ML040680968

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Determination of Acceptability and Sufficiency for Docketing, Proposed Review Schedule, and Opportunity for a Hearing Regarding the Applications from Dominion Nuclear Connecticut, Inc. for Renewal Millstone Power Station, Units 2 & 3
ML040680968
Person / Time
Site: Millstone  Dominion icon.png
Issue date: 03/08/2004
From: Kuo P
NRC/NRR/DRIP/RLEP
To: Christian D
Dominion Nuclear Connecticut
Kuo PT, NRR/DRIP/RLEP, 415-1183
References
TAC MC1825, TAC MC1826
Download: ML040680968 (13)


Text

March 8, 2004 Mr. David A. Christian Senior Vice President and Chief Nuclear Officer Dominion Nuclear Connecticut, Inc.

Innsbrook Technical Center 5000 Dominion Boulevard Glen Allen, VA 23060-6711

SUBJECT:

DETERMINATION OF ACCEPTABILITY AND SUFFICIENCY FOR DOCKETING, PROPOSED REVIEW SCHEDULE, AND OPPORTUNITY FOR A HEARING REGARDING THE APPLICATIONS FROM DOMINION NUCLEAR CONNECTICUT, INC. FOR RENEWAL OF THE OPERATING LICENSES FOR THE MILLSTONE POWER STATION, UNITS 2 AND 3 (TAC NOS. MC1825 AND MC1826)

Dear Mr. Christian:

On January 22, 2004, the U.S. Nuclear Regulatory Commission (NRC) received Dominion Nuclear Connecticut, Inc. applications for renewal of Operating Licenses DPR-65 and NPF-49 for the Millstone Power Station, Units 2 and 3, respectively. Notice of receipt of these applications were published in the Federal Register on February 3, 2004 (69 FR 5197).

The NRC staff has determined that the Dominion Nuclear Connecticut, Inc. has submitted sufficient information that your applications are 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 applications (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 applications that are 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.

Mr. David A. Christian If you have any questions on this matter, please contact Mr. Russell Arrighi License Renewal Project Manager for the Millstone Power Station, Units 2 and 3, by telephone at 301-415-3936 or via electronic mail at rja1@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. 50-336 and 50-423

Enclosures:

As stated cc w/encls: See next page

Mr. David A. Christian If you have any questions on this matter, please contact Mr. Russell Arrighi License Renewal Project Manager for the Millstone Power Station, Units 2 and 3, by telephone at 301-415-3936 or via electronic mail at rja1@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. 50-336 and 50-423

Enclosures:

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

See next page Accession no.:

Document Name: C:\ORPCheckout\FileNET\ML040680968.wpd Accession No: ML040680968 OFFICE LA:RLEP PM:RLEP OGC SC:RLEP-A PD:RLEP NAME M. Jenkins R. Arrighi C. Marco S. Lee PT Kuo DATE 3/3/04 3/3/04 3/4/04 3/8/04 3/8/04 OFFICIAL RECORD COPY

DISTRIBUTION: Dated: March 8, 2004 Accession No: ML040680968 HARD COPY RLEP RF R. Arrighi 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 J. Moore R. Weisman M. Mayfield A. Murphy S. Smith (srs3)

