[Federal Register Volume 77, Number 37 (Friday, February 24, 2012)]
[Notices]
[Pages 11173-11175]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4309]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-483; NRC-2012-0001]


Renewal of Facility Operating License No. NPF-30, Union Electric 
Company, Callaway Plant, Unit 1

AGENCY: Nuclear Regulatory Commission.

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

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC or the Commission) 
is considering an application for the renewal of an operating license, 
which authorizes Union Electric Company to operate the Callaway Plant, 
Unit 1 (Callaway), at 3565 megawatts thermal. The renewed license would 
authorize the applicant to operate Callaway for an additional 20 years 
beyond the period specified in the current license. Callaway is located 
in Callaway County, Missouri and its current operating license expires 
on October 18, 2024.

DATES: Requests for a hearing or petitions for leave to intervene must 
be filed by 60 days from date of publication.

ADDRESSES: Please refer to Docket ID NRC-2012-0001 when contacting the 
NRC about the availability of information regarding this document. You 
may access information related to this document, which the NRC 
possesses and is publicly-available, using the following methods:
    <bullet> Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2012-0001. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-492-
3668; email: <a href="/cdn-cgi/l/email-protection#5e1d3f2c313270193f32323f39363b2c1e302c3d70393128"><span class="__cf_email__" data-cfemail="7a391b081516543d1b16161b1d121f083a140819541d150c">[email protected]</span></a>.
    <bullet> NRC's Agencywide Documents Access and Management System 
(ADAMS): You may access publicly-available documents online in the NRC 
Library at http://www.nrc.gov/reading-rm/adams.html. To begin the 
search, select ``ADAMS Public Documents'' and then 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, 301-415-
4737, or by email to <a href="/cdn-cgi/l/email-protection#b4c4d0c69ac6d1c7dbc1c6d7d1f4dac6d79ad3dbc2"><span class="__cf_email__" data-cfemail="4b3b2f3965392e38243e39282e0b253928652c243d">[email protected]</span></a>. The application may be 
accessed in ADAMS under ADAMS Accession No. ML113530372.
    <bullet> NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

SUPPLEMENTARY INFORMATION:

I. Discussion

    Union Electric Company submitted the application dated December 15, 
2011, pursuant to Title 10 of the Code of Federal Regulations (10 CFR) 
part 54, to renew operating license NPF-30. A notice of receipt and 
availability of the license renewal application (LRA) was published in 
the Federal Register on January 3, 2012 (77 FRN 142).
    The Commission's staff has determined that Union Electric Company 
has submitted sufficient information in accordance with 10 CFR 54.19, 
54.21, 54.22, 54.23, 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 Number, 50-483, for 
operating license NPF-30 will be retained. The determination to accept 
the LRA for docketing does not constitute a determination that a 
renewed license should be issued, and does not preclude the NRC staff 
from requesting additional information as the review proceeds.

[[Page 11174]]

    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 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.
    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. 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 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 a public scoping meeting. Detailed information 
regarding the environmental scoping meeting will be the subject of a 
separate Federal Register notice.

II. Opportunity for Hearing and Petition for Leave To Intervene

    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 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 license. Requests for a 
hearing or petitions for leave to intervene must be filed in accordance 
with the Commission's ``Rules of Practice for Domestic Licensing 
Proceedings and Issuance of Orders'' in 10 CFR Part 2. Interested 
persons should consult 10 CFR 2.309, which is available at the NRC's 
PDR, located at Room O1-F21, One White Flint North, 11555 Rockville 
Pike, Rockville, MD 20852 (or call the PDR at 1-800-397-4209 or 301-
415-4737. The NRC's regulations are available online in the NRC Library 
at http://www.nrc.gov/reading-rm/adams.html.
    If a request for a hearing/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 Panel will issue a notice of a 
hearing or an appropriate order. In the event that 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 the following factors: (1) The 
nature of the requestor's/petitioner's right under the Act to be made a 
party to the proceeding; (2) the nature and extent of the requestor's/
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 requestor's/petitioner's interest. The 
petition must also set forth the specific contentions which the 
petitioner/requestor 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 
requestor/petitioner shall provide a brief explanation of the basis for 
each contention and a concise statement of the alleged facts or the 
expert opinion that supports the contention on which the requestor/
petitioner intends to rely in proving the contention at the hearing. 
The requestor/petitioner must also provide references to those specific 
sources and documents of which the requestor/petitioner is aware and on 
which the requestor/petitioner intends to rely to establish those facts 
or expert opinion. The requestor/petitioner must provide sufficient 
information to show that a genuine dispute exists with the applicant on 
a material issue of law or fact.\1\ 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 requestor/
petitioner to relief. A requestor/petitioner who fails to satisfy these 
requirements with respect to at least one contention will not be 
permitted to participate as a party.
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    \1\ To the extent that the application contains attachments and 
supporting documents that are not publicly available because they 
are asserted to contain safeguards or proprietary information, 
petitioners desiring access to this information should contact the 
applicant or applicant's counsel to discuss the need for a 
protective order.
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    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 requestors/petitioners 
seek to co-sponsor a contention or propose substantially the same 
contention, the requestors/petitioners will be required to jointly 
designate a representative who shall have the authority to act for the 
requestors/petitioners with respect to that contention.

