ML23341A003
| ML23341A003 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 12/14/2023 |
| From: | Lauren Gibson NRC/NRR/DNRL/NLRP |
| To: | Gerfen P Pacific Gas & Electric Co |
| Shared Package | |
| ML23341A002 | List: |
| References | |
| NRC-2023-0192 | |
| Download: ML23341A003 (8) | |
Text
[7590-01-P]
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-275 and 50-323; NRC-2023-0192]
License Renewal Application; Pacific Gas and Electric Company;
Diablo Canyon Nuclear Power Plant, Units 1 and 2
AGENCY: Nuclear Regulatory Commission.
ACTION: Acceptance for docketing; opportunity to request a hearing and to petition for
leave to intervene.
SUMMARY
- The U.S. Nuclear Regulatory Commission (NRC) found acceptable for
docketing and is considering an application for the renewal of Facility Operating License
Nos. DPR-80 and DPR-82, which authorize Pacific Gas and Electric Company (PG&E,
the applicant) to operate Diablo Canyon Nuclear Power Plant (DCPP), Units 1 and 2.
The current operating licenses for DCPP expire as follows: Unit 1 on November 2, 2024,
and Unit 2 on August 26, 2025. If renewed, the renewed licenses would authorize the
applicant to operate DCPP for an additional 20 years beyond the period specified in
each of the current licenses.
DATES: A request for a hearing or petition for leave to intervene must be filed by
[INSERT DATE 75 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL
REGISTER].
ADDRESSES: Please refer to Docket ID NRC-2023-0192 when contacting the NRC
about the availability of information regarding this document. You may obtain publicly
available information related to this document using any of the following methods:
- Federal Rulemaking Website: Go to https://www.regulations.gov and
search for Docket ID NRC-2023-0192. Address questions about Docket IDs in
Regulations.gov to Stacy Schumann; telephone: 301-287-0624; email:
Stacy.Schumann@nrc.gov. For technical questions, contact the individual listed in the
For Further Information Contact section of this document.
- NRCs Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the ADAMS Public
Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the
search, select Begin Web-based ADAMS Search. For problems with ADAMS, please
contact the NRCs Public Document Room (PDR) reference staff at 1-800-397-4209,
301-415-4737, or by email to PDR.Resource@nrc.gov. The ADAMS accession number
for each document referenced (if it is available in ADAMS) is provided the first time that it
is mentioned in this document.
- Public Library: A copy of the license renewal application for DCPP can be
accessed at the following public library: San Luis Obispo Library, 995 Palm St, San Luis
Obispo, CA 93403.
- NRCs PDR: The PDR, where you may examine and order copies of publicly
available documents, is open by appointment. To make an appointment to visit the PDR,
please send an email to PDR.Resource@nrc.gov or call 1-800-397-4209 or 301-415-
4737, between 8 a.m. and 4 p.m. eastern time (ET), Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Brian Harris, Office of Nuclear Reactor
Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001;
telephone: 301-415-2277; email: Brian.Harris2@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The NRC received a license renewal application (LRA) from PG&E, dated
November 7, 2023 (ADAMS Accession No. ML23311A154), filed pursuant to part 54 of
2 title 10 of the Code of Federal Regulations (10 CFR), Requirements for Renewal of
Operating Licenses for Nuclear Power Plants, to renew the operating licenses for
DCPP. DCPP consists of two pressurized-water reactors designed by Westinghouse
and is located in Avila Beach, California. A notice of receipt of the LRA was published in
the Federal Register on November 20, 2023 (88 FR 80780).
The NRC staff has determined that PG&E has submitted sufficient information in
accordance with 10 CFR 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, 50-275 and 50-323, for Facility
Operating License Nos. DPR-80 and DPR-82, 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
Commissions 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 and that any
changes made to the plants current licensing basis will comply with the Act and the
Commissions regulations.
3 Additionally, in accordance with 10 CFR 51.95(c), the NRC staff will prepare an
environmental impact statement as a supplement to the Commissions NUREG-1437,
Generic Environmental Impact Statement for License Renewal of Nuclear Plants, dated
June 2013 (ADAMS Accession No. ML13106A241). 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 any 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 public scoping meetings. Detailed information
regarding the environmental scoping meetings will be the subject of a separate Federal
Register notice.
II. Opportunity to Request a Hearing and Petition for Leave to Intervene
Within 75 days after the date of publication of this notice, any person (petitioner)
whose interest may be affected by this action may file a request for a hearing and
petition for leave to intervene (petition) with respect to the action. The NRCs regulations
require a minimum of 60 days within which to file a request for a hearing and petition for
leave to intervene. Here, the NRC is extending that time period to 75 days in
consideration of the holiday season. Petitions shall be filed in accordance with the
Commissions Agency Rules of Practice and Procedure in 10 CFR part 2. Interested
persons should consult 10 CFR 2.309. If a petition is filed, the presiding officer will rule
on the petition and, if appropriate, a notice of a hearing will be issued.
Petitions must be filed no later than 75 days from the date of publication of this
notice in accordance with the filing instructions in the Electronic Submissions (E-Filing)
section of this document. Petitions and motions for leave to file new or amended
contentions that are filed after the deadline will not be entertained absent a
4 determination by the presiding officer that the filing demonstrates good cause by
satisfying the three factors in 10 CFR 2.309(c)(1)(i) through (iii).
A State, local governmental body, Federally recognized Indian Tribe, or
designated agency thereof, may submit a petition to the Commission to participate as a
party under 10 CFR 2.309(h) no later than 75 days from the date of publication of this
notice. Alternatively, a State, local governmental body, Federally recognized Indian
Tribe, or agency thereof may participate as a non-party under 10 CFR 2.315(c).
