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[Federal Register Volume 72, Number 53 (Tuesday, March 20, 2007)]
[Notices]
[Pages 13139-13142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-5033]

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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-400]

Notice of Opportunity for Hearing, and Notice of Intent To 
Prepare an Environmental Impact Statement and Conduct the Scoping 
Process for Facility Operating License No. NPF-63 for an Additional 20-
Year Period Carolina Power & Light Company Shearon Harris Nuclear Power 
Plant, Unit 1

    The U.S. Nuclear Regulatory Commission (NRC or the Commission) is 
considering an application for the renewal of operating license NPF-63, 
which authorizes the Carolina Power & Light Company (CP&L), doing 
business as Progress Energy Carolinas, Inc., to operate the Shearon 
Harris Nuclear Power Plant, (HNP), Unit 1, at 2900 megawatts thermal. 
The renewed license would authorize the applicant to operate the HNP, 
Unit 1, for an additional 20 years beyond the period specified in the 
current license. HNP, Unit 1, is located in Wake County, North 
Carolina, and its current operating license expires on October 24, 
2026.
    On November 16, 2006, the Commission's staff received an 
application from CP&L to renew operating license NPF-63 for HNP, Unit 
1, pursuant to Title 10 of the Code of Federal Regulations, Part 54 (10 
CFR Part 54). A notice of receipt and availability of the license 
renewal application (LRA) was published in the Federal Register on 
December 11, 2006 (71 FR 71586). A notice of acceptance for docketing 
of the application for renewal of the facility operating license was 
published in the Federal Register on January 12, 2007, (72 FR 1562).
    The license renewal process proceeds along two tracks, one for 
review of safety issues (10 CFR Part 54) and another for environmental 
issues (10 CFR Part 51). An applicant must provide the NRC an 
evaluation that addresses the technical aspects of plant aging and 
describes the aging management programs and activities that will be 
relied on to manage aging. In addition, to support plant operation for 
the additional 20 years, the licensee must prepare an evaluation of the 
potential impact on the environment. The NRC reviews the application, 
documents its reviews in a safety evaluation report and supplemental 
environmental impact statement, and performs verification inspections 
at the applicant's facilities. If the NRC approves a renewed license, 
the licensee must continue to comply with all existing regulations and 
commitments associated with the current operating license as well as 
those additional activities required as a result of license renewal. 
The licensee's activities continue to be subject to NRC oversight in 
the period of extended operation.
    Before issuance of the 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 may issue a renewed license on the basis of 
its review if it finds that actions have been

[[Page 13140]]

