ML043360165

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Determination of Acceptability and Sufficiency for Docketing, Proposed Review Schedule, and Opportunity for a Hearing Regarding Application from Carolina Power & Light Company, Now Doing Business as Progress Energy Carolinas, Inc. (Pec) for
ML043360165
Person / Time
Site: Brunswick  Duke Energy icon.png
Issue date: 11/30/2004
From: Kuo P
NRC/NRR/DRIP/RLEP
To: Gannon C
Carolina Power & Light Co
Dudley, N, NRR/DRIP/RLEP, 415-1154
References
Download: ML043360165 (15)


Text

November 30, 2004 Mr. Cornelius J. Gannon, Vice President Brunswick Steam Electric Plant Carolina Power & Light Company Post Office Box 10429 Southport, NC 28461-0429

SUBJECT:

DETERMINATION OF ACCEPTABILITY AND SUFFICIENCY FOR DOCKETING, PROPOSED REVIEW SCHEDULE, AND OPPORTUNITY FOR A HEARING REGARDING THE APPLICATION FROM CAROLINA POWER &

LIGHT COMPANY, NOW DOING BUSINESS AS PROGRESS ENERGY CAROLINAS, INC. (PEC), FOR RENEWAL OF THE OPERATING LICENSES FOR THE BRUNSWICK STEAM ELECTRIC PLANT, UNITS 1 AND 2

Dear Mr. Gannon:

By letter dated October 18, 2004, the U.S. Nuclear Regulatory Commission (NRC) received a license renewal application from Carolina Power & Light Company, now doing business as Progress Energy Carolinas, Inc. (PEC), for renewal of Operating License Nos. DPR-71 and DRP-62 for the Brunswick Steam Electric Plant, Units 1 and 2, respectively. Notice of receipt of this application was published in the Federal Register on November 18, 2004 (69 FR 67611).

The NRC staff has determined that the Carolina Power & Light Company 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.

Cornelius J. Gannon If you have any questions on this matter, please contact Sikhindra Mitra, License Renewal Project Manager for the Brunswick Steam Electric Plant, Units 1 and 2, by telephone at 301-415-2783 or via electronic mail at SKM1@nrc.gov.

Sincerely,

/RA/

Pao-Tsin Kuo, Program Director License Renewal and Environmental Impacts Program Division of Regulatory Improvement Programs Office of Nuclear Reactor Regulation Docket Nos. 50-324 and 50-325

Enclosure:

As stated cc w/encls: See next page

Cornelius J. Gannon If you have any questions on this matter, please contact Sikhindra Mitra, License Renewal Project Manager for the Brunswick Steam Electric Plant, Units 1 and 2, by telephone at 301-415-2783 or via electronic mail at SKM1@nrc.gov.

Sincerely,

/RA/

Pao-Tsin Kuo, Program Director License Renewal and Environmental Impacts Program Division of Regulatory Improvement Programs Office of Nuclear Reactor Regulation Docket Nos. 50-324 and 50-325

Enclosure:

As stated cc w/encls: See next page DISTRIBUTION: See next page ADAMS accession no.: ML043360165 Document Name: E:\Filenet\ML043360165.wpd OFFICE PM:RLEP LA:RLEP SC:RLEP OGC (NLO) w/comments PD: RLEP NAME NDudley YEdmonds SLee MLemoncelli PTKuo DATE 11/23/04 11/23/04 11/24/04 11/24/04 11/30/04 OFFICIAL RECORD COPY

Brunswick Steam Electric Plant, Units 1 and 2 cc:

Mr. Steven R. Carr Mr. Robert P. Gruber Associate General Counsel - Legal Executive Director Department Public Staff - NCUC Progress Energy Service Company, LLC 4326 Mail Service Center Post Office Box 1551 Raleigh, North Carolina 27699-4326 Raleigh, North Carolina 27602-1551 Mr. T.P. Cleary Mr. David R. Sandifer, Chairperson Director - Site Operations Brunswick County Board of Commissioners Brunswick Steam Electric Plant Post Office Box 249 Progress Energy Carolina, Inc.

