ML040980219

Determination of Acceptability and Sufficiency for Docketing, Proposed Review Schedule, and Opportunity for a Hearing Regarding the Applications from Nuclear Management Company, LLC for Renewal of the Operating Licenses for Pt. Beach, Units

ML040980219
Person / Time
Site:	Point Beach
Issue date:	04/07/2004
From:	Kuo P NRC/NRR/DRIP/RLEP
To:	Vanmiddlesworth G Nuclear Management Co
Kuo PT, NRR/DRIP/RLEP, 415-1183
References
TAC MC2099, TAC MC2100
Download: ML040980219 (14)

Text

April 7, 2004 Mr. Gary Van Middlesworth Site Vice President Point Beach Nuclear Plant Nuclear Management Company, LLC 6610 Nuclear Road Two Rivers, WI 54241-9516

SUBJECT:

DETERMINATION OF ACCEPTABILITY AND SUFFICIENCY FOR DOCKETING, PROPOSED REVIEW SCHEDULE, AND OPPORTUNITY FOR A HEARING REGARDING THE APPLICATION FROM NUCLEAR MANAGEMENT COMPANY, LLC FOR RENEWAL OF THE OPERATING LICENSES FOR THE POINT BEACH NUCLEAR PLANT, UNITS 1 AND 2 (TAC NOS. MC2099 AND MC2100)

Dear Mr. Middlesworth:

On February 26, 2004, the staff of the U.S. Nuclear Regulatory Commission (NRC) received the Nuclear Management Company, LLC application for renewal of Operating Licenses DPR-24 and DPR-27 for the Point Beach Nuclear Plant, Units 1 and 2, respectively. Notice of receipt of these application was published in the Federal Register on March 8, 2004 (69 FR 10765).

The NRC staff has determined that the Nuclear Management Company, LLC has submitted sufficient information that your application 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 this 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 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 Mr. Michael J. Morgan License Renewal Project Manager for the Point Beach Nuclear Plant, Units 1 and 2, by telephone at 301-415-2232 or via electronic mail at mjm2@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.: 50-266 and 50-301

Enclosures:

As stated cc w/encls: See next page

If you have any questions on this matter, please contact Mr. Michael J. Morgan License Renewal Project Manager for the Point Beach Nuclear Plant, Units 1 and 2, by telephone at 301-415-2232 or via electronic mail at mjm2@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.: 50-266 and 50-301

Enclosures:

As stated cc w/encls: See next page DISTRIBUTION:

See next page Accession no.: ML040980219 Document Name: C:\ORPCheckout\FileNET\ML040980219.wpd OFFICE LA:RLEP PM:RLEP OGC SC:RLEP-A PD:RLEP NAME YEdmonds MMorgan CMarco SLee PTKuo for PT Kuo DATE 3/22/04 3/22/04 3/30/04 4/7/04 4/7/04 OFFICIAL RECORD COPY DISTRIBUTION: Dated: April 7, 2004 Accession No: ML040980219

HARD COPY RLEP RF M. Morgan 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 J. Fair S. Black B. Boger D. Thatcher R. Pettis G. Galletti C. Li M. Itzkowitz R. Weisman M. Mayfield A. Murphy S. Smith (srs3)

S. Duraiswamy Y. L. (Renee) Li RLEP Staff L. Kozak, RIII W. Ruland D. Spaulding C. Marco L. Raghavan A. Vegel, RIII T. Mensah OPA POINT BEACH, UNITS 1 AND 2, LICENSE RENEWAL APPLICATION REVIEW SCHEDULE

