[Federal Register Volume 88, Number 188 (Friday, September 29, 2023)]
[Notices]
[Pages 67373-67375]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21448]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-440; NRC-2023-0136]


Energy Harbor Corp.; Energy Harbor Generation LLC; Energy Harbor 
Nuclear Corp.; Perry Nuclear Power Plant, Unit 1

AGENCY: Nuclear Regulatory Commission.

ACTION: License renewal application; acceptance for docketing; 
opportunity to request a hearing and to petition for leave to 
intervene.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering an 
application for the renewal of Facility Operating License No. NPF-58, 
which authorizes Energy Harbor Nuclear Corp. (Energy Harbor, the 
applicant), doing business as Energy Harbor Nuclear Generation LLC, to 
operate Perry Nuclear Power Plant (PNPP), Unit 1. The renewed license 
would authorize the applicant to operate PNPP for an additional 20 
years beyond the period specified in the current license. The current 
operating license for PNPP expires on November 7, 2026.

DATES: A request for a hearing or petition for leave to intervene must 
be filed by November 28, 2023.

ADDRESSES: Please refer to Docket ID NRC-2023-0136 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly available information related to this document 
using any of the following methods:
    <bullet> Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2023-0136. Address 
questions about Docket IDs in Regulations.gov to Stacy Schumann; 
telephone: 301-415-0624; email: <a href="/cdn-cgi/l/email-protection#edbe998c8e94c3be8e8598808c8383ad839f8ec38a829b"><span class="__cf_email__" data-cfemail="7f2c0b1e1c06512c1c170a121e11113f110d1c51181009">[email protected]</span></a>. For technical 
questions, contact the individual listed

[[Page 67374]]

in the For Further Information Contact section of this document.
    <bullet> NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS 
Search.'' For problems with ADAMS, please contact the NRC's Public 
Document Room (PDR) reference staff at 1-800-397-4209, at 301-415-4737, 
or by email to <a href="/cdn-cgi/l/email-protection#441400166a1621372b31362721042a36276a232b32"><span class="__cf_email__" data-cfemail="0a5a4e5824586f79657f78696f4a647869246d657c">[email protected]</span></a>. The ADAMS accession number for 
each document referenced (if it is available in ADAMS) is provided the 
first time that it is mentioned in this document.
    <bullet> Public Library: A copy of the license renewal application 
for PNPP will be available at the following public library: Perry 
Public Library, 3753 Main St, Perry, OH 44081.
    <bullet> NRC's PDR: The PDR, where you may examine and order copies 
of publicly available documents, is open by appointment. To make an 
appointment to visit the PDR, please send an email to 
<a href="/cdn-cgi/l/email-protection#316175631f6354425e44435254715f43521f565e47"><span class="__cf_email__" data-cfemail="e3b3a7b1cdb186908c96918086a38d9180cd848c95">[email protected]</span></a> or call 1-800-397-4209 or 301-415-4737, between 8 
a.m. and 4 p.m. eastern time (ET), Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Vaughn Thomas, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-5897; email: <a href="/cdn-cgi/l/email-protection#7b2d1a0e1c1315552f1314161a083b150918551c140d"><span class="__cf_email__" data-cfemail="35635440525d5b1b615d5a585446755b47561b525a43">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

