[Federal Register Volume 68, Number 143 (Friday, July 25, 2003)]
[Notices]
[Pages 44107-44108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18963]
[[Page 44107]]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-413, 50-414, 50-369 and 50-370]
Duke Energy Corporation, et al., Catawba Nuclear Station, Units 1
and 2; McGuire Nuclear Station, Units 1 and 2; Notice of Consideration
of Issuance of Amendment to Facility Operating License and Opportunity
for a Hearing
The U.S. Nuclear Regulatory Commission (the Commission) is
considering issuance of an amendment to Facility Operating License Nos.
NPF-9 and NPF-17, issued to Duke Power Company (the licensee), for
operation of the McGuire Nuclear Station, Unit Nos. 1 and 2 (McGuire),
located in Mecklenburg County, North Carolina and to Facility Operating
License Nos. NPF-35 and NPF-52, issued to Duke Power Company, et al.
(the licensee), for operation of the Catawba Nuclear Station (CNS),
Units 1 and 2, located in York County, South Carolina.
The proposed amendments, requested by the licensee in a letter
dated February 27, 2003, would revise the Technical Specifications
(TSs) to allow the use of four mixed oxide (MOX) lead assemblies at
either the Catawba Nuclear Station or the McGuire Nuclear Station. The
licensee has proposed changes to two sections of the TSs that address
the storage of MOX fuel assemblies in the spent fuel storage racks:
Section 3.7.15, ``Spent Fuel Assembly Storage'' and Section 4.3, ``Fuel
Storage.'' The licensee has also proposed changes to TS Section 4.2,
``Reactor Core,'' to reflect the use of MOX fuel in addition to the
currently specified slightly enriched uranium dioxide fuel and to
reflect the use of fuel rods clad with an M5TM zirconium
alloy that has a different material specification than the materials
currently referenced in the TS. Associated changes are proposed for TS
Section 5.6.5, ``Core Operating Limits Report (COLR),'' to add several
more methodologies that will be used to develop the limits that will be
included in the COLR. Associated changes have also been proposed for
the TS Bases section.
Before issuance of the proposed license amendments, the Commission
will have made findings required by the Atomic Energy Act of 1954, as
amended (the Act) and the Commission's regulations.
By August 25, 2003, the licensee may file a request for a hearing
with respect to issuance of the amendment to the subject facility
operating license 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. 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 2.714, which is
available at the Commission's Public Document Room, located at One
White Flint North, 11555 Rockville Pike (first floor), Rockville,
Maryland, or electronically on the Internet at the NRC Web site http://www.nrc.gov/NRC/CFR/index.html. If there are problems in accessing the
document, contact the Public Document Room Reference staff at 1-800-
397-4209, 301-415-4737, or by e-mail to [email protected]. If a request for a
hearing or 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 Atomic Safety and Licensing
Board Panel, will rule on the request and/or petition; and the
Secretary or the designated Atomic Safety and Licensing Board will
issue a notice of hearing or an appropriate order.
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. The petition should 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 which may be
entered in the proceeding on the petitioner's interest. The petition
should 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 prior to 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 prior to the first prehearing conference
scheduled in the proceeding, a petitioner shall file a supplement to
the petition to intervene which must include a list of the contentions
which are sought to be litigated in the matter. 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 the contention and a concise
statement of the alleged facts or expert opinion which support 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. 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 amendment under consideration. The contention must be
one which, if proven, would entitle the petitioner to relief. A
petitioner who fails to file such a supplement which 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.
A request for a hearing and petition 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 Public
Document Room, located at One White Flint North, 11555 Rockville Pike
(first floor), Rockville, Maryland, by the above date. A copy of the
petition should also be sent to the Office of the General Counsel, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001, and to Ms.
Lisa F. Vaughn, Legal Department (ECIIX), Duke Energy Corporation, 422
South Church Street, Charlotte, North Carolina 28201-1006, attorney for
the licensee.
Nontimely filings of petitions for leave to intervene, amended
petitions, supplemental petitions and/or requests for hearing will not
be entertained absent a determination by the Commission, the presiding
officer or the presiding 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)(l)-(v) and 2.714(d).
[[Page 44108]]
If a request for a hearing is received, the Commission's staff may
issue the amendment after it completes its technical review and prior
to the completion of any required hearing if it publishes a further
notice for public comment of its proposed finding of no significant
hazards consideration in accordance with 10 CFR 50.91 and 50.92. For
further details with respect to the proposed action, see the licensee's
application dated February 27, 2003. Documents may be examined, and/or
copied for a fee, at the NRC's Public Document room, located at One
White Flint North, 11555 Rockville Pike (first floor), Rockville,
Maryland. Publicly available records will be accessible electronically
from the Agencywide Documents Access and Management Systems (ADAMS)
Public Electronic Reading Room on the Internet at the NRC web site,
http://www.nrc.gov. If you do not have access to ADAMS or if there are
problems in accessing the documents located in ADAMS, contact the NRC
Public Document Room (PDR) Reference staff at 1-800-397-4209, 301-415-
4737 or by email to [email protected].
Dated at Rockville, Maryland, this 21st day of July, 2003.
For the Nuclear Regulatory Commission.
Robert E. Martin, Sr.,
Project Manager, Section 1, Project Directorate II, Division of
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 03-18963 Filed 7-24-03; 8:45 am]
BILLING CODE 7590-01-P