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 
will comply with the Act and the Commission's regulations. In addition, 
the Commission must find that applicable requirements of Subpart A of 
10 CFR Part 51 have been satisfied, and that matters raised under 10 
CFR 2.335 have been addressed.
    Within 60 days after the date of publication of this Federal 
Register notice, any person whose interest may be affected by this 
proceeding and who desires to participate as a party in the proceeding 
must file a written request for a hearing or a petition for leave to 
intervene with respect to the renewal of the license. Interested 
parties must file requests for a hearing or a petition for leave to 
intervene in accordance with the Commission's ``Rules of Practice for 
Domestic Licensing Proceedings and Issuance of Orders'' described in 10 
CFR Part 2. Those interested should consult a current copy of 10 CFR 
2.309, which is available at the Commission's Public Document Room 
(PDR), located at One White Flint North, 11555 Rockville Pike, 
Rockville, Maryland 20852 and is accessible through the Internet at 
http://www.nrc.gov/reading-rm/doc-collections/cfr/part002/part002-0309.html. Persons who do not have access to the Internet or who 
encounter problems in accessing the documents should contact the NRC's 
PDR Reference staff by telephone at 1-800-397-4209, or 301-415-4737, or 
via e-mail at [email protected]. If a request for a hearing or a petition for 
leave to intervene is filed within the 60-day period, the Commission or 
a presiding officer designated by the Commission or by the Chief 
Administrative Judge of the Atomic Safety and Licensing Board Panel 
will rule on the request and/or petition, and the Secretary or the 
Chief Administrative Judge of the Atomic Safety and Licensing Board 
will issue a notice of a hearing or an appropriate order. If no request 
for a hearing or petition for leave to intervene is filed within the 
60-day period, the NRC may, upon completion of its evaluations and upon 
making the findings required under 10 CFR Parts 51 and 54, renew the 
license without further notice.
    As required by 10 CFR 2.309, 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: (1) The requester/petitioner's 
right under the Act to be made a party to the proceeding; (2) the 
nature and extent of the requester/petitioner's property, financial, or 
other interest in the proceeding; and (3) the possible effect of any 
decision or order which may be entered in the proceeding on the 
requester/petitioner's interest. The petition must also set forth the 
specific contentions that the petitioner/requester seeks to have 
litigated at the proceeding.
    Each contention must consist of a specific statement of the issue 
of law or fact to be raised or controverted. In addition, the 
requester/petitioner shall briefly explain the bases of each contention 
and concisely state the alleged facts or the expert opinion that 
supports the contention on which the requester/petitioner intends to 
rely in proving the contention at the hearing. The requester/petitioner 
must also provide references to those specific sources and documents of 
which the requester/petitioner is aware and on which the requester/
petitioner intends to rely to establish those facts or expert opinion. 
The requester/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 requester/petitioner to relief. A requester/
petitioner who fails to satisfy these requirements with respect to at 
least one contention will not be permitted to participate as a party.
    The Commission requests that each contention be given a separate 
numeric or alpha designation within one of the following groups: (1) 
Technical (primarily related to safety concerns), (2) environmental, or 
(3) miscellaneous.
    As specified in 10 CFR 2.309, if two or more requesters/petitioners 
seek to co-sponsor a contention or propose substantially the same 
contention, the requesters/petitioners must jointly designate a 
representative who shall have the authority to act for the requesters/
petitioners with respect to that contention.
    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. A request for a hearing or a petition for leave to intervene 
must be filed by either: (1) First class mail addressed to the Office 
of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, Attention: Rulemaking and Adjudications 
Staff; (2) courier, express mail, and expedited delivery services to 
the Office of the Secretary, Sixteenth Floor, One White Flint North, 
11555 Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking 
and Adjudications Staff; (3) e-mail addressed to the Office of the 
Secretary, U.S. Nuclear Regulatory Commission, [email protected]; 
or (4) facsimile transmission addressed to the Office of the Secretary, 
U.S. Nuclear Regulatory Commission, Washington, DC, Attention: 
Rulemaking and Adjudications Staff at 301-415-1101 (verification number 
is 301-415-1966).\1\ Requesters/petitioners must send a copy of the 
request for hearing and petition for leave to intervene to the Office 
of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001; copies should be transmitted either by facsimile to 301-
415-3725 or via e-mail to [email protected]. Requesters/petitioners 
must also send a copy of the request for hearing and petition for leave 
to intervene to the attorney for the licensee, Mr. John H. O'Neil, Jr., 
Pillsbury Winthrop Shaw Pittman, 2300 N Street, NW., Washington, DC 
20037.
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    \1\ If the request/petition is filed by e-mail or facsimile, an 
original and two copies of the document must be mailed within 2 
(two) business days thereafter to the Secretary, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001; Attention: 
Rulemaking and Adjudications Staff.
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    Untimely requests and/or petitions and contentions will not be 
entertained absent a determination by the Commission, the presiding 
officer, or the Atomic Safety and Licensing Board that the petition, 
request and/or contentions should be granted based on a balancing of 
the factors specified in 10 CFR 2.309(c)(1)(i) through (viii).
    In addition, this notice informs the public that the NRC will be 
preparing an environmental impact statement (EIS) related to the review 
of the LRA and provides the public an opportunity to participate in the 
environmental scoping process, as defined in 10 CFR 51.29. In 
accordance with 10 CFR

[[Page 13141]]

