ML11206A206

Determination of Acceptability and Sufficiency for Docketing, Proposed Review Schedule, and Opportunity for a Hearing Regarding the Application from Exelon Generation Company, LLC for Renewal of the Operating Licenses for Limerick Generatin

ML11206A206
Person / Time
Site:	Limerick
Issue date:	08/12/2011
From:	Brian Holian License Renewal Projects Branch 1
To:	Gallagher M Exelon Generation Co
Kuntz R
Shared Package
ML11206A209	List: ML11206A206
References
Download: ML11206A206 (15)

Text

REGU UNITED STATES l...q; o NUCLEAR REGULATORY COMMISSION 1'"

("> WASHINGTON, D.C. 20555-0001 o

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Mr. Michael Gallagher, Vice President License Renewal Projects Limerick Generating Station, Units 1 and 2 Exelon Generation Company, LLC 200 Exelon Way Kennett Square, PA 19348

SUBJECT:

DETERMINATION OF ACCEPTABILITY AND SUFFICIENCY FOR DOCKETING, PROPOSED REVIEW SCHEDULE, AND OPPORTUNITY FOR A HEARING REGARDING THE APPLICATION FROM EXELON GENERATION COMPANY, LLC FOR RENEWAL OF THE OPERATING LICENSES FOR LIMERICK GENERATING STATION, UNITS 1 AND 2

Dear Mr. Gallagher:

By letter dated June 22, 2011, the U.S_ Nuclear Regulatory Commission (NRC or the staff) received the Exelon Generation Company, LLC application for renewal of Operating Licenses NPF-39 and NPF-85 for Limerick Generating Station, Units 1 and 2 (LGS). Notice of receipt of this application was published in the Federal Register on July 26, 2011 (76 FRN 44624). The purpose of this letter is to provide the results of the staffs acceptance review of the license renewal application for LGS. The acceptance review determines whether the application contains sufficient information to allow the staff to proceed with the safety and environmental reviews.

The staff has reviewed your application following the guidance in NUREG-1800, Revision 2,

'Standard Review Plan for Review of License Renewal Applications (LRA) for Nuclear Power Plants:' and NUREG-1555, "Standard Review Plans for Environmental Reviews for Nuclear Power Plants:' As a result, the staff has determined that the application is sufficient and acceptable for docketing in accordance with Title 10 of the Code of Federal Regulations (10 CFR) Sections 2.101,51.45, 51.53(c), 54.19, 54.21, 54.22, and 54.23. However, the staffs determination does not preclude requests for additional information (RAls) as the review proceeds. Additionally, during its review of the LRA, the staff noted that an environment of

'~r-Indoor, Uncontrolled'was applied to a significant number of LRA Table 2 aging management review tine items that cite no aging effects or need for an aging management program. However, the LRA definition of "Air - Indoor, Uncontrolled' encompasses several environments (e.g., "Air with Steam or Water Leakage:"'Air with Leaking Secondary-Side Water and/or Steam:' or "Condensatiori') that the staff believes would introduce aging effects requiring an appropriate aging management program be applied, consistent with NUREG-1801, "Generic Aging Lessons Learned (GALL) Report:' The staff plans to pursue the resolution of this issue using the RAI process.

M. Gallagher - 2 This letter forwards the staff's safety and environmental review schedule for review of the LGS LRA (Enclosure 1). The NRC staff will follow established review procedures and the enclosed schedule to complete the reviews required by 10 CFR Parts 51 and 54. Milestones for hearing activities are not included in the enclosed schedule because these dates, if needed, would be established by the Commission or the Atomic Safety and licensing Board, should a hearing be requested and granted. We would like to emphasize that the staff's review of your LRA will be very detailed and thorough. The staff will make every effort to meet the scheduled milestones; thus, your responses to the staff's RAls, must be complete and provided in a timely manner.

We request that you inform the NRC staff as early as possible should potential delays arise in your support of the schedule.

Finally, we have also enclosed a copy of the notice related to your application that is being sent to the Office of the Federal Register for publication (Enclosure 2). This notice announces 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. Robert F. Kuntz, project manager for the review of the LGS LRA, by telephone at 301-415-3733 or via e-mail at Robert.Kuntz@nrc.gov.

