ML060800745

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 Pilgrim Nucl

ML060800745
Person / Time
Site:	Pilgrim
Issue date:	03/21/2006
From:	Gillespie F NRC/NRR/ADRO/DLR
To:	Kansler M Entergy Nuclear Operations
Weaver, K, NRR/DLR/RLRA, 415-3407
References
Download: ML060800745 (15)

Text

March 21, 2006 Mr. Michael Kansler President Entergy Nuclear Operations, Inc.

440 Hamilton Avenue White Plains, NY 10601

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 PILGRIM NUCLEAR POWER STATION

Dear Mr. Kansler:

By letter dated on January 25, 2006, the U.S. Nuclear Regulatory Commission (NRC) received the Entergy Nuclear Operations, Inc., application for renewal of Operating License No. DPR-35 for the Pilgrim Nuclear Power Station. Notice of receipt of this application was published in the Federal Register on February 6, 2006 (71 FR 6101). The purpose of this letter is to provide the results of the NRC staffs acceptance review of the license renewal application for the Pilgrim Nuclear Power Station. The acceptance review determines whether or not the application is sufficiently completed to allow the NRC staff to proceed with the technical review.

The NRC staff has reviewed your request following the guidance in NUREG-1800, 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 as the review proceeds.

This letter forwards the staffs safety and environmental review schedule for the Pilgrim Nuclear Power Station 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.

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

M. Kansler 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 Kathy D. Weaver, License Renewal Senior Project Manager for the Pilgrim Nuclear Power Station, by telephone at 301-415-3407 or via e-mail at KDW@nrc.gov.

Sincerely,

/RA/

Frank P. Gillespie, Director Division of License Renewal Office of Nuclear Reactor Regulation Docket No. 50-293

Enclosures:

As stated cc w/encls: See next page

ML060800745 Document Name: E:\\Filenet\\ML060800745.wpd OFFICE PM:RLRA:DLR LA:RLRA:DLR OGC NLO BC:RLRA:DLR D:DLR NAME KWeaver YEdmonds Uttal (w/comments)

LLund FGillespie DATE 3/ 21 /06 3/ 21 /06 3/ 15 /06 3/ 21 /06 3/ 21 /06

Pilgrim Nuclear Power Station cc:

Regional Administrator, Region I U. S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406-1415 Senior Resident Inspector U. S. Nuclear Regulatory Commission Pilgrim Nuclear Power Station Post Office Box 867 Plymouth, MA 02360 Chairman, Board of Selectmen 11 Lincoln Street Plymouth, MA 02360 Chairman Nuclear Matters Committee Town Hall 11 Lincoln Street Plymouth, MA 02360 Chairman, Duxbury Board of Selectmen Town Hall 878 Tremont Street Duxbury, MA 02332 Office of the Commissioner Massachusetts Department of Environmental Protection One Winter Street Boston, MA 02108 Office of the Attorney General One Ashburton Place 20th Floor Boston, MA 02108 Director, Radiation Control Program Commonwealth of Massachusetts Executive Offices of Health and Human Services 174 Portland Street Boston, MA 02114 Secretary of Public Safety Executive Office of Public Safety One Ashburton Place Boston, MA 02108 Director, Massachusetts Emergency Management Agency Attn: James Muckerheide 400 Worcester Road Framingham, MA 01702-5399 Mr. William D. Meinert Nuclear Engineer Massachusetts Municipal Wholesale Electric Company P.O. Box 426 Ludlow, MA 01056-0426 Mr. Michael A. Balduzzi Site Vice President Entergy Nuclear Operations, Inc.

Pilgrim Nuclear Power Station 600 Rocky Hill Road Plymouth, MA 02360-5508 Mr. Stephen J. Bethay Director, Nuclear Safety Assurance Entergy Nuclear Operations, Inc.

Pilgrim Nuclear Power Station 600 Rocky Hill Road Plymouth, MA 02360-5508 Mr. Bryan S. Ford Manager, Licensing Entergy Nuclear Operations, Inc.

Pilgrim Nuclear Power Station 600 Rocky Hill Road Plymouth, MA 02360-5508 Mr. Gary J. Taylor Chief Executive Officer Entergy Operations 1340 Echelon Parkway Jackson, MS 39213

Pilgrim Nuclear Power Station cc:

Mr. John T. Herron Sr. VP and Chief Operating Officer Entergy Nuclear Operations, Inc.

440 Hamilton Avenue White Plains, NY 10601 Mr. Oscar Limpias Vice President, Engineering Entergy Nuclear Operations, Inc.

440 Hamilton Avenue White Plains, NY 10601 Mr. Christopher Schwarz Vice President, Operations Support Entergy Nuclear Operations, Inc.

440 Hamilton Avenue White Plains, NY 10601 Mr. John F. McCann Director, Nuclear Safety Assurance Entergy Nuclear Operations, Inc.

440 Hamilton Avenue White Plains, NY 10601 Ms. Charlene D. Faison Manager, Licensing Entergy Nuclear Operations, Inc.

440 Hamilton Avenue White Plains, NY 10601 Mr. Michael D. Lyster 5931 Barclay Lane Naples, FL 34110-7306 Mr. Michael J. Colomb Director of Oversight Entergy Nuclear Operations, Inc.

440 Hamilton Avenue White Plains, NY 10601 Ms. Stacey Lousteau Treasury Department Entergy Services, Inc.

639 Loyola Avenue New Orleans, LA 70113 Mr. James Sniezek 5486 Nithsdale Drive Salisbury, MD 21801 Mr. Travis C. McCullough Assistant General Counsel Entergy Nuclear Operations, Inc.

440 Hamilton Avenue White Plains, NY 10601 Mr. James Ross Nuclear Energy Institute 1776 I Street, NW, Suite 400 Washington, DC 20006-3708 Plymouth Public Library 132 South Street Plymouth, MA 02360 ATTN: Dinah OBrien

Letter to Michael Kansler from Frank Gillespie dated March 21, 2006

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 PILGRIM NUCLEAR POWER STATION ADAMS Accession No.: ML060800745 HARD COPY DLR R/F KWeaver E-MAIL:

JFair RWeisman AMurphy RPettis GGalletti CLi GBagchi SSmith (srs3)

SDuraiswamy YL (Renee) Li RidsNrrDlr RidsNrrDlrRlra RidsNrrDlrRlrb RidsNrrDe RidsNrrDci RidsNrreEemb RidsNrrDeEeeb RidsNrrDeEqva RidsNrrDss RidsNrrDnrl RidsOgcMailCenter RidsNrrAdes DLR Staff RLaufer JShea CAnderson, RI MSykes, RI DScrenci, RI NSheeham, RI MModes, RI GMiller,RI WRaymond, Sr. Resident MLemoncelli OPA PILGRIM NUCLEAR POWER STATION LICENSE RENEWAL APPLICATION REVIEW SCHEDULE Milestone Schedule Actual Receive License Renewal (LR) Application 01/27/2006 Federal Register Notice (FRN) Published - Receipt & Availability Review 01/31/2006 Public Information Meeting - LR Process & Safety Review Overview 03/08/2006 FRN Published - Acceptability/Opportunity for Hearing 03/28/2006 FRN Published - Intent/Environmental Scoping Meeting 04/14/2006 Environmental Site Audit 05/01/2006 Public Meeting - Environmental Scoping 05/17/2006 Audit - Aging Management Programs (AMPs) 05/22/2006 Deadline for Filing Hearing Requests and Petitions for Intervention 05/27/2006 Audit - