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{{#Wiki_filter:September 14, 2006 Mr. Peter T. DietrichSite Vice President James A. FitzPatrick Nuclear Power Plant Entergy Nuclear Operation, Inc.
{{#Wiki_filter:September 14, 2006 Mr. Peter T. Dietrich Site Vice President James A. FitzPatrick Nuclear Power Plant Entergy Nuclear Operation, Inc.
 
P.O. Box 110 Lycoming, NY 13093-0110
P.O. Box 110 Lycoming, NY 13093-0110


==SUBJECT:==
==SUBJECT:==
DETERMINATION OF ACCEPTABILITY AND SUFFICIENCY FOR DOCKETING, PROPOSED REVIEW SCHEDULE, AND OPPORTUNITY FOR A HEARING REGARDING THE APPLICATION FROM ENTERGY NUCLEAROPERATIONS, INC., FOR RENEWAL OF THE OPERATING LICENSE FOR THE JAMES A. FITZPATRICK NUCLEAR POWER PLANT  
DETERMINATION OF ACCEPTABILITY AND SUFFICIENCY FOR DOCKETING, PROPOSED REVIEW SCHEDULE, AND OPPORTUNITY FOR A HEARING REGARDING THE APPLICATION FROM ENTERGY NUCLEAR OPERATIONS, INC., FOR RENEWAL OF THE OPERATING LICENSE FOR THE JAMES A. FITZPATRICK NUCLEAR POWER PLANT


==Dear Mr. Dietrich:==
==Dear Mr. Dietrich:==


By letter dated on July 31, 2006, the U.S. Nuclear Regulatory Commission (NRC) received theEntergy Nuclear Operations, Inc., application for renewal of Operating License No. DPR-59 for the James A. FitzPatrick Nuclear Power Plant (JAFNPP). Notice of receipt of this applicationwas published in the Federal Register on August 11, 2006 (71 FR 46245). The purpose of thisletter is to provide the results of the NRC staff's acceptance review of the license renewalapplication (LRA) for the JAFNPP. The acceptance review determines whether or not theapplication is sufficiently completed to allow the NRC staff to proceed with the safety andenvironmental review.The NRC staff has reviewed your request following the guidance in NUREG-1800, Rev. 1,"Standard Review Plan for Review of License Renewal Applications for Nuclear Power Plants,"
By letter dated on July 31, 2006, the U.S. Nuclear Regulatory Commission (NRC) received the Entergy Nuclear Operations, Inc., application for renewal of Operating License No. DPR-59 for the James A. FitzPatrick Nuclear Power Plant (JAFNPP). Notice of receipt of this application was published in the Federal Register on August 11, 2006 (71 FR 46245). The purpose of this letter is to provide the results of the NRC staffs acceptance review of the license renewal application (LRA) for the JAFNPP. The acceptance review determines whether or not the application is sufficiently completed to allow the NRC staff to proceed with the safety and environmental review.
The NRC staff has reviewed your request following the guidance in NUREG-1800, Rev. 1, Standard Review Plan for Review of License Renewal Applications for Nuclear Power Plants, and NUREG-1555, Environmental Standard Review Plan. As a result, the NRC staff has determined that the application is complete and 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 (RAIs) as the review proceeds.
This letter forwards the NRC staffs safety and environmental review schedule for the JAFNPP 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 will, if necessary, be established by the Commission or Atomic Safety and Licensing Board.
We would like to stress that this is a very detailed and thorough review. The NRC staff will make every effort to meet the schedule milestones; and thus, your responses to the staff RAIs, if needed, must be thoroughly complete and be provided in a timely manner. We request that


and NUREG-1555, "Environmental Standard Review Plan."  As a result, the NRC staff hasdetermined that the application is complete and is acceptable for docketing, in accordance with10 CFR 54.19, 54.21, 54.22, 54.23 and 51.53(c). However, the staff's determination does notpreclude requests for additional information (RAIs) as the review proceeds.This letter forwards the NRC staff's safety and environmental review schedule for the JAFNPPapplication (Enclosure 1). The NRC staff will follow established review procedures and theenclosed 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 will, if necessary, be established by the Commission or Atomic Safety andLicensing Board.We would like to stress that this is a very detailed and thorough review. The NRC staff willmake every effort to meet the schedule milestones; and thus, your responses to the staff RAIs, if needed, must be thoroughly complete and be provided in a timely manner. We request that P. Dietrich-2-you inform the NRC staff as early as possible should potential delays arise in your support ofthe 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.If you have any questions on this matter, please contact Tommy Le, License Renewal SeniorProject Manager for the JAFNPP LRA review, by telephone at 301-415-1458 or via e-mail at NBL@nrc.gov
P. Dietrich                                     you inform the NRC 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.
.Sincerely,/RA/ Eric Benner forFrank P. Gillespie, DirectorDivision of License Renewal Office of Nuclear Reactor RegulationDocket No. 50-333
If you have any questions on this matter, please contact Tommy Le, License Renewal Senior Project Manager for the JAFNPP LRA review, by telephone at 301-415-1458 or via e-mail at NBL@nrc.gov.
Sincerely,
                                                /RA/ Eric Benner for Frank P. Gillespie, Director Division of License Renewal Office of Nuclear Reactor Regulation Docket No. 50-333


==Enclosures:==
==Enclosures:==
As statedcc w/encls:  See next page


ML062570127 Document Name: E:\Filenet\ML062570127.wpd OFFICEPM:RLRB:DLRPM:REBB:DLRLA:RLRA:DLROGC NLOBC:REBB:DLRNAMENBLeSHernandezIKingMzoblerD. Roth forRFranovichDATE09/14/0608/30/0609/14/0609/08/0609/14/06NAMEBC:RLRB:DLRD:DLR DATEJZimmermanFGillespie09/14/0609/08/06 FitzPatrick Nuclear Power Plant cc:
As stated cc w/encls: See next page
Mr. Gary J. TaylorChief Executive Officer Entergy Operations, Inc.
 
1340 Echelon Parkway Jackson, MS 39213Mr. John T. HerronSr. VP and Chief Operating Officer Entergy Nuclear Operations, Inc.
ML062570127 Document Name: E:\Filenet\ML062570127.wpd OFFICE      PM:RLRB:DLR        PM:REBB:DLR        LA:RLRA:DLR      OGC NLO        BC:REBB:DLR NAME        NBLe                SHernandez          IKing            Mzobler        RFranovich D. Roth for DATE        09/14/06            08/30/06            09/14/06          09/08/06      09/14/06 NAME        BC:RLRB:DLR        D:DLR DATE        JZimmerman          FGillespie 09/14/06            09/08/06
440 Hamilton Avenue White Plains, NY 10601Mr. Peter T. DietrichSite Vice President Entergy Nuclear Operations, Inc.
 