51.95(c), the NRC will prepare an EIS that will be used as a supplement 
to the Commission's NUREG-1437, ``Generic Environmental Impact 
Statement for License Renewal of Nuclear Plants'' (GEIS), dated May 
1996. Pursuant to 10 CFR 51.26, and as part of the environmental 
scoping process, the NRC staff intends to hold a public scoping 
meeting. In addition, as outlined in 36 CFR 800.8(c), ``Coordination 
with the National Environmental Policy Act,'' the NRC plans to 
coordinate compliance with Section 106 of the National Historic 
Preservation Act in meeting the requirements of the National 
Environmental Policy Act of 1969 (NEPA).
    In accordance with 10 CFR 51.53(c) and 10 CFR 54.23, CP&L prepared 
and submitted the environmental report (ER) as part of the LRA. The LRA 
and the ER are publicly available at the NRC's PDR, located at One 
White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852, or 
from ADAMS. The ADAMS Accession Numbers for the LRA and the ER are 
ML063350270 and ML063350276, respectively. The public may also view the 
LRA and the ER on the Internet at http://www.nrc.gov/reactors/operating/licensing/renewal/applications.html. In addition, the LRA and 
the ER are available to the public near HNP, Unit 1, at the Eva. H. 
Perry Library, 2100 Shepherd's Vineyard Drive, Apex, North Carolina 
27502.
    Alternatives to the proposed action include no action and 
reasonable alternative energy sources. The NRC is required by 10 CFR 
51.95(c) to prepare a supplement to the GEIS in connection with the 
renewal of an operating license. This notice is being published in 
accordance with 10 CFR 51.26.
    The NRC staff will first conduct a scoping process for the 
supplement to the GEIS and, as soon as practicable thereafter, will 
prepare a draft supplement to the GEIS for public comment. 
Participation in the scoping process by members of the public and 
local, State, tribal, and Federal Government agencies is encouraged. As 
described in 10 CFR 51.29, the NRC staff will use the scoping process 
for the supplement to the GEIS to accomplish the following:
    a. Define the proposed action which is to be the subject of the 
supplement to the GEIS.
    b. Determine the scope of the supplement to the GEIS and identify 
the significant issues to be analyzed in depth.
    c. Identify and eliminate from detailed study those issues that are 
peripheral or insignificant.
    d. Identify any environmental assessments and other ElSs that are 
being or will be prepared that are related to, but are not part of, the 
scope of the supplement to this GEIS.
    e. Identify other environmental review and consultation 
requirements related to the proposed action.
    f. Indicate the relationship between the timing of the preparation 
of the environmental analyses and the Commission's tentative planning 
and decision-making schedule.
    g. Identify any cooperating agencies and, as appropriate, allocate 
assignments for preparation and schedules for completing the supplement 
to the GEIS to the NRC and any cooperating agencies.
    h. Describe how the NRC will prepare the supplement to the GEIS and 
any contractor assistance to be used.
    The NRC invites the following entities to participate in scoping:
    a. The applicant, CP&L.
    b. Any Federal agency that has jurisdiction by law or special 
expertise with respect to any environmental impact involved, or that is 
authorized to develop and enforce relevant environmental standards.
    c. Affected State and local government agencies, including those 
authorized to develop and enforce relevant environmental standards.
    d. Any affected Indian tribe.
    e. Any person who requests or has requested an opportunity to 
participate in the scoping process.
    f. Any person who has petitioned or intends to petition for leave 
to intervene.
    In accordance with 10 CFR 51.26, the scoping process for an EIS may 
include a public scoping meeting to help identify significant issues 
related to a proposed activity and to determine the scope of issues to 
be addressed in an EIS. The NRC will hold public meetings for the HNP, 
Unit 1, license renewal supplement to the GEIS, at the New Horizons 
Fellowship, 820 East Williams St., Apex, North Carolina 27502 on 
Wednesday, April 18, 2007. There will be two identical meetings to 
accommodate interested parties. The first meeting will convene at 1:30 
p.m. and will continue until 4:30 p.m., as necessary. The second 
meeting will convene at 7 p.m. and will continue until 10 p.m., as 
necessary. Both meetings will be transcribed and will include: (1) An 
overview by the NRC staff of the NRC's license renewal review process; 
(2) an overview by the NRC staff of the NEPA environmental review 
process, the proposed scope of the supplement to the GEIS, and the 
proposed review schedule; and (3) the opportunity for interested 
government agencies, organizations, and individuals to submit comments 
or suggestions on the environmental issues or the proposed scope of the 
supplement to the GEIS. Additionally, the NRC staff will host informal 
discussions 1 hour before the start of each session at the same 
location. The staff will not accept formal comments on the proposed 
scope of the supplement to the GEIS during these informal discussions. 
For comments to be considered, persons must provide them either at the 
transcribed public meetings or in writing, as discussed below.
    For more information about the proposed action, the scoping 
process, and the EIS, interested persons should contact the NRC 
Environmental Project Manager, Mr. Samuel Hernandez, at Mail Stop O-
11F1, U.S. Nuclear Regulatory Commission, 11555 Rockville Pike, 
Rockville, Maryland 20852; by telephone at 1-800-368-5642, extension 
4049; or via e-mail at [email protected]. Persons may register to attend or 
present oral comments at the meetings on the scope of the NEPA review 
by contacting Mr. Hernandez. Members of the public may also register to 
speak at the meeting within 15 minutes of the start of each meeting. 
Individual oral comments may be limited by the time available, 
depending on the number of persons who register. Members of the public 
who have not registered may also have an opportunity to speak, if time 
permits. The NRC will consider public comments in the scoping process 
for the supplement to the GEIS. If members of the public need special 
equipment or accommodations to attend or present information at the 
public meeting, they should contact Mr. Hernandez no later than April 
11, 2007, so that the NRC staff can determine if it can accommodate the 
request.
    Members of the public may send written comments on the 
environmental scope of the HNP, Unit 1, license renewal review to: 
Chief, Rules and Directives Branch, Division of Administrative 
Services, Office of Administration, Mail Stop T-6D59, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, and should cite the 
publication date and page number of this Federal Register notice. The 
public may also deliver comments to the U.S. Nuclear Regulatory 
Commission, Mail Stop T-6D59, Two White Flint North, 11545 Rockville 
Pike, Rockville, Maryland 20852, from 7:30 a.m. to 4:15 p.m. during 
Federal workdays. To be considered in the scoping process, written 
comments should be postmarked within 60 days after the

