
verified that a copy of the license renewal application for the R.E. 
Ginna Nuclear Power Station is also available to local residents at the 
Rochester Public Library in Rochester, New York, and at the Ontario 
Public Library in Ontario, New York.

    Dated at Rockville, Maryland, this 13th day of September, 2002.

    For the Nucelar 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. 02-24712 Filed 9-27-02; 8:45 am]
BILLING CODE 7590-01-P

 
 

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