James A. FitzPatrick Nuclear Power Plant
FitzPatrick Nuclear Power Plant cc:
Mr. Gary J. Taylor                      U. S. Nuclear Regulatory Commission Chief Executive Officer                 Resident Inspector's Office Entergy Operations, Inc.                 James A. FitzPatrick Nuclear Power Plant 1340 Echelon Parkway                     P.O. Box 136 Jackson, MS 39213                        Lycoming, NY 13093 Mr. John T. Herron                      Ms. Charlene D. Faison Sr. VP and Chief Operating Officer       Manager, Licensing Entergy Nuclear Operations, Inc.        Entergy Nuclear Operations, Inc.
440 Hamilton Avenue                     440 Hamilton Avenue White Plains, NY 10601                  White Plains, NY 10601 Mr. Peter T. Dietrich                    Mr. Michael J. Colomb Site Vice President                     Director of Oversight Entergy Nuclear Operations, Inc.        Entergy Nuclear Operations, Inc.
James A. FitzPatrick Nuclear Power Plant 440 Hamilton Avenue P.O. Box 110                            White Plains, NY 10601 Lycoming, NY 13093 Mr. David Wallace Mr. Kevin J. Mulligan                    Director, Nuclear Safety Assurance General Manager, Plant Operations        Entergy Nuclear Operations, Inc.
Entergy Nuclear Operations, Inc.        James A. FitzPatrick Nuclear Power Plant James A. FitzPatrick Nuclear Power Plant P.O. Box 110 P.O. Box 110                            Lycoming, NY 13093 Lycoming, NY 13093 Mr. James Costedio Mr. Oscar Limpias                        Manager, Regulatory Compliance Vice President Engineering              Entergy Nuclear Operations, Inc.
Entergy Nuclear Operations, Inc.        James A. FitzPatrick Nuclear Power Plant 440 Hamilton Avenue                      P.O. Box 110 White Plains, NY 10601                  Lycoming, NY 13093 Mr. Christopher Schwarz                  Assistant General Counsel Vice President, Operations Support      Entergy Nuclear Operations, Inc.
Entergy Nuclear Operations, Inc.        440 Hamilton Avenue 440 Hamilton Avenue                      White Plains, NY 10601 White Plains, NY 10601 Mr. Charles Donaldson, Esquire Mr. John F. McCann                      Assistant Attorney General Director, Licensing                      New York Department of Law Entergy Nuclear Operations, Inc.        120 Broadway 440 Hamilton Avenue                      New York, NY 10271 White Plains, NY 10601
 
FitzPatrick Nuclear Power Plant          cc:
Mr. Peter R. Smith, President                Oswego County Administrator New York State Energy, Research,            Mr. Steven Lyman and Development Authority                  46 East Bridge Street 17 Columbia Circle                          Oswego, NY 13126 Albany, NY 12203-6399 Regional Administrator, Region I Mr. Paul Eddy                                U.S. Nuclear Regulatory Commission New York State Dept. of Public Service      475 Allendale Road 3 Empire State Plaza                        King of Prussia, PA 19406 Albany, NY 12223-1350 Supervisor Town of Scriba Route 8, Box 382 Oswego, NY 13126 Mr. James H. Sniezek BWR SRC Consultant 5486 Nithsdale Drive Salisbury, MD 21801-2490 Mr. Michael D. Lyster BWR SRC Consultant 5931 Barclay Lane Naples, FL 34110-7306 Mr. Garrett D. Edwards 814 Waverly Road Kennett Square, PA 19348 Mr. James Ross Nuclear Energy Institute 1776 I Street, N.W. Suite 400 Washington, D.C. 20006-3708 Mr. Rick Plasse Project Manager, License Renewal Entergy Nuclear Operations, Inc.
James A. FitzPatrick Nuclear Power Plant P.O. Box 110 Lycoming, NY 13093
 
JAMES A. FITZPATRICK NUCLEAR POWER STATION LICENSE RENEWAL APPLICATION REVIEW SCHEDULE Milestone                                Schedule    Actual Receive License Renewal Application (LRA)                              08/01/2006  08/01/06 Federal Register Notice (FRN) Published - Receipt & Availability Review 08/11/2006  08/11/06 FRN Published - Acceptability/Opportunity for Hearing &
09/18/2006 Intent/Environmental Scoping Meeting Audit - Scoping and Screening Methodology                              09/25/2006 Public Meeting - License Renewal Process & Environmental 10/12/2006 Scoping Audit - Aging Management Programs (AMPs)                                11/13/2006 Deadline for Filing Hearing Requests and Petitions for Intervention    11/14/2006 Environmental Scoping Periods Ends                                      11/14/2006 Environmental Site Audit                                                12/04/2006 Audit - Aging Management Reviews (AMRs)                                12/11/2006 Environmental Requests for Additional Information (RAIs) - Issued      01/19/2007 Environmental RAIs - Responses Received                                03/05/2007 Inspection - Scoping and Screening/AMP                                    RI-TBD Draft Supplemental Environmental Impact Statement (SEIS) Issued        08/03/2007 FRN Published - Availability/Comment on draft SEIS                      08/10/2007 Public Meeting - draft SEIS                                            09/11/2007 End of draft SEIS Comment Period                                        10/17/2007 Safety Evaluation Report (SER) with Open Item(s) - Issued              08/31/2007 ACRS Subcommittee Meeting on SER with Open Item(s)                        10/2007 SER - Issued                                                            01/26/2008 ACRS Full Committee Meeting on SER                                        03/2008 ACRS Letter issued                                                        03/2008 Final SEIS - Issued                                                    04/09/2008 FRN Published - Availability of Final SEIS                              04/18/2008 Staff Recommendation to Director, NRR                                    05/2008 NRR Director Decision (license issued, if approved and no hearing is 05/31/2008 granted - 22 mo)
Commission Decision (if hearing is granted - 30 months)                01/31/2009 Enclosure 1
 
7590-01-P UNITED STATES NUCLEAR REGULATORY COMMISSION NOTICE OF ACCEPTANCE FOR DOCKETING OF THE APPLICATION, NOTICE OF OPPORTUNITY FOR HEARING AND NOTICE OF INTENT TO PREPARE AN ENVIRONMENTAL IMPACT STATEMENT AND CONDUCT SCOPING PROCESS FOR FACILITY OPERATING LICENSE NO. DPR-59 FOR AN ADDITIONAL 20-YEAR PERIOD ENTERGY NUCLEAR OPERATIONS, INC.,
JAMES A. FITZPATRICK NUCLEAR POWER PLANT DOCKET NO. 50-333 The U.S. Nuclear Regulatory Commission (NRC or the Commission) is considering an application for the renewal of Operating License No. DPR-59, which authorizes Entergy Nuclear Operations, Inc., (Entergy) to operate the James A. FitzPatrick Nuclear Power Plant (JAFNPP) at 2536 megawatts thermal. The renewed license would authorize the applicant to operate the JAFNPP for an additional 20 years beyond the period specified in the current license. JAFNPP is located on Lake Ontario in Oswego County, approximately seven miles northeast of the City of Oswego, New York. The current operating license for the JAFNPP expires on October 17, 2014.
On August 1, 2006, the Commissions staff received the application from Entergy, to renew the Operating License No. DPR-59 for JAFNPP, pursuant to 10 CFR Part 54. A Notice of Receipt and Availability of the license renewal application (LRA) was published in the Federal Register on August 11, 2006 (71 FR 46245).
Enclosure 2
 
The Commissions staff has reviewed the LRA for its acceptability and has determined that Entergy has submitted sufficient information in accordance with 10 CFR 54.19, 54.21, 54.22, 54.23, and 51.53(c), and the application is acceptable for docketing. The current Docket No. 50-333 for Operating License No. DPR-59 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 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 plants CLB comply with the Act and the Commissions regulations. The Commission also must first find that the requirements of Subpart A of 10 CFR 51 have been satisfied, and that matters raised under 10 CFR 2.335 have been addressed.
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 license. 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, Rockville, Maryland 20852 and is accessible from the 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 ADAMS or who encounter problems in accessing the documents located in ADAMS should contact the NRCs PDR reference staff by telephone at 1-800-397-4209, or 301-415-4737, or by e-mail at pdr@nrc.gov. If a request for a hearing/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/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/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 license 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.


P.O. Box 110 Lycoming, NY 13093Mr. Kevin J. MulliganGeneral Manager, Plant Operations Entergy Nuclear Operations, Inc.
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.
James A. FitzPatrick Nuclear Power Plant
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 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.
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.


