[Federal Register Volume 68, Number 42 (Tuesday, March 4, 2003)]
[Notices]
[Pages 10273-10275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-5025]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-237, 50-249, 50-254, and 50-265]


Exelon Generation Company, LLC, Dresden Nuclear Power Station, 
Units 2 and 3, Quad Cities Nuclear Power Station, Units 1 and 2; Notice 
of Acceptance for Docketing of Application and Notice of Opportunity 
for a Hearing Regarding Renewal of Facility Operating License Nos. DPR-
19, DPR-25, DPR-29, and DPR-30 for an Additional 20-Year Period

    The U.S. Nuclear Regulatory Commission (NRC or Commission) is 
considering an application for the renewal of Operating License Nos. 
DPR-19, DPR-25, DPR-29, and DPR-30 for the Dresden Nuclear Power 
Station, Units 2 and 3, and the Quad Cities Nuclear Power Station, 
Units 1 and 2, respectively. Renewal of the licenses would authorize 
the applicant to operate each of the facilities for an additional 20 
years beyond the period specified in the current operating licenses 
period. The current operating licenses for the Dresden Nuclear Power 
Station, Units 2 and 3, expire on December 22, 2009, and January 12, 
2011, respectively. Both of the current operating licenses for the Quad 
Cities Nuclear Power Station, Units 1 and 2, expire on December 14, 
2012.
    On January 3, 2003, the Commission received an application from the 
Exelon Generation Company, LLC, filed pursuant to section 104b of the 
Atomic Energy Act of 1954, as amended, and 10 CFR part 54, to renew 
Operating License Nos. DPR-19, DPR-25, DPR-29, and DPR-30 for the 
Dresden Nuclear Power Station, Units 2 and 3, and the Quad Cities 
Nuclear Power Station, Units 1 and 2, respectively. A notice of receipt 
of application, ``Exelon Generation Company, LLC; Dresden Nuclear Power 
Station, Units 2 and 3; Quad Cities Nuclear Power Station, Units 1 and 
2; notice of receipt of application for renewal of Facility Operating 
License Nos. DPR-19, DPR-25, DPR-29, and DPR-30 for an additional 20-
year period,'' was published in the Federal Register on January 30, 
2003 (68 FR 4800).
    The Commission's staff (the staff) has determined that the Exelon 
Generation Company 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 Nos. 50-237, 50-249, 50-
254, and 50-265 for Operating License Nos. DPR-19, DPR-25, DPR-29, and 
DPR-30, 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 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 public scoping meetings. Detailed information regarding these 
meetings 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,

[[Page 10274]]

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 (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 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 specific 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 
[email protected]. 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 [email protected]. A copy of the request for hearing and 
petition for leave to intervene should also be sent to Mr. John L. 
Skolds, President and Chief Nuclear Officer, Exelon Generation Company, 
LLC, 4300 Winfield Road, Warrenville, IL 60555.
    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 PDR, 
located at One White Flint North, 11555 Rockville Pike (first floor), 
Rockville, Maryland, or electronically from the Publicly Available 
Records (PARS) component of the NRC's Agencywide Documents Access and 
Management System (ADAMS) under accession number ML030090359. The ADAMS 
Public Electronic Reading Room is accessible from the NRC Web site at 
http://www.nrc.gov/reading-rm/adams.html. In addition, the application 
is available on the NRC Web page at http://www.nrc.gov/reactors/operating/licensing/renewal/applications.html, while the application is 
under review. The staff has verified that a copy of the license renewal 
application is also available to local residents near the Dresden 
Nuclear Power Station at the Morris Public Library in Morris, Illinois, 
and at the Coal City Public Library in Coal City, Illinois. For local 
residents near the Quad Cities Nuclear Power Station, the license 
renewal application is available at the River Valley District Library 
in Port Byron, Illinois, the

[[Page 10275]]

Cordova District Library in Cordova, Illinois, and at the Davenport 
Public Library in Davenport, Iowa.

    Dated in Rockville, Maryland, this 26th day of February, 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. 03-5025 Filed 3-3-03; 8:45 am]
BILLING CODE 7590-01-P