Sincerely,

~~

ian

~

E. Holian, Director

. Division of License Renewal Office of Nuclear Reactor Regulation Docket Nos. 50-352 and 50-353

Enclosures:

As stated cc w/encls: Listserv

ENCLOSURE 1 LIMERICK GENERATING STATION, UNITS 1 AND 2 LICENSE RENEWAL APPLICATION REVIEW SCHEDULE

LIMERICK GENERATING STATION, UNITS 1 AND 2 LICENSE RENEWAL APPLICATION REVIEW SCHEDULE Milestone Scheduled Actual Receive license renewal application (LRA) 06/22/11 6/22/11 Publish Federal Register Notice (FRN) - LRA availability 07/11 7/26/11 Publish FRN - acceptance/rejection and opportunity for hearing 08/2011 Publish FRN - environmental scoping meeting 08/2011 Public Meeting - License Renewal Overview and Environmental Scoping 09/2011 meeting

~udit - Scoping & Screening Methodology 09/19-23/11 Deadline for filing hearing requests and petitions for intervention 10/13/2011 Environmental scoping period ends 10/21/2011

~udit - Aging Management Programs 10/03-14/11

~udit - Environmental 11/07-10/11 Inspection - Regional TBD Issue safety evaluation report (SER) with open items 07/2012 Issue draft supplemental environmental impact statement (SEIS) 08/2012 Publish FRN - draft SEIS available for comments 08/2012 Advisory Committee on Reactor Safeguards (ACRS) Subcommittee 09/2012 meeting Public Meeting - draft SEIS meeting 09/2012 End of draft SEIS comment period 10/2012 Issue final SER 01/2013 ACRS full committee meeting 02/2013 Issue final SEIS 02/2013 U.S. Environmental Protection Agency FRN Published - availability of final 03/2013 SEIS Decision - Director, NRR (22 months if no hearing) 04/2013 Commission decision (30 months if hearing is granted) TBD

ENCLOSURE 2 UNITED STATES NUCLEAR REGULATORY COMMISSION NOTICE OF ACCEPTANCE FOR DOCKETING OF THE APPLICATION NOTICE OF OPPORTUNITY FOR HEARING REGARDING RENEWAL OF FACILITY OPERATING LICENSE NOS. NPF-39 AND NPF-85 FOR AN ADDITIONAL 20-YEAR PERIOD EXELON GENERATION COMPANY, LLC LIMERICK GENERATING STATION DOCKET NUMBERS 50-352 AND 50-353

[7590-01-P]

UNITED STATES NUCLEAR REGULATORY COMMISSION NOTICE OF ACCEPTANCE FOR DOCKETING OF THE APPLICATION AND NOTICE OF OPPORTUNITY FOR HEARING REGARDING RENEWAL OF FACILITY OPERATING LICENSE NOS. NPF-39 AND NPF-85 FOR AN ADDITIONAL 20-YEAR PERIOD EXELON GENERATION COMPANY, LLC LIMERICK GENERATING STATION DOCKET NUMBERS 50-352 AND 50-353 The U.S. Nuclear Regulatory Commission (NRC or the Commission) is conSidering an application for the renewal of operating licenses NPF-39 and NPF-85, which authorizes Exelon Generation Company, LLC (EXELON), to operate the Limerick Generating Station (LGS) Unit 1 at 3515 megawatts thermal and LGS Unit 2 at 3515 megawatts thermal, respectively. The renewed licenses would authorize the applicant to operate LGS, Units 1 and 2, for an additional 20 years beyond the period specified in the current license. LGS Units 1 and 2 are located in Limerick, PA; the current operating license for LGS Unit 1 expires on October 26, 2024, and LGS Unit 2 expires on June 22, 2029.

EXELON submitted the application dated June 22, 2011, pursuant to Title 10, Part 54, of the Code of Federal Regulations (10 CFR Part 54), to renew operating licenses NPF-39 and NPF-85. A notice of receipt and availability of the license renewal application (LRA) was published in the Federal Register on July 26, 2011 (76 FRN 44624).

-2 The Commission's staff has determined that EXELON has submitted sufficient information in accordance with 10 CFR Sections 54.19,54.21, 54.22, 54.23, 51.45, and 51.53(c), to enable the staff to undertake a review of the application, and that the application is therefore acceptable for docketing. The current Docket Numbers, 50-352 and 50-353, for operating license numbers NPF-39 and NPF-85, respectively, will be retained. The determination to accept the LRA for docketing does not constitute a determination that a renewed license should be issued, and does not preclude the NRC staff from requesting additional information as the review proceeds.