Milestone Schedule Actual Receive license renewal application 02/27/04 02/26/04 Federal Register Notice (FRN) published for receipt and availability 03/05/04 03/08/04 Public Meeting - Safety review overview 03/31/04 03/31/04 FRN published for acceptance/rejection/opportunity for hearing 04/08/04 FRN published for intent/environmental scoping meeting 05/14/04 Scoping and screening methodology audit complete 05/07/04 Deadline for filing hearing requests and petitions for intervention 06/08/04 Public Meeting - Environmental scoping meeting 06/15/04 Environmental scoping period ends 07/14/04 Environmental requests for additional information (RAIs) issued 08/06/04 Final set of safety RAIs issued 09/14/04 Environmental RAIs responses received 09/22/04 Final set of safety RAI responses received 10/14/04 Draft supplemental environmental impact statement (SEIS) issued 01/21/05 FRN published for availability/comment on draft SEIS 01/28/05 Public Meeting to discuss draft SEIS 02/15/05 Safety evaluation report (SER) with open items issued 05/02/05 End of draft SEIS comment period 04/13/05 Advisorary Committee on Reactor Safeguards (ACRS) Subcommittee 06/05 meeting on SER with open items SER open items responses received 07/07/05 Final SEIS issued 09/02/05 FRN published for availability of final SEIS 09/09/05 Regional scoping inspection complete 02/14/05 SER issued 10/18/05 Regional aging management program inspection complete 04/18/05 ACRS Full Committee meeting on SER 11/05 ACRS letter issued 11/05 Commission Paper with staff recommendations 05/06 Commission decision (30 months) 08/06 Enclosure 1

7590-01-P UNITED STATES NUCLEAR REGULATORY COMMISSION NUCLEAR MANAGEMENT COMPANY, LLC POINT BEACH 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-24 AND DPR-27 FOR AN ADDITIONAL 20-YEAR PERIOD DOCKET NOS. 50-266 AND 50-301 The U.S. Nuclear Regulatory Commission (NRC or the Commission) is considering application for the renewal of Operating License Nos. DPR-24 and DPR-27, which authorize the Nuclear Management Company, LLC, to operate the Point Beach Nuclear Plant, Units 1 and 2 at 1540 megawatts thermal for each unit. The renewed licenses would authorize the applicant to operate the Point Beach Nuclear Plant, Units 1 and 2, for an additional 20 years beyond the period specified in the current licenses. The current operating license for the Point Beach Nuclear Plant, Unit 1 expires on October 5, 2010, and the current operating license for the Point Beach Nuclear Plant, Unit 2 expires on March 8, 2013.

On February 26, 2004, the Commissions staff received an application from Nuclear Management Company, LLC filed pursuant to 10 CFR Part 54, to renew the Operating License Nos. DPR-24 and DPR-27 for Point Beach Nuclear Plant , Units 1 and 2, respectively. A Notice of Receipt and Availability of the license renewal application, Nuclear Management Company, LLC; Notice of Receipt and Availability of Application for Renewal of Point Beach Nuclear Plant, Units 1 and 2, Facility Operating License Nos. DPR-24 and DPR-27 for Additional 20-Year Period, was published in the Federal Register on March 8, 2004 (69 FR 10765).

Enclosure 2

The Commissions staff has determined that Nuclear Management Company, LLC 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. 50-266 and 50-301 for Operating License Nos. DPR-24 and DPR-27, 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 licenses 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 the subject of a separate Federal Register notice.

Within 60 days after the date of publication of this Federal Register Notice, the requestor/petitioner 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. Requests for a hearing and a petition for leave to intervene shall be filed in accordance with the Commissions Rules of Practice for Domestic Licensing Proceedings in 10 CFR Part 2. Interested persons should consult a current copy of 10 CFR 2.309, which is available at the Commissions Public Document Room (PDR), located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland 20852 and is accessible from the Agencywide Documents Access and Management Systems (ADAMS) Public Electronic Reading Room on the Internet at http://www.nrc.gov/reading-rm/adams.html. Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS should contact the NRCs PDR reference staff at 1-800-397-4209, or by email at pdr@nrc.gov. 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. 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 licenses 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 requestors/petitioners right under Act to be made a party to the proceeding; (2) the nature and extent of the requestors/petitioners 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 requestors/petitioners 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 bases of 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.

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 applicants counsel to discuss the need for a protective order.

