ML033381153
| ML033381153 | |
| Person / Time | |
|---|---|
| Site: | Cook  |
| Issue date: | 12/04/2003 |
| From: | Kuo P Division of Regulatory Improvement Programs |
| To: | Nazar M Indiana Michigan Power Co |
| Anand R NRR/DRIP/RLEP, 415-1146 | |
| References | |
| Download: ML033381153 (11) | |
Text
December 4, 2003 Mr. Mano K. Nazar Senior Vice President and Chief Nuclear Officer Indiana Michigan Power Company Nuclear Generation Group One Cook Place Bridgman, MI 49106
SUBJECT:
DETERMINATION OF ACCEPTABILITY AND SUFFICIENCY FOR DOCKETING, PROPOSED REVIEW SCHEDULE, AND OPPORTUNITY FOR A HEARING REGARDING THE APPLICATION FROM INDIANA MICHIGAN POWER COMPANY FOR RENEWAL OF THE OPERATING LICENSE FOR DONALD C. COOK NUCLEAR PLANT, UNITS 1 AND 2
Dear Mr. Nazar:
On November 3, 2003, the staff of the U.S. Nuclear Regulatory Commission (NRC) received the Indiana Michigan Power Company application for renewal of Operating Licenses DPR-58 and DPR-74 for the D. C. Cook Nuclear Plant, Units 1 and 2. Notice of receipt of this application was published in the Federal Register on November 10, 2003 (68 FR 63824).
The NRC staff has determined that the Indiana Michigan Power Company has submitted sufficient information in your application such that it 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 subject application (Enclosure 1). The NRC staff will follow established review procedures and the enclosed schedule to complete the safety and environmental reviews required by 10 CFR Parts 54 and 51, respectively. This schedule has been established in accordance with a 30-month review plan, which includes time to conduct a hearing should a hearing be requested and granted. Milestones for hearing activities are not included in the enclosed schedule because these 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. Nevertheless, the NRC staff will make every effort to meet the goal of the schedule. We request that you inform the staff as early as possible should potential delays arise in your support of the schedule.
Finally, we have also enclosed, for your information, a copy of the notice relating to your application that is being sent to the Office of the Federal Register for publication (Enclosure 2).
This notice provides, in accordance with the provisions of 10 CFR 2.105, an opportunity to request a hearing and to file a petition for leave to intervene.
If you have any questions on this matter, please contact Mr. Johnny Eads, License Renewal Project Manager for the D.C. Cook application at 301-415-1471 or via electronic mail at jhe@nrc.gov.
Sincerely,
/RA/
Pao-Tsin Kuo, Program Director License Renewal and Environmental Impacts Division of Regulatory Improvement Programs Office of Nuclear Reactor Regulation Docket Nos.: 50-315 and 50-316
Enclosures:
As stated cc w/encls: See next page
If you have any questions on this matter, please contact Mr. Johnny Eads, License Renewal Project Manager for the D.C. Cook application at 301-415-1471 or via electronic mail at jhe@nrc.gov.
Sincerely,
/RA/
Pao-Tsin Kuo, Program Director License Renewal and Environmental Impacts Division of Regulatory Improvement Programs Office of Nuclear Reactor Regulation Docket Nos.: 50-315 and 50-316
Enclosures:
As stated cc w/encls: See next page DISTRIBUTION:
See next page Accession no.: ML033381153 Document Name: C:\MYFILES\Copies\Notice of Acceptability-Docketing-Hearing .wpd OFFICE LA:RLEP PM:RLEP PM: RLEP PM:RLEP OGC SC:RLEP PD:RLEP NAME MJenkins RAnand RSchaaf JEads RWeisman SLee PTKuo DATE 11/14/03 11/12/03 11/14/03 11/12/03 12/3/03 12/4/03 12/4/03 OFFICIAL RECORD COPY
DISTRIBUTION: Letter to Mano Nazar w/FRN, Dated: December 4, 2003 Accession no.: ML033381153 HARD COPY RLEP RF Project Manager E-MAIL:
PUBLIC J. Craig D. Matthews F. Gillespie C. Grimes RidsNrrDe E. Imbro G. Bagchi K. Manoly W. Bateman J. Calvo R. Jenkins P. Shemanski H. Nieh J. Fair S. Black B. Boger D. Thatcher R. Pettis G. Galletti C. Li J. Moore R. Weisman M. Mayfield A. Murphy R. Irish S. Smith (srs3)
S. Duraiswamy Y. L. (Renee) Li RLEP Staff K. Coyne A. Howell NRR/ADPT secretary (RidsNrrAdpt)