Bolivia, North Carolina 28422 Post Office Box 10429 Southport, North Carolina 28461-0429 Resident Inspector U. S. Nuclear Regulatory Commission Mr. Norman R. Holden, Mayor 8470 River Road City of Southport Southport, North Carolina 28461 201 East Moore Street Southport, North Carolina 28461 Mr. John H. ONeill, Jr.

Shaw, Pittman, Potts & Trowbridge Mr. Warren Lee 2300 N Street NW Emergency Management Director Washington, DC 20037-1128 New Hanover County Department of Emergency Management Ms. Beverly Hall, Section Chief Post Office Box 1525 Division of Radiation Protection Wilmington, North Carolina 28402-1525 N.C. Department of Environment and Natural Resources Mr. Chris L. Burton, Manager 3825 Barrett Dr. Performance Evaluation and Raleigh, North Carolina 27609-7721 Regulatory Affairs PEB 7 Progress Energy Mr. David H. Hinds Post Office Box 1551 Plant General Manager Raleigh, North Carolina 27602-1551 Brunswick Steam Electric Plant Carolina Power & Light Company Mr. Edward T. ONeill Post Office Box 10429 Manager - Support Services Southport, North Carolina 28461-0429 Brunswick Steam Electric Plant Carolina Power & Light Company Public Service Commission Post Office Box 10429 State of South Carolina Southport, North Carolina 28461 Post Office Drawer 11649 Columbia, South Carolina 29211 Allen K. Brittain Superintendent, Security Ms. Margaret A. Force Brunswick Steam Electric Plant Assistant Attorney General Progress Energy Carolinas, Inc.

State of North Carolina P.O. Box 10429 Post Office Box 629 Southport, North Carolina 28461-0429 Raleigh, North Carolina 27602

Mr. Michael Heath Brunswick Steam Electric Plant P.O. Box 10429 Southport, North Carolina 28461-0429 Talmage B. Clements Manager - License Renewal Progress Energy 410 South Wilmington Street Raleigh, North Carolina 27602 Mr. Fred Emerson Nuclear Energy Institute 1776 I Street, NW, Suite 400 Washington, DC 20006-3708 Ms. Ilene Brown North Carolina University Wilmington William Randall Library 601 S. College Rd.

Wilmington, NC 28403-5616

Brunswick Units 1 and 2 License Renewal Application Review Schedule November 24, 2004 This schedule may be revised in the future. Please verify meeting dates at the NRC Website:

http://www.nrc.gov/public-involve/public-meetings/meeting-schedule.html Milestone Schedule Actual Receive License Renewal (LR) Application 10/25/04 10/20/04 Federal Register Notice (FRN) Published - Receipt & Availability Review 11/04/04 11/18/04 Public Information Meeting - LR Process & Safety Review Overview 11/04/04 11/04/04 FRN Published - Acceptability/Opportunity for Hearing 11/26/04 FRN Published - Intent/Environmental Scoping Meeting 01/07/05 Deadline for Filing Hearing Requests and Petitions for Intervention 01/25/05 Public Meeting - Environmental Scoping 01/27/05 Public Exit Meeting - Scoping & Screening Methodology Audit 03/03/05 Public Exit Meeting - Aging Management Program(AMP)/Aging Management 03/03/05 Review (AMR) Audit Environmental Scoping Periods Ends 03/11/05 Environmental Requests for Additional information (RAIs) - Issued 04/01/05 Environmental RAIs - Responses Received 05/20/05 Safety RAIs - Issued 05/04/05 Safety RAI - Responses Received 06/03/05 Public Exit Meeting - Scoping & Screening/AMP Inspections 06/24/05 Draft Supplemental Environmental Impact Statement (SEIS) Issued 09/09/05 FRN Published - Availability/Comment on draft SEIS 09/16/05 Public Meeting - draft SEIS 10/20/05 End of draft SEIS Comment Period 12/02/05 Safety Evaluation Report (SER) with Open Item(s) - Issued 12/23/05 ACRS Subcommittee Meeting on SER with Open Item(s) 02/06 SER Open Item(s) - Response(s) Received 02/20/06 Final SEIS - Issued 04/21/06 FRN Published - Availability of Final SEIS 04/28/06 SER - Issued 06/01/06 ACRS Full Committee Meeting on SER 07/06 Decision - Director, NRR (license issued, if approved and no hearing is granted - 22 months) 08/22/06 Commission Decision (if hearing is granted - 30 months) 04/26/07