Before issuance of the requested renewed licenses, the NRC will have made the findings required by the Atomic Energy Act of 1954, as amended (the Act), and the Commission's rules and regulations. In accordance with 10 CFR 54.29, the NRC may 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 will 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," dated May 1996. In considering the LRA, the Commission must find that the applicable requirements of Subpart A of 10 CFR Part 51 have been satisfied, and that matters raised under 10 CFR 2.335 have been addressed. Pursuant to 10 CFR 51.26, and as part of the

- 3 environmental scoping process, the staff intends to hold a public scoping meeting. Detailed information regarding the environmental scoping meeting will be the subject of a separate Federal Register notice.

Within 50 days after the date of publication of this Federal Register notice, 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 license. Requests for a hearing or petitions for leave to intervene must be filed in accordance with the Commission's "Rules of Practice for Domestic Licensing Proceedings and Issuance of Orders" in 10 CFR Part 2. Interested persons should consult a current copy of 10 CFR 2.309, which is available at the Commission's Public Document Room (PDR), located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland 20852 and is accessible from the NRC's Agencywide Documents Access and Management System (ADAMS) Public Electronic Reading Room on the Internet at http://www.nrc.gov/reading-rm/adams.html. Persons who do not have access to the Internet or who encounter problems in accessing the documents located in ADAMS should contact the NRC's PDR reference staff by telephone at 1-800-397-4209, or 301-415-4737, or bye-mail at PDR. Resource@nrc.gov. If a request for a hearing/petition for leave to intervene is ffled within the 50-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 Panel 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 50-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 license without further notice.

- 4 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 requestor's/petitioner's 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 requestor's/petitioner's 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 basis for 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, 1To 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 applicant's counsel to discuss the need for a protective order.

-5 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.

The Commission requests that each contention be given a separate numeric or alpha designation within one of the following groups: (1) technical (primarily related to safety concerns); (2) environmental; or (3) miscellaneous.

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.

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 hearing or a petition for leave to intervene must be filed in accordance with the NRC's E-Filing rule, which the NRC promulgated in August 2007, 72 Fed. Reg. 49139 (Aug. 28, 2007). The E-Filing process requires participants to submit and serve documents over the internet or in some cases to mail copies on electronic storage media.

Participants may not submit paper copies of their filings unless they seek a waiver in accordance with the procedures described below.

To comply with the procedural requirements of E-Filing, at least ten (10) days prior to the filing deadline, the petitioner/requestor must contact the Office of the Secretary bye-mail at HEARINGDOCKET@NRC.GOV, or by calling (301) 415-1677, to request (1) a digitallD certificate, which allows the participant (or its counselor representative) to digitally sign" documents and access the E-Submittal server for any proceeding in which it is participating; and/or (2) creation of an electronic docket for the proceeding (even in instances in which the petitioner/requestor (or its counselor representative) already holds an NRC-issued digitallD

-6 certificate). Each petitionerlrequestor will need to download the Workplace Forms Viewer' to access the Electronic Information Exchange (EIE), a component of the E-Filing system. The Workplace Forms Viewer' is free and is available at http://www.nrc.gov/site help/e-submittals/install-viewer.html. Information about applying for a digitallD certificate is available on NRC's public website at http://www.nrc.gov/site-help/e-submittals/apply certificates.html.

Once a petitioner/requestor has obtained a digitallD certificate, had a docket created, and downloaded the EIE viewer, it can then submit a request for hearing or petition for leave to intervene. Submissions should be in Portable Document Format (PDF) in accordance with NRC guidance available on the NRC's public website at http://www.nrc.gov/site-help/e submittals.html. A filing is considered complete at the time the filer submits its documents through EIE. To be timely, an electronic filing must be submitted to the EIE system no later than 11 :59 p.m. Eastern Time on the due date. Upon receipt of a transmission, the E-Filing system time-stamps the document and sends the submitter an e-mail notice confirming receipt of the document. The EIE system also distributes an e-mail notice that provides access to the document to the NRC Office of the General Counsel and any others who have advised the Office of the Secretary that they wish to participate in the proceeding, so that the filer need not serve the documents on those participants separately. Therefore, applicants and other participants (or their counselor representative) must apply for and receive a digitallD certificate before a hearing request/petition to intervene is filed so that they can obtain access to the document via the E-Filing system.