P.O. Box 110 Lycoming, NY 13093Mr. Oscar LimpiasVice President Engineering Entergy Nuclear Operations, Inc.
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) e-mail 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 301-415-1966.2 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.
440 Hamilton Avenue White Plains, NY  10601Mr. Christopher SchwarzVice President, Operations Support Entergy Nuclear Operations, Inc.
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 e-mail 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, Mr. Terrence A. Burke, Entergy Nuclear, 1340 Echelon Parkway, Mail Stop  ECH-62, Jackson, Mississippi 39213.
440 Hamilton Avenue White Plains, NY 10601Mr. John F. McCannDirector, Licensing Entergy Nuclear Operations, Inc.
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).
440 Hamilton Avenue White Plains, NY 10601U. S. Nuclear Regulatory CommissionResident Inspector's Office James A. FitzPatrick Nuclear Power Plant
In addition, the purpose of this notice is to inform the public that the NRC will be preparing an environmental impact statement (EIS) related to the review of the LRA and to provide the public an opportunity to participate in the environmental scoping process, as defined in 10 CFR 51.29. In accordance with 10 CFR 51.95(c), the NRC will prepare an environmental impact statement that will be used as a supplement to the Commissions NUREG-1437, Generic Environmental Impact Statement for License Renewal of Nuclear Power Plants (GEIS), dated May 1996. Pursuant to 10 CFR 51.26, and as part of the 2
If the request/petition is filed by e-mail or facsimile, an original and two copies of the document must be mailed within 2 (two) business days thereafter to the Secretary, U.S. Nuclear Regulatory Commission, Washington, D.C., 20555-0001; Attention: Rulemaking and Adjudications Staff.


P.O. Box 136 Lycoming, NY  13093Ms. Charlene D. FaisonManager, Licensing Entergy Nuclear Operations, Inc.
environmental scoping process, the NRC staff intends to hold a public scoping meeting. In addition, as outlined in 36 CFR 800.8, Coordination with the National Environmental Policy Act, the NRC plans to coordinate compliance with Section 106 of the National Historic Preservation Act in meeting the requirements of the National Environmental Policy Act of 1969 (NEPA).
440 Hamilton Avenue White Plains, NY  10601Mr. Michael J. ColombDirector of Oversight Entergy Nuclear Operations, Inc.
In accordance with 10 CFR 51.53(c) and 10 CFR 54.23, Entergy prepared and submitted the Environmental Report (ER) as part of the LRA. The LRA and the ER are publicly available at the NRCs PDR, located at One White Flint North, 11555 Rockville Pike, Rockville, Maryland, 20852, or from the NRCs ADAMS. The ADAMS Public Electronic Reading Room is accessible at http://adamswebsearch.nrc.gov/dologin.htm. The ADAMS Accession Numbers for the LRA and the ER are ML062160494 and ML062160557, respectively. 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 by telephone at 1-800-397-4209, or 301-415-4737, or by e-mail at pdr@nrc.gov. The LRA and the ER may also be viewed on the internet at www.nrc.gov/reactors/operating/licensing/renewal/applications/fitzpatrick.html.
440 Hamilton Avenue White Plains, NY 10601Mr. David WallaceDirector, Nuclear Safety Assurance Entergy Nuclear Operations, Inc.
In addition, the LRA and the ER are available for public inspection near the JAFNPP at the following public libraries: Penfield Library SUNY, 7060 State Route 104, Oswego, New York 13126; and                                                                                  .
James A. FitzPatrick Nuclear Power Plant
Possible alternatives to the proposed action (license renewal) include no action and reasonable alternative energy sources. The NRC is required by 10 CFR 51.95 to prepare a supplement to the GEIS in connection with the renewal of an operating license. This notice is being published in accordance with 10 CFR 51.26.
The NRC staff will first conduct a scoping process for the supplement to the GEIS and, as soon as practicable thereafter, will prepare a draft supplement to the GEIS for public comment. Participation in the scoping process by members of the public and local, State,


P.O. Box 110 Lycoming, NY 13093Mr. James CostedioManager, Regulatory Compliance Entergy Nuclear Operations, Inc.
Tribal, and Federal government agencies are encouraged. As described in 10 CFR 51.29, the scoping process for the supplement to the GEIS will be used to accomplish the following:
James A. FitzPatrick Nuclear Power Plant
: a.      Define the proposed action which is to be the subject of the supplement to the GEIS.
: b.      Determine the scope of the supplement to the GEIS and identify the significant issues to be analyzed in depth.
: c.      Identify and eliminate from detailed study those issues that are peripheral or that are not significant.
: d.      Identify any environmental assessments and other ElSs that are being or will be prepared that are related to, but are not part of, the scope of the supplement to the GEIS being considered.
: e.      Identify other environmental review and consultation requirements related to the proposed action.
: f.      Indicate the relationship between the timing of the preparation of the environmental analyses and the Commission's tentative planning and decision-making schedule.
: g.      Identify any cooperating agencies and, as appropriate, allocate assignments for preparation and schedules for completing the supplement to the GEIS to the NRC and any cooperating agencies.
: h.     Describe how the supplement to the GEIS will be prepared, and include any contractor assistance to be used.
The NRC invites the following entities to participate in scoping:
: a.      The applicant, Entergy Nuclear Operations, Inc.
: b.      Any Federal agency that has jurisdiction by law or special expertise with respect to any environmental impact involved, or that is authorized to develop and enforce relevant environmental standards.
: c.      Affected State and local government agencies, including those authorized to develop and enforce relevant environmental standards.
: d.      Any affected Indian tribe.
: e.      Any person who requests or has requested an opportunity to participate in the scoping process.
: f.      Any person who has petitioned or intends to petition for leave to intervene.
In accordance with 10 CFR 51.26, the scoping process for an EIS may include a public scoping meeting to help identify significant issues related to a proposed activity and to determine the scope of issues to be addressed in an EIS. The NRC will hold public meetings for the JAFNPP license renewal supplement to the GEIS, at the Town Municipal Building, 42 Creamery Road, Oswego, New York 13126, on Thursday, October 12, 2006. There will be two identical meetings to accommodate interested parties. The first meeting will convene at 1:30 p.m. and will continue until 4:30 p.m., as necessary. The second meeting will convene at 7:00 p.m. and will continue until 10:00 p.m., as necessary. Both meetings will be transcribed and will include: (1) an overview by the NRC staff of the NRCs license renewal review process; (2) an overview by the NRC staff of the NEPA environmental review process, the proposed scope of the supplement to the GEIS, and the proposed review schedule; and (3) the opportunity for interested government agencies, organizations, and individuals to submit comments or suggestions on the environmental issues or the proposed scope of the supplement to the GEIS. Additionally, the NRC staff will host informal discussions one hour prior to the start of each session at the same location. No formal comments on the proposed scope of the supplement to the GEIS will be accepted during the informal discussions. To be considered, comments must be provided either at the transcribed public meetings or in writing, as discussed below. For more information about the proposed action, the scoping process, and the environmental impact statement, please contact the NRC Environmental Project Manager, Mr. Samuel Hernandez, at Mail Stop O-11F1, U.S. Nuclear Regulatory Commission, Washington, DC 20555, by telephone at 1-800-368-5642, extension 4049, or by e-mail at shq@nrc.gov. Persons may register to attend or present oral comments at the meetings on the


