ML022240731
| ML022240731 | |
| Person / Time | |
|---|---|
| Site: | Robinson  |
| Issue date: | 08/12/2002 |
| From: | Kuo P Division of Regulatory Improvement Programs |
| To: | Moyer J Carolina Power & Light Co |
| Mitra, SK, NRR/DRIP/RLEP, 415-2783 | |
| References | |
| Download: ML022240731 (14) | |
Text
August 12, 2002 Mr. John Moyer, Vice President H. B. Robinson Steam Electric Plant Carolina Power and Light Company 3581 West Entrance Road Hartsville, SC 29550
SUBJECT:
DETERMINATION OF ACCEPTABILITY AND SUFFICIENCY FOR DOCKETING, PROPOSED REVIEW SCHEDULE, AND OPPORTUNITY FOR A HEARING REGARDING AN APPLICATION FROM THE CAROLINA POWER AND LIGHT COMPANY FOR RENEWAL OF THE OPERATING LICENSE FOR H. B. ROBINSON STEAM ELECTRIC PLANT, UNIT NO. 2
Dear Mr. Moyer:
On June 17, 2002, the staff of the U.S. Nuclear Regulatory Commission (NRC) received the application for renewal of Operating License DPR-23 for H. B. Robinson Steam Electric Plant (HBRSEP), Unit No. 2. In this application, HBRSEP, Unit No. 2, is referred to as the Robinson Nuclear Plant (RNP). Notice of receipt of the application was published in the Federal Register on July 18, 2002 (67 FR 47410).
The NRC staff has determined that the Carolina Power and Light Company has submitted sufficient information that is acceptable for docketing, in accordance with 10 CFR 54.19, 54.21, 54.22, 54.23, and 51.53(c). However, the staffs determination does not preclude requests for additional information as the review proceeds.
This letter forwards the staffs safety and environmental review schedule for the RNP application (Enclosure 1). The NRC staff will follow established review procedures and the enclosed schedule to complete the environmental and safety reviews required by 10 CFR Parts 51 and 54, respectively. This schedule has been established in accordance with a 30-month review plan, which includes time for the conduct of a hearing, should a hearing be requested and granted. Milestones for hearing activities are not included in the enclosed schedule because those dates are established by the Commission and the Atomic Safety and Licensing Board.
I would like to stress that this is a very ambitious schedule and the staff will make every effort to meet or exceed the milestones. We, therefore, request that you inform the staff as early as possible should potential delays arise in your support of the schedule.
J. Moyer Finally, we have also enclosed, for your information, a copy of the notice relating to your application that has been sent to the Office of the Federal Register for publication (Enclosure 2). This notice also provides, in accordance with the provisions of 10 CFR 2.105, the opportunity to request a hearing and to file a petition for leave to intervene.
If you have any questions on this matter, please contact Sikhindra K. Mitra, the license renewal project manager for the RNP application, at 301-415-2783.
Sincerely,
/RA/
Pao-Tsin Kuo, Program Director License Renewal and Environmental Impacts Division of Regulatory Improvement Programs Office of Nuclear Reactor Regulation Docket No. 50-261
Enclosures:
As stated cc w/enclosures: See next page
J. Moyer Finally, we have also enclosed, for your information, a copy of the notice relating to your application that has been sent to the Office of the Federal Register for publication (Enclosure 2). This notice also provides, in accordance with the provisions of 10 CFR 2.105, the opportunity to request a hearing and to file a petition for leave to intervene.
If you have any questions on this matter, please contact Sikhindra K. Mitra, the license renewal project manager for the RNP application, at 301-415-2783.