L. Lund M. Shuaibi S. Coffin J. Strasma, RIV T. Chan M. Kotzalas J. Minns OPA R. Gramm PMNS
D.C. COOK, UNITS 1 AND 2, LICENSE RENEWAL APPLICATION REVIEW SCHEDULE MILESTONE SCHEDULE ACTUAL Receive license renewal application 11/03/03 11/03/2003 Federal Register Notice (FRN) published for receipt & availability 11/10/03 11/10/2003 FRN published for acceptance/rejection 12/10/03 FRN published for opportunity for hearing 12/10/03 Deadline for filing hearing requests and petitions for intervention 01/12/04 Scoping and screening methodology audit complete 01/16/04 FRN published for intent/environmental scoping meeting 02/06/04 Environmental scoping meeting 03/09/04 Environmental scoping period ends 04/06/04 Environmental requests for additional information (RAIs) issued 05/05/04 Environmental RAIs responses received 06/04/04 Draft supplemental environmental impact statement (SEIS) issued 09/24/04 Public meeting to discuss Draft SEIS 11/03/04 End of Draft SEIS comment period 12/15/04 Safety evaluation report (SER) with open items issued 12/21/04 Advisory Committee on Reactor Safeguards (ACRS) Subcommittee 01/05 meeting on SER with open items SER open items responses received 02/16/05 Final SEIS issued 05/13/05 SER issued 05/30/05 ACRS Full Committee meeting on SER 07/05 ACRS letter issued 07/05 Commission Paper with Staff Recommendations 02/03/06 Commission Decision 05/03/06 Enclosure 1
7590-01-P UNITED STATES NUCLEAR REGULATORY COMMISSION INDIANA MICHIGAN POWER COMPANY DONALD C. COOK NUCLEAR PLANT, UNITS 1 AND 2 NOTICE OF ACCEPTANCE FOR DOCKETING OF THE APPLICATION AND NOTICE OF OPPORTUNITY FOR HEARING REGARDING RENEWAL OF FACILITY OPERATING LICENSE NOS. DPR-58 AND DPR-74 FOR AN ADDITIONAL 20-YEAR PERIOD DOCKET NOS. 50-315 AND 50-316 The U.S. Nuclear Regulatory Commission (NRC or the Commission) is considering an application for the renewal of Operating License Nos. DPR-58 and DPR-74, which authorize the Indiana Michigan Power Company to operate D. C. Cook Nuclear Plant, at 3304 megawatts thermal for Unit 1 and at 3468 megawatts thermal for Unit 2, respectively. The renewed licenses would authorize the applicant to operate D. C. Cook Nuclear Plant, Units 1 and 2, for an additional 20-years beyond the period specified in the current licenses. The current operating licenses for D. C. Cook Nuclear Plant, Units 1 and 2, expire on October 25, 2014 and December 23, 2017, respectively.
On November 3, 2003, the Commissions staff received an application from Indiana Michigan Power Company, filed pursuant to 10 CFR Part 54, to renew the Operating License Nos. DPR-58 and DPR-74 for D. C. Cook Nuclear Plant, Units 1 and 2, respectively. A Notice of Receipt and Availability of the license renewal application, ?Indiana Michigan Power Company, D. C. Cook Nuclear Plant, Units 1 and 2; Notice of Receipt and Availability of Application for Renewal of Facility Operating License Nos. DPR-58 and DPR-74 for an Enclosure 2
Additional 20-Year Period, was published in the Federal Register on November 10, 2003 (68 FR 63824).
The Commissions staff has determined that the Indiana Michigan Power Company has submitted sufficient information in accordance with 10 CFR 54.19, 54.21, 54.22, 54.23, and 51.53(c) that is acceptable for docketing. The current Docket Nos. 50-315 and 50-316 for Operating License Nos. DPR-58 and DPR-74, respectively, 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 each requested renewed license, the NRC will have made the findings required by the Atomic Energy Act of 1954, as amended (the Act), and the Commissions 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 Commissions regulations.
Additionally, in accordance with 10 CFR 51.95(c), the NRC will prepare an environmental impact statement that is a supplement to the Commissions NUREG-1437, Generic Environmental Impact Statement for License Renewal of Nuclear Power Plants, dated 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.
As discussed further herein, in the event that a hearing is held, issues that may be litigating will be confined to those pertinent to the foregoing.
