ML083330066

Determination of Acceptability and Sufficiency for Docketing and Opportunity for a Hearing Regarding the Application from Nebraska Public Power District, for Renewal of the Operating License for the Cooper Nuclear Station (TAC MD9763 and MD

ML083330066
Person / Time
Site:	Cooper
Issue date:	12/19/2008
From:	Brian Holian Division of License Renewal
To:	Minahan S Nebraska Public Power District (NPPD)
Sayoc, Manny, NRR/DLR/RLRB 415-1924
References
7590-01-P, TAC MD9763, TAC MD9791
Download: ML083330066 (14)

Text

December 19, 2008 Mr. Stewart B. Minahan Chief Nuclear Officer, Vice President - Nuclear Cooper Nuclear Station Nebraska Public Power District 72676 648A Avenue Brownville, NE 68321

SUBJECT:

DETERMINATION OF ACCEPTABILITY AND SUFFICIENCY FOR DOCKETING AND OPPORTUNITY FOR A HEARING REGARDING THE APPLICATION FROM NEBRASKA PUBLIC POWER DISTRICT, FOR RENEWAL OF THE OPERATING LICENSE FOR THE COOPER NUCLEAR STATION (TAC NOS.

MD9763 AND MD9737)

Dear Mr. Minahan:

By letter dated September 24, 2008, the U.S. Nuclear Regulatory Commission (NRC) received the Nebraska Public Power District (NPPD) application for renewal of operating license DPR-46 for the Cooper Nuclear Station (CNS), in accordance with Title 10 of the Code of Federal Regulations (CFR) Section 54.17. Notice of receipt of this application was published in the Federal Register on November 17, 2008 (73 FR 67896). The purpose of this letter is to provide the results of the NRC staff's acceptance review of the license renewal application for CNS.

The acceptance review determines whether the application contains sufficient information to allow the NRC staff to proceed with the safety and environmental review.

The NRC staff has reviewed your application following the guidance in NUREG-1800, Revision 1, Standard Review Plan for Review of License Renewal Applications for Nuclear Power Plants, and NUREG-1555, Standard Review Plans for Environmental Reviews for Nuclear Power Plants. As a result, the NRC staff has determined that the application is sufficiently complete and acceptable for docketing, in accordance with 10 CFR Sections 2.101, 54.19, 54.21, 54.22, 54.23, 51.45, and 51.53(c). However, the staffs determination does not preclude requests for additional information (RAIs) as the review proceeds.

The NRC staff will follow established review procedures required by Title 10 of the Code of Federal Regulation, Part 51 and 54. We would like to emphasize that the review of your LRA will be very detailed and through. When the safety and environmental review schedule for the CNS application is finalized, it will be transmitted in a subsequent letter.

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 1). This notice announces the opportunity to request a hearing and to file a petition for leave to intervene.

S. Minahan If you have any questions, please contact Project Managers Tam Tran by telephone at (301) 415-3617 or by email at tam.tran@nrc.gov or Emmanuel Sayoc by telephone at (301) 415-1924 or by email at emmanuel.sayoc@nrc.gov, for the review of the CNS license renewal application.

Sincerely,

/RA/

Brian E. Holian, Director Division of License Renewal Office of Nuclear Reactor Regulation Docket No. 50-298

Enclosures:

1. Federal Register Notice cc w/encls: See next page

ML083330066 OFFICE LA:DLR PM:RPB2:DLR PM:RPB1:DLR BC:RPB1:DLR NAME SFigueroa ESayoc TTran DPelton DWrona for DATE 12/16/08 12/04/08 12/16/08 12/19/08 OFFICE OGC (NLO) D:DLR NAME DRoth BHolian DATE 12/18/08 12/19/08 Cooper Nuclear Station cc:

Mr. Ronald D. Asche Mr. H. Floyd Gilzow President and Chief Executive Officer Deputy Director for Policy Nebraska Public Power District Missouri Department of Natural Resources 1414 15th Street P.O. Box 176 Columbus, NE 68601 Jefferson City, MO 65102-0176 Mr. Gene Mace Senior Resident Inspector Nuclear Asset Manager U.S. Nuclear Regulatory Commission Nebraska Public Power District P.O. Box 218 P.O. Box 98 Brownville, NE 68321 Brownville, NE 68321 Regional Administrator, Region IV Mr. John C. McClure U.S. Nuclear Regulatory Commission Vice President and General Counsel 612 E. Lamar Blvd., Suite 400 Nebraska Public Power District Arlington, TX 76011-4125 P.O. Box 499 Columbus, NE 68602-0499 Director, Missouri State Emergency Management Agency Mr. David Van Der Kamp P.O. Box 116 Licensing Manager Jefferson City, MO 65102-0116 Nebraska Public Power District P.O. Box 98 Chief, Radiation and Asbestos Brownville, NE 68321 Control Section Kansas Department of Health Mr. Michael J. Linder, Director and Environment Nebraska Department of Environmental Bureau of Air and Radiation Quality 1000 SW Jackson P.O. Box 98922 Suite 310 Lincoln, NE 68509-8922 Topeka, KS 66612-1366 Chairman Ms. Melanie Rasmussen Nemaha County Board of Commissioners Radiation Control Program Director Nemaha County Courthouse Bureau of Radiological Health 1824 N Street Iowa Department of Public Health Auburn, NE 68305 Lucas State Office Building, 5th Floor 321 East 12th Street Ms. Julia Schmitt, Manager Des Moines, IA 50319 Radiation Control Program Nebraska Health & Human Services R & L Mr. Keith G. Henke, Planner Public Health Assurance Division of Community and Public Health 301 Centennial Mall, South Office of Emergency Coordination P.O. Box 95007 930 Wildwood P.O. Box 570 Lincoln, NE 68509-5007 Jefferson City, MO 65102