I. Introduction

    The NRC received a license renewal application (LRA) from Energy 
Harbor, dated July 3, 2022 (ADAMS Accession No. ML23184A081), filed 
pursuant to Section 103 of the Atomic Energy Act of 1954, as amended 
(the Act), and part 54 of title 10 of the Code of Federal Regulations 
(10 CFR), ``Requirements for Renewal of Operating Licenses for Nuclear 
Power Plants,'' to renew the PNPP operating license for an additional 
period of 20 years. The PNPP Unit 1 is a Boiling Water Reactor licensed 
to operate at 3,758 megawatts thermal, and is located in Perry, Ohio. A 
notice of receipt of the LRA was published in the Federal Register on 
August 9, 2023 (88 FR 53933).
    The NRC staff has determined that Energy Harbor 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 that the application is, therefore, acceptable 
for docketing. The current Docket No. 50-440 for Facility Operating 
License No. NPF-58 will be retained. The determination to accept the 
LRA for docketing does not constitute a determination that a renewed 
operating 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 Act and the Commission's rules and 
regulations. In accordance with 10 CFR 54.29, 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 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 licenses 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 as a supplement to the 
Commission's NUREG-1437, ``Generic Environmental Impact Statement for 
License Renewal of Nuclear Power Plants,'' dated June 2013 (ADAMS 
Accession No. ML13106A241). In considering the LRA, the Commission must 
find that the applicable requirements of subpart A of 10 CFR part 51 
have been satisfied, and that any matters raised under 10 CFR 2.335 
have been addressed. 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 the environmental scoping 
meetings will be the subject of a separate Federal Register notice.

II. Opportunity To Request a Hearing and Petition for Leave To 
Intervene

    Within 60 days after the date of publication of this notice, any 
person (petitioner) whose interest may be affected by this action may 
file a request for a hearing and petition for leave to intervene 
(petition) with respect to the action. Petitions shall be filed in 
accordance with the Commission's ``Agency Rules of Practice and 
Procedure'' in 10 CFR part 2. Interested persons should consult a 
current copy of 10 CFR 2.309. If a petition is filed, the presiding 
officer will rule on the petition and, if appropriate, a notice of a 
hearing will be issued.
    Petitions must be filed no later than 60 days from the date of 
publication of this notice in accordance with the filing instructions 
in the ``Electronic Submissions (E-Filing)'' section of this document. 
Petitions and motions for leave to file new or amended contentions that 
are filed after the deadline will not be entertained absent a 
determination by the presiding officer that the filing demonstrates 
good cause by satisfying the three factors in 10 CFR 2.309(c)(1)(i) 
through (iii).
    A State, local governmental body, Federally recognized Indian 
Tribe, or designated agency thereof, may submit a petition to the 
Commission to participate as a party under 10 CFR 2.309(h) no later 
than 60 days from the date of publication of this notice. 
Alternatively, a State, local governmental body, Federally recognized 
Indian Tribe, or agency thereof may participate as a non-party under 10 
CFR 2.315(c).
    For information about filing a petition and about participation by 
a person not a party under 10 CFR 2.315, see ADAMS Accession No. 
ML20340A053 (https://adamswebsearch2.nrc.gov/webSearch2/main.jsp?AccessionNumber=ML20340A053) and the NRC's public website at 
https://www.nrc.gov/about-nrc/regulatory/adjudicatory/hearing.html#participate.

III. Electronic Submissions (E-Filing)

    All documents filed in NRC adjudicatory proceedings including 
documents filed by an interested State, local governmental body, 
Federally recognized Indian Tribe, or designated agency thereof that 
request to participate under 10 CFR 2.315(c), must be filed in 
accordance with 10 CFR 2.302. 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, 
unless an exemption permitting an alternative filing method, as further 
discussed, is granted. Detailed guidance on electronic submissions is 
located in the ``Guidance for Electronic Submissions to the NRC'' 
(ADAMS Accession No. ML13031A056) and on the NRC's public website at 
https://www.nrc.gov/site-help/e-submittals.html.
    To comply with the procedural requirements of E-Filing, at least 10 
days prior to the filing deadline, the participant should contact the 
Office of the Secretary by email at

[[Page 67375]]