P.O. Box 110 Lycoming, NY 13093Assistant General CounselEntergy Nuclear Operations, Inc.
scope of the NEPA review by contacting Mr. Hernandez. Members of the public may also register to speak at the meeting within        15 minutes of the start of each meeting.
440 Hamilton Avenue White Plains, NY 10601Mr. Charles Donaldson, EsquireAssistant Attorney General New York Department of Law 120 Broadway New York, NY  10271 FitzPatrick Nuclear Power Plant              cc:
Individual oral comments may be limited by the time available, depending on the number of persons who register. Members of the public who have not registered may also have an opportunity to speak, if time permits. Public comments will be considered in the scoping process for the supplement to the GEIS. Mr. Hernandez will need to be contacted no later than September 29, 2006, if special equipment or accommodations are needed to attend or present information at the public meeting, so that the NRC staff can determine whether the request can be accommodated.
Mr. Peter R. Smith, PresidentNew York State Energy, Research, and Development Authority 17 Columbia Circle Albany, NY 12203-6399Mr. Paul EddyNew York State Dept. of Public Service 3 Empire State Plaza Albany, NY  12223-1350SupervisorTown of Scriba Route 8, Box 382 Oswego, NY  13126Mr. James H. SniezekBWR SRC Consultant 5486 Nithsdale Drive Salisbury, MD 21801-2490Mr. Michael D. LysterBWR SRC Consultant 5931 Barclay Lane Naples, FL 34110-7306Mr. Garrett D. Edwards814 Waverly Road Kennett Square, PA 19348Mr. James RossNuclear Energy Institute 1776 I Street, N.W. Suite 400 Washington, D.C. 20006-3708Mr. Rick PlasseProject Manager, License Renewal Entergy Nuclear Operations, Inc.
Members of the public may send written comments on the environmental scope of the JAFNPP license renewal review to: Chief, Rules and Directives Branch, Division of Administrative Services, Office of Administration, Mail Stop T-6D59, U.S. Nuclear Regulatory Commission, Washington, D.C., 20555-0001, and should cite the publication date and page number of this Federal Register notice. Comments may also be delivered to the U.S. Nuclear Regulatory Commission, Mail Stop T-6D59, Two White Flint North, 11545 Rockville Pike, Rockville, Maryland, 20852, from 7:30 a.m. to 4:15 p.m. during Federal workdays. To be considered in the scoping process, written comments should be postmarked by November 14, 2006. Electronic comments may be sent by e-mail to the NRC at FitzPatrickEIS@nrc.gov, and should be sent no later than November 14, 2006, to be considered in the scoping process.
James A. FitzPatrick Nuclear Power Plant
Comments will be available electronically and accessible through ADAMS.
Participation in the scoping process for the supplement to the GEIS does not entitle participants to become parties to the proceeding to which the supplement to the GEIS relates.
Matters related to participation in any hearing are outside the scope of matters to be discussed at this public meeting.
At the conclusion of the scoping process, the NRC will prepare a concise summary of the determination and conclusions reached, including the significant issues identified, and will