Within 30 days from the date of publication of this Federal 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. Interested persons should consult a current copy of 10 CFR 2.714, which is available at the Commissions Public Document Room (PDR), located at One White Flint North, 11555 Rockville Pike (first floor) Rockville, Maryland, and on the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. 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 (ASLB) designated by the Commission or by the Chairman of the ASLB Panel will rule on the request(s) and/or petition(s), and the Secretary or the designated ASLB 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 pre-hearing 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 pre-hearing 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, D.C.
20555-0001, Attention: Rulemakings and Adjudications Staff, or it may be delivered to the Commission*s Public Document Room (PDR), located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland, 20855-2738, 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 hearing and the petition for leave to intervene should also be sent to the Office of the General Counsel, U. S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001. Again, 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 at 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. Mano K. Nazar, Senior Vice President and Chief Nuclear Officer, Indiana Michigan Power Company, Nuclear Generation Group, One Cook Place, Bridgman, MI 49106.
Non-timely 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 ASLB 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 on the NRCs Web page at http://www.nrc.gov/reactors/operating/licensing/renewal.html. A copy of the application to renew the operating licenses for D. C. Cook Nuclear Plant, Units 1 and 2, is available for public inspection at the Commission*s PDR, located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland, 20855-2738, and on the NRCs Web page at http://www.nrc.gov/reactors/operating/licensing/renewal/applications.html while the application is under review. The NRC maintains an Agencywide Documents Access and Management System (ADAMS), which provides text and image files of NRCs public documents, and a copy of the application is also available electronically through the NRCs Public Electronic Reading Room on the Internet at http://www.nrc.gov/reading-rm/adams.html under ADAMS accession number ML033070179. If you do not have access to ADAMS or if there are problems in accessing the documents located in ADAMS, contact the NRC Public Document Room (PDR)
Reference staff at 1-800-397-4209, 301-415-4737 or by e-mail to pdr@nrc.gov.
The staff has verified that the license renewal application has been provided to the Bridgman Public Library, 4460 Lake Street, Bridgman, Michigan and the Maud Preston Palenske Memorial Library, 500 Market Street, St. Joseph, Michigan, which are near the D. C. Cook Nuclear Plant.
Dated at Rockville, Maryland, this the 4th day of December, 2003.
FOR THE NUCLEAR REGULATORY COMMISSION
/RA/
Pao-Tsin Kuo, Program Director License Renewal and Environmental Impacts Division of Regulatory Improvement Programs Office of Nuclear Reactor Regulation
Donald C. Cook Nuclear Plant, Units 1 and 2 cc: Michigan Department of Environmental Quality Regional Administrator, Region III Waste and Hazardous Materials Div.
U.S. Nuclear Regulatory Commission Hazardous Waste & Radiological 801 Warrenville Road Protection Section Lisle, IL 60532-4351 Nuclear Facilities Unit Constitution Hall, Lower-Level North Attorney General 525 West Allegan Street Department of Attorney General P. O. Box 30241 525 West Ottawa Street Lansing, MI 48909-7741 Lansing, MI 48913 David A. Lochbaum Township Supervisor Nuclear Safety Engineer Lake Township Hall Union of Concerned Scientists P.O. Box 818 1707 H Street NW, Suite 600 Bridgman, MI 49106 Washington, DC 20036 U.S. Nuclear Regulatory Commission Michael J. Finissi Resident Inspector's Office Plant Manager 7700 Red Arrow Highway Indiana Michigan Power Company Stevensville, MI 49127 Nuclear Generation Group One Cook Place David W. Jenkins, Esquire Bridgman, MI 49106 Indiana Michigan Power Company One Cook Place Joseph N. Jensen Bridgman, MI 49106 Site Vice President Indiana Michigan Power Company Mayor, City of Bridgman Nuclear Generation Group P.O. Box 366 One Cook Place Bridgman, MI 49106 Bridgman, MI 49106 Special Assistant to the Governor Richard J. Grumbir Room 1 - State Capitol Project Manager, License Renewal Lansing, MI 48909 Indiana Michigan Power Company Nuclear Generation Group Mr. John A. Zwolinski 500 Circle Drive Director, Design Engineering and Buchanan, MI 49107 Regulatory Affairs Indiana Michigan Power Company Mr. Robert P. Powers Nuclear Generation Group American Electric Power 500 Circle Drive Executive Vice President - Generation Buchanan, MI 49107 Indiana Michigan Power Company Nuclear Generation Group Mr. Fred Emerson 500 Circle Drive Nuclear Energy Institute Buchanan, MI 49107 1776 I Street, N.W., Suite 400 Washington, DC 20006-3708