<a href="/cdn-cgi/l/email-protection#efa78a8e9d868188c1ab808c848a9baf819d8cc1888099"><span class="__cf_email__" data-cfemail="357d5054475c5b521b715a565e5041755b47561b525a43">[email protected]</span></a>, or by telephone at 301-415-1677, to (1) request 
a digital identification (ID) certificate, which allows the participant 
(or its counsel or representative) to digitally sign submissions and 
access the E-Filing system for any proceeding in which it is 
participating; and (2) advise the Secretary that the participant will 
be submitting a petition or other adjudicatory document (even in 
instances in which the participant, or its counsel or representative, 
already holds an NRC-issued digital ID certificate). Based upon this 
information, the Secretary will establish an electronic docket for the 
proceeding if the Secretary has not already established an electronic 
docket.
    Information about applying for a digital ID certificate is 
available on the NRC's public website at https://www.nrc.gov/site-help/e-submittals/getting-started.html. After a digital ID certificate is 
obtained and a docket is created, the participant must submit 
adjudicatory documents in Portable Document Format. Guidance on 
submissions is available on the NRC's public website at https://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is 
considered complete at the time the document is submitted through the 
NRC's E-Filing system. To be timely, an electronic filing must be 
submitted to the E-Filing system no later than 11:59 p.m. ET on the due 
date. Upon receipt of a transmission, the E-Filing system time-stamps 
the document and sends the submitter an email confirming receipt of the 
document. The E-Filing system also distributes an email that provides 
access to the document to the NRC's 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 
document on those participants separately. Therefore, applicants and 
other participants (or their counsel or representative) must apply for 
and receive a digital ID certificate before adjudicatory documents are 
filed to obtain access to the documents via the E-Filing system.
    A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic 
Filing Help Desk through the ``Contact Us'' link located on the NRC's 
public website at https://www.nrc.gov/site-help/e-submittals.html, by 
email to <a href="/cdn-cgi/l/email-protection#3578667d711b6750465a40475650755b47561b525a43"><span class="__cf_email__" data-cfemail="602d3328244e3205130f15120305200e12034e070f16">[email protected]</span></a>, or by a toll-free call at 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9:00 
a.m. and 6:00 p.m., ET, Monday through Friday, except Federal holidays.
    Participants who believe that they have 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 
stating why there is good cause for not filing electronically and 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted in accordance with 10 CFR 
2.302(b)-(d). Participants filing adjudicatory documents in this manner 
are responsible for serving their documents on all other participants. 
Participants granted an exemption under 10 CFR 2.302(g)(2) must still 
meet the electronic formatting requirement in 10 CFR 2.302(g)(1), 
unless the participant also seeks and is granted an exemption from 10 
CFR 2.302(g)(1).
    Documents submitted in adjudicatory proceedings will appear in the 
NRC's electronic hearing docket, which is publicly available at https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the 
presiding officer. If you do not have an NRC-issued digital ID 
certificate as previously described, click ``cancel'' when the link 
requests certificates and you will be automatically directed to the 
NRC's electronic hearing dockets where you will be able to access any 
publicly available documents in a particular hearing docket. 
Participants are requested not to include personal privacy information 
such as social security numbers, home addresses, or personal 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 
should not include copyrighted materials in their submission.
    Information about the license renewal process can be found under 
the Reactor License Renewal section on the NRC's public website at 
https://www.nrc.gov/reactors/operating/licensing/renewal.html. Copies 
of the application to renew the operating licenses for CPNPP are 
available for public inspection at the NRC's PDR, and on the NRC's 
public website at https://www.nrc.gov/reactors/operating/licensing/renewal/applications.html. The application may be accessed in ADAMS 
through the NRC Library on the internet at https://www.nrc.gov/reading-rm/adams.html under ADAMS Accession No. ML23184A081. As previously 
stated, persons who do not have access to ADAMS or who encounter 
problems in accessing the documents located in ADAMS may contact the 
NRC's PDR reference staff by telephone at 1-800-397-4209 or 301-415-
4737, or by email to <a href="/cdn-cgi/l/email-protection#257561770b7740564a5057464056654b57460b424a53"><span class="__cf_email__" data-cfemail="a5f5e1f78bf7c0d6cad0d7c6c0d6e5cbd7c68bc2cad3">[email protected]</span></a>.

    Dated: September 26, 2023.

    For the Nuclear Regulatory Commission.
Lauren K. Gibson,
Chief, License Renewal Project Branch, Division of New and Renewed 
Licenses, Office of Nuclear Reactor Regulation.
[FR Doc. 2023-21448 Filed 9-28-23; 8:45 am]
BILLING CODE 7590-01-P


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