S. Duraiswamy Y. L. (Renee) Li RLEP Staff J. Eads V. Nerses C. Marco D. Screnci, RI OPA

MILLSTONE, UNITS 2 AND 3, LICENSE RENEWAL APPLICATIONS REVIEW SCHEDULE Milestone Schedule Actual Receive license renewal applications 01/22/04 01/22/04 Federal register Notice (FRN) published for receipt and availability 02/03/04 02/03/04 Public Meeting - Safety review overview 02/17/04 02/17/04 FRN published for acceptance/rejection/opportunity for hearing 03/12/04 FRN published for intent/environmental scoping meeting 04/02/04 Scoping and screening methodology audit complete 05/07/04 Deadline for filing hearing requests and petitions for intervention 05/11/04 Public Meeting - Environmental scoping meeting 05/18/04 Environmental scoping period ends 06/04/04 Environmental requests for additional information (RAIs) issued 07/02/04 Regional scoping inspection complete 07/30/04 GALL audits complete 08/04 Final set of safety RAIs issued 08/16/04 Environmental RAIs responses received 08/20/04 Final set of safety RAI responses received 09/17/04 Regional aging management program inspection complete 10/01/04 Draft supplemental environmental impact statement (SEIS) issued 12/10/04 FRN published for availability/comment on draft SEIS 12/17/04 Regional Third Optional Inspection complete TBD Public Meeting to discuss draft SEIS 01/12/05 Safety evaluation report (SER) with open items issued 02/24/05 End of draft SEIS comment period 03/02/05 Advisorary Committee on Reactor Safeguards (ACRS) Subcommittee 04/05 meeting on SER with open items SER open items responses received 04/21/05 Final SEIS issued 07/22/05 FRN published for availability of final SEIS 07/29/05 Regional Administers letter issued 08/05 SER issued 08/02/05 ACRS Full Committee meeting on SER 09/05 ACRS letter issued 09/05 Commission Paper with staff recommendations 04/22/06 Commission decision (30 months) 07/22/06 Enclosure 1

7590-01-P UNITED STATES NUCLEAR REGULATORY COMMISSION DOMINION NUCLEAR CONNECTICUT, INC.

MILLSTONE POWER STATION, UNITS 2 AND 3 NOTICE OF ACCEPTANCE FOR DOCKETING OF THE APPLICATIONS AND NOTICE OF OPPORTUNITY FOR HEARING REGARDING RENEWAL OF FACILITY OPERATING LICENSE NOS. DPR-65 AND NPF-49 FOR AN ADDITIONAL 20-YEAR PERIOD DOCKET NOS. 50-336 AND 50-423 The U.S. Nuclear Regulatory Commission (NRC or the Commission) is considering applications for the renewal of Operating License Nos. DPR-65 and NPF-49, which authorize the Dominion Nuclear Connecticut, Inc., to operate the Millstone Power Station at 2700 megawatts thermal for Unit 2 and at 3411 megawatts thermal for Unit 3, respectively. The renewed licenses would authorize the applicant to operate Millstone Power Station, Units 2 and 3, for an additional 20-years beyond the period specified in the current licenses. The current operating license for the Millstone Unit 2 (DRP-65) expires on July 31, 2015; the current operating license for Millstone Unit 3 expires on November 25, 2025.

On January 22, 2004, the Commissions staff received applications from Dominion Nuclear Connecticut, Inc. filed pursuant to 10 CFR Part 54, to renew the Operating License Nos. DPR-65 and NPF-49 for Millstone Power Station, Units 2 and 3, respectively. A Notice of Receipt and Availability of the license renewal applications, Dominion Nuclear Connecticut, Inc., Notice of Receipt and Availability of Application for Renewal of Millstone Power Station, Units 2 and 3, Facility Operating License Nos. DPR-65 and NPF-49 for Additional 20-Year Period, was published in the Federal Register on February 3, 2004 (69 FR 5197).

Enclosure 2

The Commissions staff has determined that Dominion Nuclear Connecticut, Inc. 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. 50-336 and 50-423 for Operating License Nos. DPR-65 and NPF-49, respectively, will be retained. The docketing of the renewal applications 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 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. 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 the NRC Web site, 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 Atomic Energy 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. 1Contentions 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.

Each contention shall be given a separate numeric or alpha designation within one of the following groups:

1 To the extent that the applications contain attachments and supporting documents that are not publically available because they are asserted to contain safeguards or proprietary information, petitioners desiring access to this information should contact the applicant or applicants counsel and discuss the need for a protective order.

1. Technical - - primarily concerns/issues relating to technical and/or health and safety matters discussed or referenced in the applicants safety analysis for the Millstone Power Station Unit 2 and Unit 3 license renewal applications.
2. Environmental - - primarily concerns issues relating to matters discussed or referenced in the Environmental Report for the license renewal applications.
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, 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, D.C. 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, D.C., 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, D.C. 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.