III. Electronic Submissions (E-Filing)

    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing, a petition for leave to intervene, any motion or 
other document filed in the proceeding prior to the submission of a 
request for hearing or petition to intervene, and documents filed by 
interested governmental entities participating under 10 CFR 2.315(c), 
must be filed in accordance with the NRC E-Filing rule (72 FR 49139, 
August 28, 2007). 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. Participants may not 
submit paper copies of their filings unless they seek an exemption in 
accordance with the procedures described below.
    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 <a href="/cdn-cgi/l/email-protection#c6aea3a7b4afa8a1e8a2a9a5ada3b286a8b4a5e8a1a9b0"><span class="__cf_email__" data-cfemail="88e0ede9fae1e6efa6ece7ebe3edfcc8e6faeba6efe7fe">[email protected]</span></a>, or by 
telephone at 301-415-1677, to request (1) a digital identification (ID) 
certificate, which allows the participant (or its counsel or 
representative) to digitally sign documents and access the E-Submittal 
server for any proceeding in which it is participating; and (2) advise 
the Secretary that the participant will be

[[Page 11175]]

submitting a request or petition for hearing (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 hearing in this 
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 Web site at http://www.nrc.gov/site-help/e-submittals/apply-certificates.html. System requirements for accessing 
the E-Submittal server are detailed in the NRC's ``Guidance for 
Electronic Submission,'' which is available on the NRC's public Web 
site at http://www.nrc.gov/site-help/e-submittals.html. Participants 
may attempt to use other software not listed on the Web site, but 
should note that the NRC's E-Filing system does not support unlisted 
software, and the NRC Meta System Help Desk will not be able to offer 
assistance in using unlisted software.
    If a participant is electronically submitting a document to the NRC 
in accordance with the E-Filing rule, the participant must file the 
document using the NRC's online, Web-based submission form. In order to 
serve documents through the Electronic Information Exchange System, 
users will be required to install a Web browser plug-in from the NRC's 
Web site. Further information on the Web-based submission form, 
including the installation of the Web browser plug-in, is available on 
the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html.
    Once a participant has obtained a digital ID certificate and a 
docket has been created, the participant can then submit a request for 
hearing or petition for leave to intervene. Submissions should be in 
Portable Document Format (PDF) in accordance with NRC guidance 
available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the 
documents are 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. Eastern Time on the due date. Upon receipt of 
a transmission, the E-Filing system time-stamps the document and sends 
the submitter an email notice confirming receipt of the document. The 
E-Filing system also distributes an email notice 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 
documents on those participants separately. Therefore, applicants and 
other participants (or their counsel or representative) must apply for 
and receive a digital ID certificate before a hearing request/petition 
to intervene is filed so that they can obtain access to the document 
via the E-Filing system.
    A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System 
Help Desk through the ``Contact Us'' link located on the NRC Web site 
at http://www.nrc.gov/site-help/e-submittals.html, by email to 
<a href="/cdn-cgi/l/email-protection#c28f918a86ec90a7b1adb7b0a1a782acb0a1eca5adb4"><span class="__cf_email__" data-cfemail="eea3bda6aac0bc8b9d819b9c8d8bae809c8dc0898198">[email protected]</span></a>, or by a toll-free call to 1-866-672-7640. The 
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m., 
Eastern Time, Monday through Friday, excluding government holidays.
    Participants who believe that they have a 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 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted by: (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; or (2) courier, express mail, or 
expedited delivery service to the Office of the Secretary, Sixteenth 
Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 
20852, Attention: Rulemaking and Adjudications Staff. Participants 
filing a document in this manner are responsible for serving the 
document on all other participants. Filing is considered complete by 
first-class mail as of the time of deposit in the mail, or by courier, 
express mail, or expedited delivery service upon depositing the 
document with the provider of the service. A presiding officer, having 
granted an exemption request from using E-Filing, may require a 
participant or party to use E-Filing if the presiding officer 
subsequently determines that the reason for granting the exemption from 
use of E-Filing no longer exists.
    Documents submitted in adjudicatory proceedings will appear in the 
NRC's electronic hearing docket which is available to the public at 
http://ehd1.nrc.gov/ehd/, unless excluded pursuant to an order of the 
Commission, or the presiding officer. Participants are requested not to 
include personal privacy information, such as social security numbers, 
home addresses, or home 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 are requested not to include copyrighted 
materials in their submission.

IV. Document Availability

    Detailed information about the license renewal process can be found 
on the NRC's Web site at http://www.nrc.gov/reactors/operating/licensing/renewal.html. Copies of the application to renew the 
operating license for Callaway are available for public inspection at 
the NRC's PDR, located at One White Flint North, 11555 Rockville Pike 
(first floor), Rockville, MD 20852-2738, and on the NRC's Web site at 
http://www.nrc.gov/reactors/operating/licensing/renewal/applications.html, while the application is under review.
    The NRC staff has verified that a copy of the license renewal 
application is also available to local residents near Callaway, at the 
Callaway County Public Library, 710 Court St., Fulton, MO 65251.

    Dated at Rockville, Maryland, this 16th day of February, 2012.

    For the Nuclear Regulatory Commission.
Mark S. Delligatti,
Acting Deputy Director, Division of License Renewal, Office of Nuclear 
Reactor Regulation.
[FR Doc. 2012-4309 Filed 2-23-12; 8:45 am]
BILLING CODE 7590-01-P


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