P.O. Box 110 Lycoming, NY 13093 Oswego County Administrator Mr. Steven Lyman 46 East Bridge Street Oswego, NY 13126Regional Administrator, Region IU.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA  19406  JAMES A. FITZPATRICK NUCLEAR POWER STATIONLICENSE RENEWAL APPLICATION REVIEW SCHEDULEMilestoneScheduleActualReceive License Renewal Application (LRA)08/01/200608/01/06Federal Register Notice (FRN) Published - Receipt & Availability Review08/11/200608/11/06FRN Published - Acceptability/Opportunity for Hearing & Intent/Environmental Scoping Meeting09/18/2006Audit - Scoping and Screening Methodology09/25/2006Public Meeting - License Renewal Process & EnvironmentalScoping10/12/2006Audit - Aging Management Programs (AMPs)                  11/13/2006Deadline for Filing Hearing Requests and Petitions for Intervention11/14/2006 Environmental Scoping Periods Ends11/14/2006 Environmental Site Audit12/04/2006 Audit - Aging Management Reviews (AMRs)12/11/2006 Environmental Requests for Additional Information (RAIs) - Issued01/19/2007 Environmental RAIs - Responses Received03/05/2007Inspection - Scoping and Screening/AMPRI-TBDDraft Supplemental Environmental Impact Statement (SEIS) Issued08/03/2007FRN Published - Availability/Comment on draft SEIS08/10/
send a copy of the summary to each participant in the scoping process. The summary will also be available for viewing in ADAMS. The staff will then prepare and issue for comment the draft supplement to the GEIS, which will be the subject of separate notices and separate public meetings. Copies will be available for public viewing at the above-mentioned addresses, and one copy per request will be provided free of charge, to the extent of supply. After receipt and consideration of the comments, the NRC will prepare a final supplement to the GEIS, which will also be available for public viewing.
2007Public Meeting - draft SEIS09/11/2007 End of draft SEIS Comment Period10/17/2007 Safety Evaluation Report (SER) with Open Item(s) - Issued08/31/2007ACRS Subcommittee Meeting on SER with Open Item(s)10/2007 SER - Issued01/26/2008ACRS Full Committee Meeting on SER03/2008 ACRS Letter issued03/2008 Final SEIS - Issued04/09/2008 FRN Published - Availability of Final SEIS04/18/
Information about the proposed action, the supplement to the GEIS, and the scoping process may be obtained from Mr. Hernandez at the aforementioned telephone number or e-mail address.
2008Staff Recommendation to Director, NRR05/2008NRR Director Decision (license issued, if approved and no hearing isgranted - 22 mo)05/31/2008Commission Decision (if hearing is granted - 30 months)01/31/2009 7590-01-PUNITED STATES NUCLEAR REGULATORY COMMISSIONNOTICE OF ACCEPTANCE FOR DOCKETING OF THE APPLICATION,NOTICE OF OPPORTUNITY FOR HEARING AND NOTICE OF INTENT TO PREPARE AN ENVIRONMENTAL IMPACT STATEMENTAND CONDUCT SCOPING PROCESS FORFACILITY OPERATING LICENSE NO. DPR-59 FOR AN ADDITIONAL 20-YEAR PERIODENTERGY NUCLEAR OPERATIONS, INC.,JAMES A. FITZPATRICK NUCLEAR POWER PLANT DOCKET NO. 50-333The U.S. Nuclear Regulatory Commission (NRC or the Commission) is considering anapplication for the renewal of Operating License No. DPR-59, which authorizes Entergy NuclearOperations, Inc., (Entergy) to operate the James A. FitzPatrick Nuclear Power Plant (JAFNPP)at 2536 megawatts thermal. The renewed license would authorize the applicant to operate the JAFNPP for an additional 20 years beyond the period specified in the current license. JAFNPP is located on Lake Ontario in Oswego County, approximately seven miles northeast of the Cityof Oswego, New York. The current operating license for the JAFNPP expires on          October 17, 2014.On August 1, 2006, the Commission's staff received the application from Entergy, torenew the Operating License No. DPR-59 for JAFNPP, pursuant to 10 CFR Part 54. A Noticeof Receipt and Availability of the license renewal application (LRA) was published in the FederalRegister on August 11, 2006 (71 FR 46245). The Commission's staff has reviewed the LRA for its acceptability and has determinedthat Entergy has submitted sufficient information in accordance with 10 CFR 54.19, 54.21,54.22, 54.23, and 51.53(c), and the application is acceptable for docketing. The current DocketNo. 50-333 for Operating License No. DPR-59 will be retained. The docketing of the renewalapplication does not preclude requesting additional information as the review proceeds, nordoes it predict whether the Commission will grant or deny the application. Before issuance of each requested renewed license, the NRC will have m ade thefindings 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 arenewed license on the basis of its review if it finds that actions have been identified and havebeen or will be taken with respect to: (1) managing the effects of aging during the period ofextended operation on the functionality of structures and components that have been identifiedas requiring aging management review, and (2) time-limited aging analyses that have beenidentified as requiring review, such that there is reasonable assurance that the activitiesauthorized by the renewed license will continue to be conducted in accordance with the currentlicensing basis (CLB), and that any changes made to the plant's CLB comply with the Act and the Commission's regulations. The Commission also must first find that the requirements ofSubpart A of 10 CFR 51 have been satisfied, and that matters raised under 10 CFR 2.335 havebeen addressed.Within 60 days after the date of publication of this Federal Register Notice, the applicantmay file a request for a hearing, and any person whose interest may be affected by thisproceeding and who wishes to participate as a party in the proceeding must file a writtenrequest for a hearing and a petition for leave to intervene with respect to the renewal of the license. Requests for a hearing and a petition for leave to intervene shall be filed in accordance with the Commission's "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 theCommission's Public Document Room (PDR), located at One White Flint North, 11555Rockville Pike, Rockville, Maryland 20852 and is accessible from the Agencywide DocumentsAccess 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 ADAMS orwho encounter problems in accessing the documents located in ADAMS should contact theNRC's PDR reference staff by telephone at 1-800-397-4209, or 301-415-4737, or by e-mail atpdr@nrc.gov. If a request for a hearing/petition for leave to intervene is filed within the 60-dayperiod, the Commission or a presiding officer designated by the Commission or by the ChiefAdministrative Judge of the Atomic Safety and Licensing Board Panel will rule on therequest/petition; and the Secretary or the Chief Administrative Judge of the Atomic Safety andLicensing Board will issue a notice of a hearing or an appropriate order. In the event that norequest for a hearing/petition for leave to intervene is filed within the 60-day period, the NRCmay, upon completion of its evaluations and upon making the findings required under            10 CFR Parts 51 and 54, renew the license without further notice.As required by 10 CFR 2.309, a petition for leave to intervene shall set forth withparticularity the interest of the petitioner in the proceeding, and how that interest may beaffected by the results of the proceeding, taking into consideration the limited scope of mattersthat 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 requestor's/petitioner's right under the Act to be made aparty 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 havelitigated at the proceeding.
Dated at Rockville, Maryland, this 14th day of September 2006.
1To the extent that the application contains attachments and supporting documents that are not publiclyavailable 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.-4-Each contention must consist of a specific statement of the issue of law or fact to beraised or controverted. In addition, the requestor/petitioner shall provide a brief explanation ofthe bases of each contention and a concise statement of the alleged facts or the expert opinionthat supports the contention on which the requestor/petitioner intends to rely in proving thecontention at the hearing. The requestor/petitioner must also provide references to thosespecific sources and documents of which the requestor/petitioner is aware and on which therequestor/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.
FOR THE NUCLEAR REGULATORY COMMISSION
1  Contentions shall be limited to matterswithin 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 aparty.The Commission requests that each contention be given a separate numeric or alphadesignation 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 acontention or propose substantially the same contention, the requestors/petitioners will berequired 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 anylimitations in the order granting leave to intervene, and have the opportunity to participate fullyin 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.
                                  /RA/
2If the request/petition is filed by e-mail or facsimile, an original and two copies of the document must bemailed within 2 (two) business days thereafter to the Secretary, U.S. Nuclear Regulatory Commission, Washington, D.C., 20555-0001; Attention: Rulemaking and Adjudications Staff.-5-Nuclear Regulatory Commission, Washington, D.C., 20555-0001, Attention: Rulemaking andAdjudications Staff; (2) courier, express mail, and expedited delivery services: Office of theSecretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryl and,20852, Attention: Rulemaking and Adjudications Staff; (3) e-mail addressed to the Office of theSecretary, U.S. Nuclear Regulatory Commission, HEARINGDOCKET@NRC.GOV; or          (4) facsimile transmission addressed to the Office of the Secretary, U.S. Nuclear RegulatoryCommission, Washington, D.C., Attention: Rulemakings and Adjudications Staff at 301-415-1101, verification number is 301-415-1966.
Eric J. Benner, Acting Director Division of License Renewal Office of Nuclear Reactor Regulation
2  A copy of the request for hearing andpetition 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 thatcopies be transmitted either by means of facsimile transmission to 301-415-3725 or by e-mail to OGCMailCenter@nrc.gov. A copy of the request for hearing and petition for leave to interveneshould also be sent to the attorney for the applicant, Mr. Terrence A. Burke, Entergy Nuclear,1340 Echelon Parkway, Mail Stop - ECH-62, Jackson, Mississippi 39213.Non-timely requests and/or petitions and contentions will not be entertained absent adetermination by the Commission, the presiding officer, or the Atomic Safety and LicensingBoard that the petition, request and/or contentions should be granted based on a balancing ofthe factors specified in 10 CFR 2.309(a)(1)(i)-(viii).In addition, the purpose of this notice is to inform the public that the NRC will bepreparing an environmental impact statement (EIS) related to the review of the LRA and to provide the public an opportunity to participate in the environmental scoping process, asdefined in 10 CFR 51.29. In accordance with 10 CFR 51.95(c), the NRC will prepare anenvironmental impact statement that will be used as a supplement to the Commission'sNUREG-1437, "Generic Environmental Impact Statement for License Renewal of NuclearPower Plants" (GEIS), dated May 1996. Pursuant to 10 CFR 51.26, and as part of the  environmental scoping process, the NRC staff intends to hold a public scoping meeting. Inaddition, as outlined in 36 CFR 800.8, "Coordination with the National Environmental PolicyAct," the NRC plans to coordinate compliance with Section 106 of the National HistoricPreservation Act in meeting the requirements of the National Environmental Policy Act of 1969 (NEPA).In accordance with 10 CFR 51.53(c) and 10 CFR 54.23, Entergy prepared andsubmitted the Environmental Report (ER) as part of the LRA. The LRA and the ER are publicly available at the NRC's PDR, located at One White Flint North, 11555 Rockville Pike, Rockville,Maryland, 20852, or from the NRC's ADAMS. The ADAMS Public Electronic Reading Room isaccessible at http://adamswebsearch.nrc.gov/dologin.htm. The ADAMS Accession Numbersfor the LRA and the ER are ML062160494 and ML062160557, respectively. Persons who do not have access to ADAMS, 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 by e-mail at pdr@nrc.gov. The LRA and the ER may also be viewed onthe internet at  www.nrc.gov/reactors/operating/licensing/renewal/applications/fitzpatrick.html. In addition, the LRA and the ER are available for public inspection near the JAFNPP at the following public libraries: Penfield Library SUNY, 7060 State Route 104, Oswego, New York 13126; and
                                                }}
.Possible alternatives to the proposed action (license renewal) include no action andreasonable alternative energy sources. The NRC is required by 10 CFR 51.95 to prepare asupplement to the GEIS in connection with the renewal of an operating license. This notice isbeing published in accordance with 10 CFR 51.26. The NRC staff will first conduct a scoping process for the supplement to the GEIS and,as soon as practicable thereafter, will prepare a draft supplement to the GEIS for publiccomment. Participation in the scoping process by members of the public and local, State,  Tribal, and Federal government agencies are encouraged. As described in 10 CFR 51.29, thescoping process for the supplement to the GEIS will be used to accomplish the following:a.Define the proposed action which is to be the subject of the supplement to the GEIS.
b.Determine the scope of the supplement to the GEIS and identify the significant issues tobe analyzed in depth.c.Identify and eliminate from detailed study those issues that are peripheral or that are notsignificant.d.Identify any environmental assessments and other ElSs that are being or will beprepared that are related to, but are not part of, the scope of the supplement to theGEIS being considered.e.Identify other environmental review and consultation requirements related to theproposed action.f.Indicate the relationship between the timing of the preparation of the environmentalanalyses and the Commission's tentative planning and decision-making schedule.g.Identify any cooperating agencies and, as appropriate, allocate assignments forpreparation and schedules for completing the supplement to the GEIS to the NRC andany cooperating agencies.h.Describe how the supplement to the GEIS will be prepared, and include any contractorassistance to be used.The NRC invites the following entities to participate in scoping:
a.The applicant, Entergy Nuclear Operations, Inc. b.Any Federal agency that has jurisdiction by law or special expertise with respect to anyenvironmental impact involved, or that is authorized to develop and enforce relevant environmental standards.c.Affected State and local government agencies, including those authorized to developand enforce relevant environmental standards. d.Any affected Indian tribe. e.Any person who requests or has requested an opportunity to participate in the scopingprocess.f.Any person who has petitioned or intends to petition for leave to intervene. In accordance with 10 CFR 51.26, the scoping process for an EIS may include a publicscoping meeting to help identify significant issues related to a proposed activity and todetermine the scope of issues to be addressed in an EIS. The NRC will hold public meetingsfor the JAFNPP license renewal supplement to the GEIS, at the Town Municipal Building, 42 Creamery Road, Oswego, New York 13126, on Thursday, October 12, 2006. Therewill be two identical meetings to accommodate interested parties. The first meeting willconvene at 1:30 p.m. and will continue until 4:30 p.m., as necessary. The second meeting willconvene at 7:00 p.m. and will continue until 10:00 p.m., as necessary. Both meetings will betranscribed and will include: (1) an overview by the NRC staff of the NRC's license renewalreview process; (2) an overview by the NRC staff of the NEPA environmental review process,the proposed scope of the supplement to the GEIS, and the proposed review schedule; and (3)the opportunity for interested government agencies, organizations, and individuals to submit comments or suggestions on the environmental issues or the proposed scope of thesupplement to the GEIS. Additionally, the NRC staff will host informal discussions one hourprior to the start of each session at the same location. No formal comments on the proposed scope of the supplement to the GEIS will be accepted during the informal discussions. To beconsidered, comments must be provided either at the transcribed public meetings or in writing,as discussed below. For more information about the proposed action, the scoping process, andthe environmental impact statement, please contact the NRC Environmental Project Manager,Mr. Samuel Hernandez, at Mail Stop O-11F1, U.S. Nuclear Regulatory Commission, Washington, DC 20555, by telephone at 1-800-368-5642, extension 4049, or by e-mail atshq@nrc.gov
. Persons may register to attend or present oral comments at the meetings on the  scope of the NEPA review by contacting  Mr. Hernandez. Members of the public may alsoregister to speak at the meeting within            15 minutes of the start of each meeting. Individual oral comments may be limited by the time available, depending on the number of persons who register. Members of the public who have not registered may also have an opportunity to speak, if time permits. Public comments will be considered in the scopingprocess for the supplement to the GEIS. Mr. Hernandez will need to be contacted no later thanSeptember 29, 2006, if special equipment or accommodations are needed to attend or presentinformation at the public meeting, so that the NRC staff can determine whether the request canbe accommodated.Members of the public may send written comments on the environmental scope of theJAFNPP license renewal review to: Chief, Rules and Directives Branch, Division of Administrative Services, Office of Administration, Mail Stop T-6D59, U.S. Nuclear Regulatory Commission, Washington, D.C., 20555-0001, and should cite the publication date and pagenumber of this Federal Register notice. Comments may also be delivered to the U.S. NuclearRegulatory Commission, Mail Stop T-6D59, Two White Flint North, 11545 Rockville Pike,Rockville, Maryland, 20852, from 7:30 a.m. to 4:15 p.m. during Federal workdays. To beconsidered in the scoping process, written comments should be postmarked by November 14,2006. Electronic comments may be sent by e-mail to the NRC at FitzPatrickEIS@nrc.gov , andshould be sent no later than November 14, 2006, to be considered in the scoping process.
Comments will be available electronically and accessible through ADAMS.Participation in the scoping process for the supplement to the GEIS does not entitleparticipants to become parties to the proceeding to which the supplement to the GEIS relates. Matters related to participation in any hearing are outside the scope of matters to be discussed at this public meeting.At the conclusion of the scoping process, the NRC will prepare a concise summary ofthe determination and conclusions reached, including the significant issues identified, and will  send a copy of the summary to each participant in the scoping process. The summary will alsobe available for viewing in ADAMS. The staff will then prepare and issue for comment the draftsupplement to the GEIS, which will be the subject of separate notices and separate publicmeetings. Copies will be available for public viewing at the above-mentioned addresses, andone copy per request will be provided free of charge, to the extent of supply. After receipt andconsideration of the comments, the NRC will prepare a final supplement to the GEIS, which willalso be available for public viewing.Information about the proposed action, the supplement to the GEIS, and the scopingprocess may be obtained from Mr. Hernandez at the aforementioned telephone number or       e-mail address.       Dated at Rockville, Maryland, this 14 th day of September 2006.       FOR THE NUCLEAR REGULATORY COMMISSION/RA/
Eric J. Benner, Acting DirectorDivision of License Renewal Office of Nuclear Reactor Regulation}}

