[Federal Register Volume 68, Number 237 (Wednesday, December 10, 2003)]
[Notices]
[Pages 68956-68958]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-30687]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-315 and 50-316]


Indiana Michigan Power Company, Donald C. Cook Nuclear Plant, 
Units 1 and 2; Notice of Acceptance for Docketing of the Application 
and Notice of Opportunity for Hearing Regarding Renewal of Facility 
Operating License Nos. DPR-58 and DPR-74 for an Additional 20-Year 
Period

    The U.S. Nuclear Regulatory Commission (NRC or the Commission) is 
considering an application for the renewal of Operating License Nos. 
DPR-58 and DPR-74, which authorize the Indiana Michigan Power Company 
to operate D. C. Cook Nuclear Plant, at 3304 megawatts thermal for Unit 
1 and at 3468 megawatts thermal for Unit 2, respectively. The renewed 
licenses would authorize the applicant to operate D. C. Cook Nuclear 
Plant, Units 1 and 2, for an additional 20-years beyond the period 
specified in the current licenses. The current operating licenses for 
D. C. Cook Nuclear Plant, Units 1 and 2, expire on October 25, 2014 and 
December 23, 2017, respectively.
    On November 3, 2003, the Commission's staff received an application 
from Indiana Michigan Power Company, filed pursuant to 10 CFR Part 54, 
to renew the Operating License Nos. DPR-58 and DPR-74 for D. C. Cook 
Nuclear Plant, Units 1 and 2, respectively. A Notice of Receipt and 
Availability of the license renewal application, ``Indiana Michigan 
Power Company, D. C. Cook Nuclear Plant, Units 1 and 2; Notice of 
Receipt and Availability of Application for Renewal of Facility 
Operating License Nos. DPR-58 and DPR-74 for an Additional 20-Year 
Period,'' was published in the Federal Register on November 10, 2003 
(68 FR 63824).
    The Commission's staff has determined that the Indiana Michigan 
Power Company 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 Nos. 50-

[[Page 68957]]

315 and 50-316 for Operating License Nos. DPR-58 and DPR-74, 
respectively, 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 NRC will 
have made the findings required by the Atomic Energy Act of 1954, as 
amended (the Act), and the Commission's rules and regulations. In 
accordance with 10 CFR 54.29, the NRC will issue a renewed license on 
the basis of its review if it finds that actions have been identified 
and have been or will be taken with respect to (1) managing the effects 
of aging during the period of extended operation on the functionality 
of structures and components that have been identified as requiring 
aging management review, and (2) time-limited aging analyses that have 
been identified as requiring review, such that there is reasonable 
assurance that the activities authorized by the renewed license will 
continue to be conducted in accordance with the current licensing basis 
(CLB), and that any changes made to the plant's CLB comply with the Act 
and the Commission's regulations.
    Additionally, in accordance with 10 CFR 51.95(c), the NRC will 
prepare an environmental impact statement that is a supplement to the 
Commission's NUREG-1437, ``Generic Environmental Impact Statement for 
License Renewal of Nuclear Power Plants,'' dated May 1996. Pursuant to 
10 CFR 51.26, and as part of the environmental scoping process, the 
staff intends to hold a public scoping meeting. Detailed information 
regarding this meeting will be included in a future Federal Register 
notice.
    As discussed further herein, in the event that a hearing is held, 
issues that may be litigating will be confined to those pertinent to 
the foregoing.
    Within 30 days from the date of publication of this Federal 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. Interested persons should consult a current copy of 10 CFR 
2.714, which is available at the Commission's Public Document Room 
(PDR), located at One White Flint North, 11555 Rockville Pike (first 
floor) Rockville, Maryland, and on the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. 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 (ASLB) designated by 
the Commission or by the Chairman of the ASLB Panel will rule on the 
request(s) and/or petition(s), and the Secretary or the designated ASLB 
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 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 2.714, 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 pre-hearing 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 pre-hearing 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 it may be delivered to the Commission's Public 
Document Room (PDR), located at One White Flint North, 11555 Rockville 
Pike (first floor), Rockville, Maryland, 20855-2738, 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 [email protected]. A copy of the request for 
hearing and the petition for leave to intervene should also be sent to 
the Office of the General Counsel, U. S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001. Again, 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 at 
301-415-3725 or by e-mail to [email protected]. A copy of the 
request for hearing and petition for leave to intervene should also be 
sent to Mr. Mano K. Nazar, Senior Vice President and Chief Nuclear 
Officer, Indiana Michigan Power Company, Nuclear Generation Group, One 
Cook Place, Bridgman, MI 49106.
    Non-timely filings of petitions for leave to intervene, amended 
petitions, supplemental petitions, and/or requests for a hearing will 
not be entertained

[[Page 68958]]

absent a determination by the Commission, the presiding officer, or the 
ASLB 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 
under the Nuclear Reactors icon on the NRC's Web page at http://www.nrc.gov/reactors/operating/licensing/renewal.html. A copy of the 
application to renew the operating licenses for D. C. Cook Nuclear 
Plant, Units 1 and 2, is available for public inspection at the 
Commission's PDR, located at One White Flint North, 11555 Rockville 
Pike (first floor), Rockville, Maryland, 20855-2738, and on the NRC's 
Web page at http://www.nrc.gov/reactors/operating/licensing/renewal/applications.html 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, and a 
copy of the application is also available electronically through the 
NRC's Public Electronic Reading Room on the Internet at http://www.nrc.gov/reading-rm/adams.html under ADAMS accession number 
ML033070179. 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 e-mail to [email protected].
    The staff has verified that the license renewal application has 
been provided to the Bridgman Public Library, 4460 Lake Street, 
Bridgman, Michigan and the Maud Preston Palenske Memorial Library, 500 
Market Street, St. Joseph, Michigan, which are near the D. C. Cook 
Nuclear Plant.

    Dated at Rockville, Maryland, this the 4th day of December, 
2003.

    For the Nuclear Regulatory Commission.
Pao-Tsin Kuo,
Program Director, License Renewal and Environmental Impacts, Division 
of Regulatory Improvement Programs, Office of Nuclear Reactor 
Regulation.
[FR Doc. 03-30687 Filed 12-9-03; 8:45 am]
BILLING CODE 7590-01-U