Each contention shall be given a separate numeric or alpha designation within one of the following groups and all like subject-matters shall be grouped together:

1. Technical - - primarily concerns issues relating to technical and/or health and safety matters discussed or referenced in the Point Beach Nuclear Plant, Units 1 and 2 safety analysis for the application (including issues related to emergency planning and physical security to the extent that such matters are discussed or referenced in the application).

2. Environmental - - primarily concerns issues relating to matters discussed or referenced in the Environmental Report for the license renewal application

3. Miscellaneous - - does not fall into one of the categories outlined above.

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 within ten (10) days after advised of such 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, including 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: (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: Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland, 20852, Attention: Rulemaking and Adjudications Staff; (3) Email addressed to the Office of the Secretary, U.S. Nuclear Regulatory Commission, HEARINGDOCKET@NRC.GOV; or (4) facsimile transmission

addressed to the Office of the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC, Attention: Rulemakings and Adjudications Staff at 301-415-1101, verification number is 301-415-1966. A copy of the request for hearing and petition for leave to intervene must also be sent to the Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and it is requested that copies be transmitted either by means of facsimile transmission to 301-415-3725 or by email to OGCMailCenter@nrc.gov. A copy of the request for hearing and petition for leave to intervene should also be sent to the attorney for the licensee. Attorney for the Applicant: David R. Lewis, Esq., Shaw Pittman, 2300 N Street, NW Washington, DC 20037.

Nontimely 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(a)(1)(i)-(viii).

Detailed information about the license renewal process can be found under the Nuclear Reactors icon at http://www.nrc.gov/reactors/operating/licensing/renewal.html on the NRCs Web page. Copies of the application to renew the operating licenses for the Point Beach Nuclear Plant, Units 1 and 2, are 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 at http://www.nrc.gov/reactors/operating/licensing/renewal/applications/point-beach.html the NRCs Web page 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. These documents may be accessed through the NRCs Public Electronic Reading Room on the Internet at http://www.nrc.gov/reading-rm/adams.html under ADAMS accession number ML040580020. Persons who do not have access to ADAMS or who encounter problems

in accessing the documents located in ADAMS, may 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 a copy of the license renewal application is also available to local residents near the Point Beach Nuclear Plant at the Lester Public Library, at 1001 Adams Street, Two Rivers, Wisconsin 54241.

Dated at Rockville, Maryland, this the 7th day of April 2004 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

Point Beach Nuclear Plant, Units 1 and 2 cc:

Jonathan Rogoff, Esquire Mr. Jeffery Kitsembel Vice President, Counsel & Secretary Electric Division Nuclear Management Company, LLC Public Service Commission of Wisconsin 700 First Street P.O. Box 7854 Hudson, WI 54016 Madison, WI 53707-7854 Mr. Richard R. Grigg Nuclear Asset Manager President and Chief Operating Officer Wisconsin Electric Power Company Wisconsin Electric Power Company 231 West Michigan Street 231 West Michigan Street Milwaukee, WI 53201 Milwaukee, WI 53201 John Paul Cowan Manager, Regulatory Affairs Executive Vice President & Chief Nuclear Point Beach Nuclear Plant Officer Nuclear Management Company, LLC Nuclear Management Company, LLC 6610 Nuclear Road 700 First Street Two Rivers, WI 54241 Hudson, WI 54016 Mr. Ken Duveneck Douglas E. Cooper Town Chairman Senior Vice President - Group Operations Town of Two Creeks Palisades Nuclear Plant 13017 State Highway 42 Nuclear Management Company, LLC Mishicot, WI 54228 27780 Blue Star Memorial Highway Covert, MI 49043 Chairman Public Service Commission Mr. Fred Emerson of Wisconsin Nuclear Energy Institute P.O. Box 7854 1776 I Street, NW., Suite 400 Madison, WI 53707-7854 Washington, DC 20006-3708 Regional Administrator, Region III U.S. Nuclear Regulatory Commission 801 Warrenville Road Lisle, IL 60532-4351 Resident Inspectors Office U.S. Nuclear Regulatory Commission 6612 Nuclear Road Two Rivers, WI 54241