Cooper Nuclear Station cc:

Mr. Art Zaremba, Director of Nuclear Alan Cox Safety Assurance License Renewal Technical Manager Nebraska Public Power District Entergy Nuclear P.O. Box 98 1448 S.R. 333, N-GSB-45 Brownville, NE 68321 Russellville, AK 72802 Mr. John F. McCann, Director Dave Lach Licensing, Entergy Nuclear Northeast LRP Entergy Project Manager Entergy Nuclear Operations, Inc. Entergy Nuclear 440 Hamilton Avenue 1448 S.R. 333, N-GSB-45 White Plains, NY 10601-1813 Russellville, AK 72802 Mike Boyce Jerry Perry Cooper Strategic Initiatives Manager 500 S. Main Street Cooper Nuclear Station Rock Port, MO 64482 72676 - 648A Avenue Brownville, NB 68321 Yolanda Peck 1008 Central Ave.

Dave Bremer Auburn, NE 68305 License Renewal Project Manager Cooper Nuclear Station Kendall Neiman 72676 - 648A Avenue 830 Central Ave.

Brownville, NB 68321 Auburn, NE 68305 Bill Victor Annie Thomas License Renewal Project Licensing Lead 1522 I Street Cooper Nuclear Station Auburn, NE 68305 72676 - 648A Avenue Brownville, NB 68321 John Chaney 1101 17th Street Jim Loynes Auburn, NE 68305 License Renewal Project Engineer Cooper Nuclear Station Darrell Kruse 72676 - 648A Avenue 2415 McConnell Ave.

Brownville, NB 68321 Auburn, NE 68305 Garry Young License Renewal Manager Entergy Nuclear 1448 S.R. 333, N-GSB-45 Russellville, AK 72802

Cooper Nuclear Station cc:

Daryl J. Obermeyer John Askew 64381 727A Road Regional Administrator Brownville, NE 68321 U.S. EPA Region 7 901 N. 5th Street Sherry Black, Director Kansas City, KS 66101 Auburn Memorial Library 1810 Courthouse Ave. Joann Scheafer, Director Auburn, NE 68305 Nebraska Department of Health & Human Services Board of Brownville, NE 301 Centennial Mall South Attn: Chairman Marty Hayes Lincoln, NE 68509 P.O. Box 67 223 Main Street Doyle Childers, Director Brownville, NE 68321 Missouri Department of Natural Resources P.O. Box 176 Bob Engles Jefferson City, MO 65102 Mayor of Auburn, NE 1101 J Street Mark Miles Auburn, NE 68305 State Historic Preservation Officer Department of Natural Resources Jo Stevens P.O. Box 176 Mayor of Rock Port, MO Jefferson City, MO 65102 500 S. Main Street Rock Port, MO 64482 Michael J. Smith State Historic Preservation Officer John Cochnar Nebraska State Historical Society U.S. Fish and Wildlife Service P.O. Box 82554 Ecological Services Lincoln, NE 68501 Nebraska Field Office 203 West Second Street Grand Island, NE 68801

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 NO. DPR-46 FOR AN ADDITIONAL 20-YEAR PERIOD NEBRASKA PUBLIC POWER DISTRICT COOPER NUCLEAR STATION DOCKET NO. 50-298 The U.S. Nuclear Regulatory Commission (NRC or the Commission) is considering an application for the renewal of operating license DPR-46, which authorizes Nebraska Public Power District (NPPD), to operate the Cooper Nuclear Station (CNS), at 2419 megawatts thermal. The renewed license would authorize the applicant to operate the Cooper Nuclear Station for an additional 20 years beyond the period specified in the current license. CNS is located near Brownville, NE, and its current operating license expires on January 18, 2014.