Revision as of 14:08, 23 November 2019

Determination of Acceptability and Sufficiency for Docketing, Proposed Review Schedule, and Opportunity for a Hearing Regarding the Application from Entergy Nuclear Operations, Inc., for Renewal of the Operating License for the James A. Fit
ML062570127
Person / Time
Site: FitzPatrick Constellation icon.png
Issue date: 09/14/2006
From: Gillespie F
NRC/NRR/ADRO/DLR
To: Peter Dietrich
Entergy Nuclear Operations
Ellis, Twana, NRR/DLR/RLRA 301-415-3134
References
Download: ML062570127 (16)


Text

September 14, 2006 Mr. Peter T. Dietrich Site Vice President James A. FitzPatrick Nuclear Power Plant Entergy Nuclear Operation, Inc.

P.O. Box 110 Lycoming, NY 13093-0110

SUBJECT:

DETERMINATION OF ACCEPTABILITY AND SUFFICIENCY FOR DOCKETING, PROPOSED REVIEW SCHEDULE, AND OPPORTUNITY FOR A HEARING REGARDING THE APPLICATION FROM ENTERGY NUCLEAR OPERATIONS, INC., FOR RENEWAL OF THE OPERATING LICENSE FOR THE JAMES A. FITZPATRICK NUCLEAR POWER PLANT

Dear Mr. Dietrich:

By letter dated on July 31, 2006, the U.S. Nuclear Regulatory Commission (NRC) received the Entergy Nuclear Operations, Inc., application for renewal of Operating License No. DPR-59 for the James A. FitzPatrick Nuclear Power Plant (JAFNPP). Notice of receipt of this application was published in the Federal Register on August 11, 2006 (71 FR 46245). The purpose of this letter is to provide the results of the NRC staffs acceptance review of the license renewal application (LRA) for the JAFNPP. The acceptance review determines whether or not the application is sufficiently completed to allow the NRC staff to proceed with the safety and environmental review.

The NRC staff has reviewed your request following the guidance in NUREG-1800, Rev. 1, Standard Review Plan for Review of License Renewal Applications for Nuclear Power Plants, and NUREG-1555, Environmental Standard Review Plan. As a result, the NRC staff has determined that the application is complete and 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 (RAIs) as the review proceeds.

This letter forwards the NRC staffs safety and environmental review schedule for the JAFNPP 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 will, if necessary, be established by the Commission or Atomic Safety and Licensing Board.

We would like to stress that this is a very detailed and thorough review. The NRC staff will make every effort to meet the schedule milestones; and thus, your responses to the staff RAIs, if needed, must be thoroughly complete and be provided in a timely manner. We request that

P. Dietrich you inform the NRC 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.

If you have any questions on this matter, please contact Tommy Le, License Renewal Senior Project Manager for the JAFNPP LRA review, by telephone at 301-415-1458 or via e-mail at NBL@nrc.gov.

Sincerely,

/RA/ Eric Benner for Frank P. Gillespie, Director Division of License Renewal Office of Nuclear Reactor Regulation Docket No. 50-333

Enclosures:

As stated cc w/encls: See next page

ML062570127 Document Name: E:\Filenet\ML062570127.wpd OFFICE PM:RLRB:DLR PM:REBB:DLR LA:RLRA:DLR OGC NLO BC:REBB:DLR NAME NBLe SHernandez IKing Mzobler RFranovich D. Roth for DATE 09/14/06 08/30/06 09/14/06 09/08/06 09/14/06 NAME BC:RLRB:DLR D:DLR DATE JZimmerman FGillespie 09/14/06 09/08/06

FitzPatrick Nuclear Power Plant cc:

Mr. Gary J. Taylor U. S. Nuclear Regulatory Commission Chief Executive Officer Resident Inspector's Office Entergy Operations, Inc. James A. FitzPatrick Nuclear Power Plant 1340 Echelon Parkway P.O. Box 136 Jackson, MS 39213 Lycoming, NY 13093 Mr. John T. Herron Ms. Charlene D. Faison Sr. VP and Chief Operating Officer Manager, Licensing Entergy Nuclear Operations, Inc. Entergy Nuclear Operations, Inc.