For information about filing a petition and about participation by a person not a
party under 10 CFR 2.315, see ADAMS Accession No. ML20340A053
(https://adamswebsearch2.nrc.gov/webSearch2/main.jsp?AccessionNumber=ML20340A
053) and on the NRCs public website at https://www.nrc.gov/about-
nrc/regulatory/adjudicatory/hearing.html#participate.
III. Electronic Submissions (E-Filing)
All documents filed in NRC adjudicatory proceedings including documents filed
by an interested State, local governmental body, Federally recognized Indian Tribe, or
designated agency thereof that requests to participate under 10 CFR 2.315(c), must be
filed in accordance with 10 CFR 2.302. 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, unless an exemption permitting an alternative filing
method, as further discussed, is granted. Detailed guidance on electronic submissions
is located in the Guidance for Electronic Submissions to the NRC (ADAMS Accession
No. ML13031A056) and on the NRCs public website at https://www.nrc.gov/site-help/e-
submittals.html.
To comply with the procedural requirements of E-Filing, at least 10 days prior to
the filing deadline, the participant should contact the Office of the Secretary by email at
5 Hearing.Docket@nrc.gov, or by telephone at 301-415-1677, to (1) request a digital
identification (ID) certificate, which allows the participant (or its counsel or
representative) to digitally sign submissions and access the E-Filing system for any
proceeding in which it is participating; and (2) advise the Secretary that the participant
will be submitting a petition or other adjudicatory document (even in instances in which
the participant, or its counsel or representative, already holds an NRC-issued digital ID
certificate). Based upon this information, the Secretary will establish an electronic docket
for the proceeding if the Secretary has not already established an electronic docket.
Information about applying for a digital ID certificate is available on the NRCs
public website at https://www.nrc.gov/site-help/e-submittals/getting-started.html. After a
digital ID certificate is obtained and a docket created, the participant must submit
adjudicatory documents in Portable Document Format. Guidance on submissions is
available on the NRCs public website at https://www.nrc.gov/site-help/electronic-sub-ref-
mat.html. A filing is considered complete at the time the document is submitted through
the NRCs E-Filing system. To be timely, an electronic filing must be submitted to the E-
Filing system no later than 11:59 p.m. ET on the due date. Upon receipt of a
transmission, the E-Filing system time-stamps the document and sends the submitter an
email confirming receipt of the document. The E-Filing system also distributes an email
that provides access to the document to the NRCs 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 document on those participants
separately. Therefore, applicants and other participants (or their counsel or
representative) must apply for and receive a digital ID certificate before adjudicatory
documents are filed to obtain access to the documents via the E-Filing system.
6 A person filing electronically using the NRCs adjudicatory E-Filing system may
seek assistance by contacting the NRCs Electronic Filing Help Desk through the
Contact Us link located on the NRCs public website at https://www.nrc.gov/site-help/e-
submittals.html, by email to MSHD.Resource@nrc.gov, or by a toll-free call at
1-866-672-7640. The NRC Electronic Filing Help Desk is available between 9 a.m. and
6 p.m., ET, Monday through Friday, except Federal holidays.
Participants who believe that they have good cause for not submitting documents
electronically must file an exemption request, in accordance with 10 CFR 2.302(g), with
their initial paper filing stating why there is good cause for not filing electronically and
requesting authorization to continue to submit documents in paper format. Such filings
must be submitted in accordance with 10 CFR 2.302(b)-(d). Participants filing
adjudicatory documents in this manner are responsible for serving their documents on all
other participants. Participants granted an exemption under 10 CFR 2.302(g)(2) must
still meet the electronic formatting requirement in 10 CFR 2.302(g)(1), unless the
participant also seeks and is granted an exemption from 10 CFR 2.302(g)(1).
Documents submitted in adjudicatory proceedings will appear in the NRCs
electronic hearing docket, which is publicly available at https://adams.nrc.gov/ehd,
unless excluded pursuant to an order of the presiding officer. If you do not have an NRC-
issued digital ID certificate as previously described, click cancel when the link requests
certificates and you will be automatically directed to the NRCs electronic hearing
dockets where you will be able to access any publicly available documents in a particular
hearing docket. Participants are requested not to include personal privacy information
such as social security numbers, home addresses, or personal 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
7 the adjudicatory filings and would constitute a Fair Use application, participants should
not include copyrighted materials in their submission.
Detailed information about the license renewal process can be found under the
Nuclear Reactors icon on the NRCs public website at
https://www.nrc.gov/reactors/operating/licensing/renewal.html. Copies of the application
to renew the operating licenses for DCPP are available for public inspection at the
NRCs PDR, and on the NRCs public website at
https://www.nrc.gov/reactors/operating/licensing/renewal/applications.html. The
application may be accessed in ADAMS through the NRC Library on the internet at
https://www.nrc.gov/reading-rm/adams.html under ADAMS Accession No.
ML23311A154. As previously stated, persons who do not have access to ADAMS or
who encounter problems in accessing the documents located in ADAMS may contact
the NRCs PDR reference staff by telephone at 1-800-397-4209 or 301-415-4737, or by
email to PDR.Resource@nrc.gov.
Dated: December 14, 2023.
For the Nuclear Regulatory Commission.
/RA/
Lauren K. Gibson, Chief, License Renewal Project Branch, Division of New and Renewed Licenses, Office of Nuclear Reactor Regulation.
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