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date of publication of this Federal Register Notice. Electronic 
comments may be sent by e-mail to the NRC at [email protected], 
and should be sent no later than 60 days after the date of publication 
of this Federal Register Notice, to be considered in the scoping 
process. Comments will be available electronically and accessible 
through ADAMS.
    Participation in the scoping process for the supplement to the GEIS 
does not entitle participants to become parties to the proceeding to 
which the supplement to the GEIS relates. Matters related to 
participation in any hearing are outside the scope of matters to be 
discussed at this public meeting.
    At the conclusion of the scoping process, the NRC will prepare a 
concise summary of the determination and conclusions reached, including 
the significant issues identified, and will send a copy of the summary 
to each participant in the scoping process. The public may also view 
the summary in ADAMS. The staff will then prepare and issue for comment 
the draft supplement to the GEIS, which will be the subject of separate 
notices and separate public meetings. Copies will be available for 
public viewing at the above-mentioned addresses, and one copy per 
request will be provided free of charge, to the extent of supply. After 
receipt and consideration of the comments, the NRC will prepare a final 
supplement to the GEIS, which will also be available for public 
viewing.
    Information about the supplement to the GEIS, and the scoping 
process may be obtained from Mr. Hernandez at the telephone number or 
e-mail address given previously.

    Dated at Rockville, Maryland, this 14th day of March, 2007.

    For the Nuclear Regulatory Commission.
Pao-Tsin Kuo,
Director, Division of License Renewal, Office of Nuclear Reactor 
Regulation.
[FR Doc. E7-5033 Filed 3-19-07; 8:45 am]
BILLING CODE 7590-01-P
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