440 Hamilton Avenue 440 Hamilton Avenue White Plains, NY 10601 White Plains, NY 10601 Mr. Peter T. Dietrich Mr. Michael J. Colomb Site Vice President Director of Oversight Entergy Nuclear Operations, Inc. Entergy Nuclear Operations, Inc.

James A. FitzPatrick Nuclear Power Plant 440 Hamilton Avenue P.O. Box 110 White Plains, NY 10601 Lycoming, NY 13093 Mr. David Wallace Mr. Kevin J. Mulligan Director, Nuclear Safety Assurance General Manager, Plant Operations Entergy Nuclear Operations, Inc.

Entergy Nuclear Operations, Inc. James A. FitzPatrick Nuclear Power Plant James A. FitzPatrick Nuclear Power Plant P.O. Box 110 P.O. Box 110 Lycoming, NY 13093 Lycoming, NY 13093 Mr. James Costedio Mr. Oscar Limpias Manager, Regulatory Compliance Vice President Engineering Entergy Nuclear Operations, Inc.

Entergy Nuclear Operations, Inc. James A. FitzPatrick Nuclear Power Plant 440 Hamilton Avenue P.O. Box 110 White Plains, NY 10601 Lycoming, NY 13093 Mr. Christopher Schwarz Assistant General Counsel Vice President, Operations Support Entergy Nuclear Operations, Inc.

Entergy Nuclear Operations, Inc. 440 Hamilton Avenue 440 Hamilton Avenue White Plains, NY 10601 White Plains, NY 10601 Mr. Charles Donaldson, Esquire Mr. John F. McCann Assistant Attorney General Director, Licensing New York Department of Law Entergy Nuclear Operations, Inc. 120 Broadway 440 Hamilton Avenue New York, NY 10271 White Plains, NY 10601

FitzPatrick Nuclear Power Plant cc:

Mr. Peter R. Smith, President Oswego County Administrator New York State Energy, Research, Mr. Steven Lyman and Development Authority 46 East Bridge Street 17 Columbia Circle Oswego, NY 13126 Albany, NY 12203-6399 Regional Administrator, Region I Mr. Paul Eddy U.S. Nuclear Regulatory Commission New York State Dept. of Public Service 475 Allendale Road 3 Empire State Plaza King of Prussia, PA 19406 Albany, NY 12223-1350 Supervisor Town of Scriba Route 8, Box 382 Oswego, NY 13126 Mr. James H. Sniezek BWR SRC Consultant 5486 Nithsdale Drive Salisbury, MD 21801-2490 Mr. Michael D. Lyster BWR SRC Consultant 5931 Barclay Lane Naples, FL 34110-7306 Mr. Garrett D. Edwards 814 Waverly Road Kennett Square, PA 19348 Mr. James Ross Nuclear Energy Institute 1776 I Street, N.W. Suite 400 Washington, D.C. 20006-3708 Mr. Rick Plasse Project Manager, License Renewal Entergy Nuclear Operations, Inc.

James A. FitzPatrick Nuclear Power Plant P.O. Box 110 Lycoming, NY 13093

JAMES A. FITZPATRICK NUCLEAR POWER STATION LICENSE RENEWAL APPLICATION REVIEW SCHEDULE Milestone Schedule Actual Receive License Renewal Application (LRA) 08/01/2006 08/01/06 Federal Register Notice (FRN) Published - Receipt & Availability Review 08/11/2006 08/11/06 FRN Published - Acceptability/Opportunity for Hearing &

09/18/2006 Intent/Environmental Scoping Meeting Audit - Scoping and Screening Methodology 09/25/2006 Public Meeting - License Renewal Process & Environmental 10/12/2006 Scoping Audit - Aging Management Programs (AMPs) 11/13/2006 Deadline for Filing Hearing Requests and Petitions for Intervention 11/14/2006 Environmental Scoping Periods Ends 11/14/2006 Environmental Site Audit 12/04/2006 Audit - Aging Management Reviews (AMRs) 12/11/2006 Environmental Requests for Additional Information (RAIs) - Issued 01/19/2007 Environmental RAIs - Responses Received 03/05/2007 Inspection - Scoping and Screening/AMP RI-TBD Draft Supplemental Environmental Impact Statement (SEIS) Issued 08/03/2007 FRN Published - Availability/Comment on draft SEIS 08/10/2007 Public Meeting - draft SEIS 09/11/2007 End of draft SEIS Comment Period 10/17/2007 Safety Evaluation Report (SER) with Open Item(s) - Issued 08/31/2007 ACRS Subcommittee Meeting on SER with Open Item(s) 10/2007 SER - Issued 01/26/2008 ACRS Full Committee Meeting on SER 03/2008 ACRS Letter issued 03/2008 Final SEIS - Issued 04/09/2008 FRN Published - Availability of Final SEIS 04/18/2008 Staff Recommendation to Director, NRR 05/2008 NRR Director Decision (license issued, if approved and no hearing is 05/31/2008 granted - 22 mo)

Commission Decision (if hearing is granted - 30 months) 01/31/2009 Enclosure 1

7590-01-P UNITED STATES NUCLEAR REGULATORY COMMISSION NOTICE OF ACCEPTANCE FOR DOCKETING OF THE APPLICATION, NOTICE OF OPPORTUNITY FOR HEARING AND NOTICE OF INTENT TO PREPARE AN ENVIRONMENTAL IMPACT STATEMENT AND CONDUCT SCOPING PROCESS FOR FACILITY OPERATING LICENSE NO. DPR-59 FOR AN ADDITIONAL 20-YEAR PERIOD ENTERGY NUCLEAR OPERATIONS, INC.,

JAMES A. FITZPATRICK NUCLEAR POWER PLANT DOCKET NO. 50-333 The U.S. Nuclear Regulatory Commission (NRC or the Commission) is considering an application for the renewal of Operating License No. DPR-59, which authorizes Entergy Nuclear Operations, Inc., (Entergy) to operate the James A. FitzPatrick Nuclear Power Plant (JAFNPP) at 2536 megawatts thermal. The renewed license would authorize the applicant to operate the JAFNPP for an additional 20 years beyond the period specified in the current license. JAFNPP is located on Lake Ontario in Oswego County, approximately seven miles northeast of the City of Oswego, New York. The current operating license for the JAFNPP expires on October 17, 2014.

On August 1, 2006, the Commissions staff received the application from Entergy, to renew the Operating License No. DPR-59 for JAFNPP, pursuant to 10 CFR Part 54. A Notice of Receipt and Availability of the license renewal application (LRA) was published in the Federal Register on August 11, 2006 (71 FR 46245).

Enclosure 2

The Commissions staff has reviewed the LRA for its acceptability and has determined that Entergy has submitted sufficient information in accordance with 10 CFR 54.19, 54.21, 54.22, 54.23, and 51.53(c), and the application is acceptable for docketing. The current Docket No. 50-333 for Operating License No. DPR-59 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 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 plants CLB comply with the Act and the Commissions regulations. The Commission also must first find that the requirements of Subpart A of 10 CFR 51 have been satisfied, and that matters raised under 10 CFR 2.335 have been addressed.

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 license. 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, Rockville, Maryland 20852 and is accessible from the 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 ADAMS or who encounter problems in accessing the documents located in ADAMS should contact the NRCs PDR reference staff by telephone at 1-800-397-4209, or 301-415-4737, or by e-mail at pdr@nrc.gov. If a request for a hearing/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/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/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 license 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.

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 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.

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.

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) e-mail 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 301-415-1966.2 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 e-mail 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, Mr. Terrence A. Burke, Entergy Nuclear, 1340 Echelon Parkway, Mail Stop ECH-62, Jackson, Mississippi 39213.

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).