Sincerely,
/RA/
Pao-Tsin Kuo, Program Director License Renewal and Environmental Impacts Division of Regulatory Improvement Programs Office of Nuclear Reactor Regulation Docket No. 50-261
Enclosures:
As stated cc w/enclosures: See next page DISTRIBUTION:
See next page ACCESSION NO.:
DOCUMENT NAME:C:\ORPCheckout\FileNET\ML022240731.wpd OFFICE PM:RLEP:DRIP LA:RLEP:DRIP SC:RLEP OGC PD:RLEP:DRIP NAME SMitra HBerilla SLee Suttal PTKuo DATE 7/26/02 7/26/02 7/26/02 8/6/02 8/12/02 OFFICIAL RECORD COPY
DISTRIBUTION: Letter to John Moyer, Dated: August 12, 2002 HARD COPY RLEP RF H. Berilla E-MAIL:
PUBLIC J. Johnson W. Borchardt D. Matthews F. Gillespie RidsNrrDe R. Barrett E. Imbro G. Bagchi K. Manoly W. Bateman J. Calvo C. Holden P. Shemanski H. Nieh G. Holahan H. Walker S. Black B. Boger D. Thatcher G. Galletti C. Li J. Moore R. Weisman M. Mayfield A. Murphy W. McDowell S. Droggitis T. Kobetz RLEP Staff R. Subbaratnam B. Bonser (R II)
S. Uttal(OGC)
C. Munson P. Balmain
H.B. Robinson License Renewal Application Review Schedule Milestone Schedule Date Receive License Renewal Application 06/17/02 Application is accessible 07/04/02 Press Release describing FRN 07/17/02 FRN published for receipt & availability review 07/18/02 Press Release describing FRN 08/16/02 FRN published describing acc./rejection 08/19/02 FRN published for opportunity for hearing 08/19/02 FRN published for Intent/Env Scoping mtg 08/25/02 Deadline for Filing Hearing Requests and Petitions for Intervention 09/19/02 Environmental Scoping Meeting 09/02 EIS Scoping Period Ends 10/02 Scoping and Screening Methodology Audit Complete 11/02 Env. RAIs Issued to Applicant 12/02/02 Env. RAIs Responses Issued to NRC 01/20/03 Safety RAIs issued by RLEP 02/11/03 Responses to Safety RAIs received 04/28/03 Draft SEIS to EPA, Issue Notice of Availability 05/16/03 Scoping Inspection Complete 05/03 Public Meeting to Discuss DEIS 06/03 AMR Inspection Complete 07/03 End of DEIS Comment Period 07/03 SER w/OI issued by RLEP 08/25/03 ACRS Subcommittee of SER OI 09/03 ACRS Full committee of SER OI 10/03 Responses to SER OI received 11/07/03 Final SEIS issued to EPA/Issue Notice of Availability 12/31/03 Optional Final Inspection complete 12/03 SER issued by RLEP 01/21/04 Regional Administrators Letter 02/03/04 ACRS Subcommittee of SER 02/04 ACRS of full committee of SER 03/04 ACRS Letter 03/19/04 Commission Paper W/Staff Recommendations 09/09/04 Commission Decision 12/13/04 Enclosure 1
7590-01-P UNITED STATES NUCLEAR REGULATORY COMMISSION CAROLINA POWER & LIGHT (CP&L)
H. B. ROBINSON STEAM ELECTRIC PLANT, UNIT NO. 2 DOCKET NO. 50-261 NOTICE OF ACCEPTANCE FOR DOCKETING OF THE APPLICATION AND NOTICE OF OPPORTUNITY FOR A HEARING REGARDING RENEWAL OF LICENSE FOR AN ADDITIONAL 20-YEAR PERIOD FACILITY OPERATING LICENSE NO. DPR-23 The U.S. Nuclear Regulatory Commission (NRC or Commission) is considering an application for the renewal of Facility Operating License No. DPR-23, which authorizes the Carolina Power & Light (CP&L) Company to operate the H. B. Robinson Steam Electric Plant (HBRSEP), Unit 2, at 2300 megawatts thermal. In this application, HBRSEP, Unit No. 2, is referred to as the Robinson Nuclear Plant (RNP). The renewed license would authorize the applicant to operate RNP for an additional 20 years beyond the period specified in the current license. The current operating license for RNP expires on July 31, 2010.
CP&L submitted an application to renew the operating license for RNP, on June 17, 2002. A Notice of Receipt of Application, Carolina Power & Light (CP&L), H.B. Robinson Steam Electric Plant, Unit No. 2; Notice of Receipt of Application for Renewal of Facility Operating License No. DPR-23 for an Additional 20-Year Period, was published in the Federal Register on July 18, 2002 (67 FR 47410).