CNS submitted the application dated September 24, 2008, pursuant to Title 10, Part 54, of the Code of Federal Regulations (10 CFR Part 54), to renew operating license DPR-46 for CNS. A notice of receipt and availability of the license renewal application (LRA) was published in the Federal Register on November 17, 2008 (73 FR 67896).

The Commissions staff has determined that Nebraska Public Power District 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 the ENCLOSURE 1

application is therefore acceptable for docketing. The current Docket No. 50-298, for operating license DPR-46, will be retained. The determination to accept the license renewal application 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 license, the NRC will have made the findings required by the Atomic Energy Act of 1954 (the Act), as amended, and the Commissions rules and regulations. In accordance with 10 CFR 54.29, the NRC may issue a renewed license 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 plants CLB will 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. 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 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 60 days of this notice, any person(s) whose interest may be affected may file a request for hearing/petition to intervene. As required by 10 CFR 2.309, a petition for leave to intervene shall set forth with particularity the interest of the petitioner/requestor in the proceeding, and how that interest may be affected by the results of the proceeding. The petition should specifically explain the reasons why intervention should be permitted with particular reference to the following general requirements: 1) the name, address and telephone number of the requestor or petitioner; 2) the nature of the requestors/petitioners right under the Act to be made a party to the proceeding; 3) the nature and extent of the requestors/petitioners property, financial, or other interest in the proceeding; and 4) the possible effect of any decision or order which may be entered in the proceeding on the requestors/petitioners interest. The petition must also identify 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 petitioner/requestor shall provide a brief explanation of the bases for the contention and a concise statement of the alleged facts or expert opinion which support 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 petition must include 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 amendment under consideration. The contention must be one which, if proven, would entitle the petitioner/requestor to relief. A 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.

petitioner/requestor 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.

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.

All documents filed in NRC adjudicatory proceedings, including a request for hearing, a petition for leave to intervene, any motion or other document filed in the proceeding prior to the submission of a request for hearing or petition to intervene, and documents filed by interested governmental entities participating under 10 CFR 2.315(c), must be filed in accordance with the NRC 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 all adjudicatory 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 an exemption 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 should contact the Office of the Secretary by e-mail at HEARINGDOCKET@NRC.GOV, or by calling (301) 415-1677, to request (1) a digital ID certificate, which allows the participant (or its counsel or 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 counsel or representative) already holds an NRC-issued digital ID

certificate). Each petitioner/ requestor 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 digital ID certificate is available on NRCs public website at http://www.nrc.gov/site-help/e-submittals/apply-certificates.html.

Once a petitioner/requestor has obtained a digital ID 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 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 counsel or representative) must apply for and receive a digital ID 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 using the agencys adjudicatory e-filing system may seek assistance through the Contact Us link located on the NRC website at http://www.nrc.gov/site-help/e-submittals.html or by calling the NRC electronic filing Help Desk, which is available between 8:00 a.m. and 8:00 p.m., Eastern Time, Monday through Friday, excluding government

holidays. The toll-free help line number is (866) 672-7640. A person filing electronically may also seek assistance by sending an e-mail to the NRC electronic filing Help Desk at MSHD.Resource@nrc.gov.

Participants who believe that they have a good cause for not submitting documents electronically must file an exemption request, in accordance with 10 C.F.R. 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, Sixteenth Floor, One White Flint North, 11555 Rockville, Pike, 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 C.F.R. § 2.309(c)(1)(i)-(viii).

Documents submitted in adjudicatory proceedings will appear in NRC's electronic hearing docket which is available to the public at http://ehd.nrc.gov/EHD_Proceeding/home.asp, 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. With respect to copyrighted works, except for limited excerpts that serve the purpose of the adjudicatory filings and would constitute a Fair Use application, Participants are requested not to include copyrighted materials in their submissions.

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 license for CNS, Unit 1, is available for public inspection at the Commissions PDR, located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, MD 20852-2738, and at http://www.nrc.gov/reactors/operating/licensing/renewal/applications.html, the NRCs Website while the application is under review. The application may be accessed in ADAMS through the NRCs Public Electronic Reading Room on the Internet at http://www.nrc.gov/reading-rm/adams.html under ADAMS Accession Number ML083030227. 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 Public Document Room (PDR) Reference staff by telephone at 1-800-397-4209 or 301-415-4737, or by e-mail to PDR@nrc.gov.

The NRC staff has verified that a copy of the license renewal application is also available to local residents near CNS, at the Auburn Memorial Library, 1810 Courthouse Avenue, Auburn, NE 68305.

The applicants counsel: John C. McClure, Nebraska Public Power District, 1414 15th Street Columbus, NE 68602.

Dated at Rockville, Maryland, this 19th day of December, 2008.

FOR THE NUCLEAR REGULATORY COMMISSION

/RA/

Brian E. Holian, Director Division of License Renewal Office of Nuclear Reactor Regulation