In addition, the purpose of this notice is to inform the public that the NRC will be preparing an environmental impact statement (EIS) related to the review of the LRA and to provide the public an opportunity to participate in the environmental scoping process, as defined in 10 CFR 51.29. In accordance with 10 CFR 51.95(c), the NRC will prepare an environmental impact statement that will be used as a supplement to the Commissions NUREG-1437, Generic Environmental Impact Statement for License Renewal of Nuclear Power Plants (GEIS), dated May 1996. Pursuant to 10 CFR 51.26, and as part of the 2

If the request/petition is filed by e-mail or facsimile, an original and two copies of the document must be mailed within 2 (two) business days thereafter to the Secretary, U.S. Nuclear Regulatory Commission, Washington, D.C., 20555-0001; Attention: Rulemaking and Adjudications Staff.

environmental scoping process, the NRC staff intends to hold a public scoping meeting. In addition, as outlined in 36 CFR 800.8, Coordination with the National Environmental Policy Act, the NRC plans to coordinate compliance with Section 106 of the National Historic Preservation Act in meeting the requirements of the National Environmental Policy Act of 1969 (NEPA).

In accordance with 10 CFR 51.53(c) and 10 CFR 54.23, Entergy prepared and submitted the Environmental Report (ER) as part of the LRA. The LRA and the ER are publicly available at the NRCs PDR, located at One White Flint North, 11555 Rockville Pike, Rockville, Maryland, 20852, or from the NRCs ADAMS. The ADAMS Public Electronic Reading Room is accessible at http://adamswebsearch.nrc.gov/dologin.htm. The ADAMS Accession Numbers for the LRA and the ER are ML062160494 and ML062160557, respectively. 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 by telephone at 1-800-397-4209, or 301-415-4737, or by e-mail at pdr@nrc.gov. The LRA and the ER may also be viewed on the internet at www.nrc.gov/reactors/operating/licensing/renewal/applications/fitzpatrick.html.

In addition, the LRA and the ER are available for public inspection near the JAFNPP at the following public libraries: Penfield Library SUNY, 7060 State Route 104, Oswego, New York 13126; and .

Possible alternatives to the proposed action (license renewal) include no action and reasonable alternative energy sources. The NRC is required by 10 CFR 51.95 to prepare a supplement to the GEIS in connection with the renewal of an operating license. This notice is being published in accordance with 10 CFR 51.26.

The NRC staff will first conduct a scoping process for the supplement to the GEIS and, as soon as practicable thereafter, will prepare a draft supplement to the GEIS for public comment. Participation in the scoping process by members of the public and local, State,

Tribal, and Federal government agencies are encouraged. As described in 10 CFR 51.29, the scoping process for the supplement to the GEIS will be used to accomplish the following:

a. Define the proposed action which is to be the subject of the supplement to the GEIS.
b. Determine the scope of the supplement to the GEIS and identify the significant issues to be analyzed in depth.
c. Identify and eliminate from detailed study those issues that are peripheral or that are not significant.
d. Identify any environmental assessments and other ElSs that are being or will be prepared that are related to, but are not part of, the scope of the supplement to the GEIS being considered.
e. Identify other environmental review and consultation requirements related to the proposed action.
f. Indicate the relationship between the timing of the preparation of the environmental analyses and the Commission's tentative planning and decision-making schedule.
g. Identify any cooperating agencies and, as appropriate, allocate assignments for preparation and schedules for completing the supplement to the GEIS to the NRC and any cooperating agencies.
h. Describe how the supplement to the GEIS will be prepared, and include any contractor assistance to be used.

The NRC invites the following entities to participate in scoping:

a. The applicant, Entergy Nuclear Operations, Inc.
b. Any Federal agency that has jurisdiction by law or special expertise with respect to any environmental impact involved, or that is authorized to develop and enforce relevant environmental standards.
c. Affected State and local government agencies, including those authorized to develop and enforce relevant environmental standards.
d. Any affected Indian tribe.
e. Any person who requests or has requested an opportunity to participate in the scoping process.
f. Any person who has petitioned or intends to petition for leave to intervene.

In accordance with 10 CFR 51.26, the scoping process for an EIS may include a public scoping meeting to help identify significant issues related to a proposed activity and to determine the scope of issues to be addressed in an EIS. The NRC will hold public meetings for the JAFNPP license renewal supplement to the GEIS, at the Town Municipal Building, 42 Creamery Road, Oswego, New York 13126, on Thursday, October 12, 2006. There will be two identical meetings to accommodate interested parties. The first meeting will convene at 1:30 p.m. and will continue until 4:30 p.m., as necessary. The second meeting will convene at 7:00 p.m. and will continue until 10:00 p.m., as necessary. Both meetings will be transcribed and will include: (1) an overview by the NRC staff of the NRCs license renewal review process; (2) an overview by the NRC staff of the NEPA environmental review process, the proposed scope of the supplement to the GEIS, and the proposed review schedule; and (3) the opportunity for interested government agencies, organizations, and individuals to submit comments or suggestions on the environmental issues or the proposed scope of the supplement to the GEIS. Additionally, the NRC staff will host informal discussions one hour prior to the start of each session at the same location. No formal comments on the proposed scope of the supplement to the GEIS will be accepted during the informal discussions. To be considered, comments must be provided either at the transcribed public meetings or in writing, as discussed below. For more information about the proposed action, the scoping process, and the environmental impact statement, please contact the NRC Environmental Project Manager, Mr. Samuel Hernandez, at Mail Stop O-11F1, U.S. Nuclear Regulatory Commission, Washington, DC 20555, by telephone at 1-800-368-5642, extension 4049, or by e-mail at shq@nrc.gov. Persons may register to attend or present oral comments at the meetings on the

scope of the NEPA review by contacting Mr. Hernandez. Members of the public may also register to speak at the meeting within 15 minutes of the start of each meeting.

Individual oral comments may be limited by the time available, depending on the number of persons who register. Members of the public who have not registered may also have an opportunity to speak, if time permits. Public comments will be considered in the scoping process for the supplement to the GEIS. Mr. Hernandez will need to be contacted no later than September 29, 2006, if special equipment or accommodations are needed to attend or present information at the public meeting, so that the NRC staff can determine whether the request can be accommodated.

Members of the public may send written comments on the environmental scope of the JAFNPP license renewal review to: Chief, Rules and Directives Branch, Division of Administrative Services, Office of Administration, Mail Stop T-6D59, U.S. Nuclear Regulatory Commission, Washington, D.C., 20555-0001, and should cite the publication date and page number of this Federal Register notice. Comments may also be delivered to the U.S. Nuclear Regulatory Commission, Mail Stop T-6D59, Two White Flint North, 11545 Rockville Pike, Rockville, Maryland, 20852, from 7:30 a.m. to 4:15 p.m. during Federal workdays. To be considered in the scoping process, written comments should be postmarked by November 14, 2006. Electronic comments may be sent by e-mail to the NRC at FitzPatrickEIS@nrc.gov, and should be sent no later than November 14, 2006, to be considered in the scoping process.

Comments will be available electronically and accessible through ADAMS.

Participation in the scoping process for the supplement to the GEIS does not entitle participants to become parties to the proceeding to which the supplement to the GEIS relates.

Matters related to participation in any hearing are outside the scope of matters to be discussed at this public meeting.

At the conclusion of the scoping process, the NRC will prepare a concise summary of the determination and conclusions reached, including the significant issues identified, and will

send a copy of the summary to each participant in the scoping process. The summary will also be available for viewing in ADAMS. The staff will then prepare and issue for comment the draft supplement to the GEIS, which will be the subject of separate notices and separate public meetings. Copies will be available for public viewing at the above-mentioned addresses, and one copy per request will be provided free of charge, to the extent of supply. After receipt and consideration of the comments, the NRC will prepare a final supplement to the GEIS, which will also be available for public viewing.

Information about the proposed action, the supplement to the GEIS, and the scoping process may be obtained from Mr. Hernandez at the aforementioned telephone number or e-mail address.

Dated at Rockville, Maryland, this 14th day of September 2006.

FOR THE NUCLEAR REGULATORY COMMISSION

/RA/

Eric J. Benner, Acting Director Division of License Renewal Office of Nuclear Reactor Regulation