The NRC staff has determined that CP&L 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 No. 50-261 for Operating License No. DPR-23, 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 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 NRC*s rules and regulations. In accordance with 10 CFR 54.29, the NRC 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 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 (May 1996). 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 this meeting 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, 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 petitioners right under the Act to be made a party to the proceeding. (ii) The nature and extent of the petitioners property, financial, or other interest in the proceeding. (iii) The possible effect of any order that may be entered in the proceeding on the petitioners 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, located at One White Flint North, 11555 Rockville Pike (first floor) Rockville, Maryland, and on the NRC 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 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 a 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 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 specificity 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 Public Document Room, 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 hearingdocket@nrc.gov. 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 OGCMailCenter@nrc.gov. A copy of the request for hearing and petition for leave to intervene should also be sent to Mr. John Moyer, Vice President, H. B.
Robinson Steam Electric Plant, Carolina Power and Light Company, 3581 West Entrance Road, Hartsville, SC 29550.
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 under the nuclear reactors icon of the NRC*s Web page at http://www.nrc.gov.
A copy of the application is available for public inspection at the Commissions Public Document Room, located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland, or on the NRC Web site from the NRCs Agencywide Documents Access and Management System (ADAMS). The ADAMS Public Electronic Reading Room is accessible
from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. The staff has verified that a copy of the license renewal application for the RNP is also available to local residents at the Hartsville Memorial Library, in Hartsville, SC.
Dated at Rockville, Maryland, this 12th day of August, 2002.
FOR THE NUCLEAR REGULATORY COMMISSION
/RA/
Pao-Tsin Kuo, Program Director License Renewal and Environmental Impacts Program Division of Regulatory Improvement Programs Office of Nuclear Reactor Regulation
Mr. J. W. Moyer H. B. Robinson Steam Electric Carolina Power & Light Company Plant, Unit No. 2 cc:
Mr. William D. Johnson Executive Director Vice President and Corporate Secretary Public Staff - NCUC Carolina Power & Light Company 4326 Mail Service Center Post Office Box 1551 Raleigh, NC 27699-4326 Raleigh, NC 27602 Mr. Virgil R. Autry, Director Ms. Karen E. Long South Carolina Department of Health Assistant Attorney General Bureau of Land & Waste Management State of North Carolina Division of Radioactive Waste Post Office Box 629 2600 Bull Street Raleigh, NC 27602 Columbia, SC 29201 U.S. Nuclear Regulatory Commission Mr. Terry C. Morton, Manager Resident Inspectors Office Performance Evaluation and H. B. Robinson Steam Electric Plant Regulatory Affairs CPB 7 2112 Old Camden Road Carolina Power & Light Company Hartsville, SC 29550 Post Office Box 1551 Raleigh, NC 27602-1551 Mr. T. P. Cleary Plant General Manager Mr. John H. ONeill, Jr.
Carolina Power & Light Company Shaw, Pittman, Potts & Trowbridge H. B. Robinson Steam Electric Plant, Unit 2300 N Street, NW.
No. 2 Washington, DC 20037-1128 3581 West Entrance Road Hartsville, SC 29550 Mr. B. L. Fletcher III Manager - Regulatory Affairs Mr. T.D. Walt Carolina Power & Light Company Director of Site Operations H. B. Robinson Steam Electric Plant Carolina Power & Light Company Unit No. 2 H. B. Robinson Steam Electric Plant, Unit 3581 West Entrance Road No. 2 Hartsville, SC 29550-0790 3581 West Entrance Road Hartsville, SC 29550 Mr. Alan P. Nelson Nuclear Energy Institute Public Service Commission 1776 I Street, NW., Suite 400 Post Office Drawer 11649 Washington, DC 20006-3708 State of South Carolina Columbia, SC 29211 Talmage B. Clements Manager - License Renewal Supervisor, Licensing/Regulatory Programs Carlina Power and Light Company Carolina Power & Light Company 410 South Wilmington Street H. B. Robinson Steam Electric Plant Raleigh, NC 27602 Unit No. 2 3581 West Entrance Road Mr. Roger A. Stewart Hartsville, SC 29550 Carolina Power and Light Company H. B. Robinson Steam Electric Plant, Unit Ms. Beverly Hall, Acting Director No. 2 N.C. Department of Environment 3581 West Entrance Road and Natural Resources Hartsville, SC 29550 Division of Radiation Protection 3825 Barrett Dr.
Raleigh, NC 27609-7721 Mr. Robert P. Gruber