A person filing electronically may seek assistance through the "Contact Us" link located on the NRC's website at http://www.nrc.gov/site-help/e-submittals.htmlor by calling the NRC's technical help line, which is available between 8:30 a.m. and 4:15 p.m., Eastern Time, Monday through Friday. The help line number is (800) 397-4209 or locally, (301) 415-4737.

-7 Participants who believe that they have a good cause for not submitting documents electronically must file a motion, in accordance with 10 CFR 2.302(g), with their initial paper filing requesting authorization to continue to submit documents in paper format. Such filings must be submitted 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; or (2) courier, express mail, or expedited delivery service to the Office of the Secretary, One White Flint North, 11555 Rockville Pike (sixteenth floor),

Rockville, Maryland 20852, Attention: Rulemaking and Adjudications Staff. Participants filing a document in this manner are responsible for serving the document on all other participants.

Filing is considered complete by first-class mail as of the time of deposit in the mail, or by courier, express mail, or expedited delivery service upon depositing the document with the provider of the service.

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 and/or request should be granted and/or the contentions should be admitted based on a balancing of the factors specified in 10 CFR § 2.309(c)(1 )(i)-(viiO. To be timely, filings must be submitted no later than 11 :59 p.m. Eastern Time on the due date.

Documents submitted in adjudicatory proceedings will appear in the NRC's electronic hearing docket which is available to the public at http://ehd1.nrc.gov/EHD/, unless excluded pursuant to an order of the Commission, an Atomic Safety and Licensing Board, or a Presiding Officer. Participants are requested not to include personal privacy information, such as social security numbers, home addresses, or home phone numbers in their filings unless an NRC Regulation or other law requires submission of such information. With respect to copyrighted works, except for limited excerpts that serve the purpose of the adjudicatory filings and would

-8 constitute a Fair Use application, participants are requested not to include copyrighted materials in their submission.

Detailed information about the license renewal process can be found under the Nuclear Reactors icon at http://www.nrc.gov/reactors/operating/licensing/renewal.htmlon the NRC's website. Copies of the application to renew the operating license for LGS 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 at http://www.nrc.govlreactors/operatingllicensinglrenewallapplications.html. the NRC's website while the application is under review. The application may be accessed in ADAMS through the NRC's Public Electronic Reading Room on the Internet at http://www.nrc.gov/reading-rm/adams.htmlunder ADAMS Accession Number ML111790800.

As stated above, persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS may contact the NRC's Public Document Room (PDR) reference staff by telephone at 1-800-397-4209 or 301-415-4737, or bye-mail to PDR. Resource@nrc.gov.

The NRC staff has verified that a copy of the license renewal application is also available to local residents near LGS, at the Pottstown Regional Public Library, 500 East High Street, Pottstown, PA 19464-5656.

Dated at Rockville, Maryland, this [DAY] day of [Month, Year].

FOR THE NUCLEAR REGULATORY COMMISSION IhJ~i~a)JdJb~/,ty Melanie A Galloway, Deputy Director Division of License Renewal Office of Nuclear Reactor Regulation

Package: ML11206A209, Letter: ML11206A206, FRN: ML11222A052

• concurrence via e-mail iOFFICE LA: DLR/RPB1* PM: DLRlRPB1 BC: DLR/RPB1 BC: DLRlRPB2 NAME SFigueroa RKuntz DMorey DWrona DATE 07/28/2011 08/04/2011 08/04/2011 08/05/2011 OFFICE OGC (NLO) LA: DLR/RPB1 DD:DLR NAME BMizuno SFigueroa BHolian I (MGaliowav for)

DATE 08/08/2011 08/09/2011 08/12/2011 Letter to Michael Gallagher from Brian E. Holian dated August 12, 2011

SUBJECT:

DETERMINATION OF ACCEPTABILITY AND SUFFICIENCY FOR DOCKETING, PROPOSED REVIEW SCHEDULE, AND OPPORTUNITY FOR A HEARING REGARDING THE APPLICATION FROM EXELON GENERATION COMPANY, LLC FOR RENEWAL OF THE OPERATING LICENSES FOR LIMERICK GENERATING STATION, UNITS 1 AND 2 DISTRIBUTION:

HARD COPY:

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