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 at http://www.nrc.gov/reactors/operating/licensing/renewal.html on the NRCs Web page. Copies of the applications to renew the operating licenses for Millstone Power Station, Units 2 and 3, 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 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. 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 ML0402701666. Persons who do not have access to ADAMS or if there are problems in accessing the documents located in ADAMS may contact the NRC Public Document Room 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 applications is also available to local residents near the Millstone Power Station at the Waterford Public Library, 49 Rope Ferry Road, Waterford, Connecticut 06385-2806, and at the Three Rivers Community College, Thames River Campus, 574 New London Turnpike, Norwich, Connecticut 06360.

Dated at Rockville, Maryland, this the 8th day of March 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

Millstone Power Station, Units 2 and 3 cc: Senior Resident Inspector Lillian M. Cuoco, Esquire Millstone Power Station Senior Counsel c/o U.S. Nuclear Regulatory Commission Dominion Resources Services, Inc. P. O. Box 513 Rope Ferry Road Niantic, CT 06357 Waterford, CT 06385 Mr. G. D. Hicks Edward L. Wilds, Jr., Ph.D. Director - Nuclear Station Safety Director, Division of Radiation and Licensing Department of Environmental Protection Dominion Nuclear Connecticut, Inc.

79 Elm Street Rope Ferry Road Hartford, CT 06106-5127 Waterford, CT 06385 Regional Administrator, Region I Ms. Nancy Burton U.S. Nuclear Regulatory Commission 147 Cross Highway 475 Allendale Road Redding Ridge, CT 00870 King of Prussia, PA 19406 Mr. William D. Meinert First Selectmen Nuclear Engineer Town of Waterford Massachusetts Municipal Wholesale 15 Rope Ferry Road Electric Company Waterford, CT 06385 Moody Street P.O. Box 426 Mr. P. J. Parulis Ludlow, MA 01056 Manager - Nuclear Oversight Dominion Nuclear Connecticut, Inc. Mr. J. Alan Price Rope Ferry Road Site Vice President Waterford, CT 06385 Dominion Nuclear Connecticut, Inc.

Rope Ferry Road Mr. W. R. Matthews Waterford, CT 06385 Senior Vice President - Nuclear Operations Dominion Nuclear Connecticut, Inc. Mr. Chris L. Funderburk Rope Ferry Road Director, Nuclear Licensing and Waterford, CT 06385 Operations Support Dominion Resources Services, Inc.

Mr. John Markowicz Innsbrook Technical Center Co-Chair 5000 Dominion Boulevard Nuclear Energy Advisory Council Glen Allen, VA 23060-6711 9 Susan Terrace Waterford, CT 06385 Mr. David W. Dodson Licensing Supervisor Mr. Evan W. Woollacott Dominion Nuclear Connecticut, Inc.

Co-Chair Rope Ferry Road Nuclear Energy Advisory Council Waterford, CT 06385 128 Terrys Plain Road Simsbury, CT 06070

Millstone Power Station, Units 2 and 3 cc:

Mr. William R. Watson, Jr.

David R. Lewis Supervisor - License Renewal Project Shaw Pittman, LLC Building 475/5 2300 N. Street N.W. Millstone Power Station Washington, D.C. 20037 Rope Ferry Road Waterford, CT 06385 Mr. S. E. Scace Assistant to the Site Vice President Dominion Nucler Connecticut, Inc.

Rope Ferry Road Waterford, CT 06385 Mr. M. J. Wilson Manager - Nuclear Training Dominion Nuclear Connecticut, Inc.

Rope Ferry Road Waterford, CT 06385 Mr. A. J. Jordan, Jr.

Director - Nuclear Engineering Dominion Nuclear Connecticut, Inc.

Rope Ferry Road Waterford, CT 06385 Mr. S. P. Sarver Director - Nuclear Station Operations and Maintenance Dominion Nuclear Connecticut, Inc.

Rope Ferry Road Waterford, CT 06385 Mr. Charles Brinkman, Director Washington Operations Nuclear Services Westinghouse Electric Company 12300 Twinbrook Pkwy, Suite 330 Rockville, MD 20852 Mr. William D. Corbin Director - Nuclear Projects Department Innsbrook Technical Center 5000 Dominion Boulevard Glen Allen, VA 23060-6711