7590-01-P UNITED STATES NUCLEAR REGULATORY COMMISSION CAROLINA POWER & LIGHT COMPANY BRUNSWICK STEAM ELECTRIC 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-71 AND DPR-62 FOR AN ADDITIONAL 20-YEAR PERIOD DOCKET NOS. 50-325 AND 50-324 The U.S. Nuclear Regulatory Commission (NRC or Commission) is considering an application for the renewal of Operating License Nos. DPR-71 and DPR-62, which authorizes the Carolina Power & Light Company, now doing business as Progress Energy Carolinas, Inc.

(PEC), to operate Brunswick Steam Electric Plant, at 2,923 megawatts thermal for Unit 1, and 2,923 megawatts thermal for Unit 2. The renewed licenses would authorize the applicant to operate the Brunswick Steam Electric Plant, Units 1 and 2, for an additional 20 years beyond the period specified in the current licenses. The current operating license for Brunswick Steam Electric Plant, Unit 1 expires on September 8, 2016, and the current operating license for Brunswick Steam Electric Plant, Unit 2 expires on December 27, 2014.

The Commissions staff has received an application dated October 18, 2004, from Carolina Power & Light Company, filed pursuant to 10 CFR Part 54, to renew the Operating License Nos. DPR-71 and DPR-62 for Brunswick Steam Electric Plant, Units 1 and 2, respectively. A Notice of Receipt and Availability of the license renewal application, Carolina Power & Light Company; Notice of Receipt of Application for Renewal of Brunswick Steam Electric Plant, Units 1 and 2; Facility Operating License Nos. DPR-71 and DPR-62 for an

Additional 20-year Period was published in the Federal Register on November 18, 2004 (69 FR 67611).

The Commissions staff has determined that Carolina Power & Light 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. 50-325 and 50-324 for Operating License Nos. DPR-71 and DPR-62, 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 included in a future 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 the 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 Brunswick Steam Electric 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, the requestors/petitioners shall jointly designate a representative who shall have the authority to act for the requestors/petitioners with respect to that contention. If a requestor/petitioner seeks to adopt the contention of another sponsoring requestor/petitioner, the requestor/petitioner who seeks to adopt the contention must either agree that the sponsoring requestor/petitioner shall act as the representative with respect to that contention, or jointly designate with the sponsoring requestor/petitioner a representative who shall have the authority to act for the requestors/petitioners with respect to that 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. 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 applicant. Attorney for the Applicant: Mr. Steven R.

Carr, Associate General Counsel - Legal Department, Progress Energy Service Company, LCC, Post Office Box 1551, Raleigh, North Carolina, 27602-1551.

Non-timely 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 Website. Copies of the application to renew the operating licenses for Brunswick Steam Electric 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 20852-2738, and on the NRC's webpage 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. 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 ML043060444. (Note: Public access to ADAMS has been temporarily suspended so that security reviews of publicly available documents may be performed and potentially sensitive information removed. Please check the NRCs Website for updates on the resumption of ADAMS access.) 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 Brunswick Steam Electric Plant, Units 1 and 2, at the North Carolina University at Wilmington, William Randall Library, 601 South College Road, Wilmington, North Carolina.

Dated at Rockville, Maryland, this 30th day of November, 2004.

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

DISTRIBUTION: Ltr. to C. Gannon, Re: Brunswick Steam Electric Plant, Dated:

November 30, 2004 Adams accession no.: ML043360165 HARD COPY RLEP RF N. Dudley (PM)

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