[Federal Register Volume 63, Number 130 (Wednesday, July 8, 1998)]
[Notices]
[Pages 36966-36967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18066]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-317 and 50-318]


Baltimore Gas & Electric Company, Calvert Cliffs Nuclear Power 
Plant Units 1 and 2; Notice of Opportunity for a Hearing Regarding 
Renewal of Facility Operating Licenses Nos. DPR-53 and DPR-69 for an 
Additional 20-Year Period

    The U.S. Nuclear Regulatory Commission (the Commission) is 
considering the renewal of facility operating licenses Nos. DPR-53 and 
DPR-69, which authorize Baltimore Gas & Electric Company (BG&E), the 
applicant, to operate its Calvert Cliffs Nuclear Power Plant (CCNPP), 
Units 1 and 2 at 2700 megawatts thermal. BG&E submitted an application 
to renew the operating licenses for its CCNPP units by letter dated 
April 8, 1998. A Notice of Receipt of Application, ``Baltimore Gas & 
Electric Company; Calvert Cliffs Nuclear Power Plant Units 1 & 2; 
Notice of Receipt of Application for Renewal of Facility Operating 
Licenses Nos. DPR-53 and DPR-69 for an Additional 20-Year Period,'' was 
published on April 27, 1998, in the Federal Register (63 FR 20663). The 
renewed licenses would authorize the applicant to operate CCNPP Units 1 
and 2 for an additional 20 years beyond the current 40-year period. The 
current license for Unit 1 expires on July 31, 2014, and the current 
license for Unit 2 expires on August 13, 2016.
    Prior to issuance of the requested license renewals, the NRC will 
have made the findings required by the Atomic Energy Act of 1954, as 
amended (the Act), and the NRC's rules and regulations. In accordance 
with 10 CFR 54.29, the NRC will issue a renewed license upon its review 
and finding 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 to require an aging management 
review and (2) time-limited aging analyses that have been identified to 
require 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. The NRC, in accordance with 10 CFR 51.95(c), 
will prepare an environmental impact statement which is a supplement to 
the Commission's NUREG-1437, ``Generic Environmental Impact Statement 
for License Renewal of Nuclear Plants'' (May 1996). A ``Notice of 
Intent to Prepare an Environmental Impact Statement and Conduct Scoping 
Process'' was issued on June 10, 1998, in the Federal Register (63 FR 
31813). As discussed further below, in the event that a hearing is 
held, issues that may be litigated will be confined to those pertinent 
to the foregoing.
    By August 7, 1998, 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 license renewals 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, 
the Gelman Building, 2120 L Street, N.W., Washington, D.C. and at the 
local public document room for the CCNPP Units 1 and 2 located in the 
Calvert County Public Library, 30 Duke Street, Prince Frederick, MD 
20678. If the applicant files a request for a hearing or if any person 
whose interest may be affected by this proceeding files a request for a 
hearing and a petition for leave to intervene by the above date, the 
Commission or an Atomic Safety and Licensing Board designated by the 
Commission or by the Chairman of the Atomic Safety and Licensing Board 
Panel 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 
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 Part 54 and Part 51, 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 
which may be considered pursuant to 10 CFR Parts 54 and 51. The 
petition should 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 should 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 a 
petition, without requesting leave of the Board, up to 15 days prior to 
the holding of the first pre-hearing conference scheduled in the 
proceeding, but such an amended petition must satisfy the specificity 
requirements described above.
    Not later than fifteen (15) days prior to the first pre-hearing 
conference scheduled in the proceeding, a petitioner shall file a 
supplement to the petition to intervene which must include a list of 
contentions which are sought to be litigated in the matter. 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 the contention and a 
concise statement of the alleged facts or expert opinion which support 
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. 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 which, if proven, would entitle the 
petitioner to relief. A petitioner who fails to file such a supplement 
which 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

[[Page 36967]]

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, Attention: Rulemakings and 
Adjudications Staff, or may be delivered to the Commission's Public 
Document Room, Gelman Building, 2120 L Street, NW, Washington, DC, by 
the above date. A copy of the request for a hearing and the petition 
should also be sent to the Office of the General Counsel, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, and to R.F. 
Fleishman, Esquire, General Counsel, Baltimore Gas and Electric Company 
P.O. Box 1475, Baltimore, MD 21203.
    Nontimely filings of petitions for leave to intervene, amended 
petitions, supplemental petitions, and/or requests for hearing will not 
be entertained absent a determination by the Commission, the presiding 
officer, or the presiding 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).
    For further details with respect to this action, see the 
application dated April 8, 1998, which is available for public 
inspection at the Commission's Public Document Room, 2120 L Street, NW, 
Washington, DC 20555 and the Local Public Document Room for the CCNPP 
Units 1 and 2 located in the Calvert County Public Library, 30 Duke 
Street, Prince Frederick, MD 20678.

    Dated at Rockville Maryland, this 1st day of July 1998.

    For The Nuclear Regulatory Commission.
Stephen T. Hoffman,
Acting Director, License Renewal Project Directorate, Division of 
Reactor Program Management, Office of Nuclear Reactor Regulation.
[FR Doc. 98-18066 Filed 7-7-98; 8:45 am]
BILLING CODE 7590-01-P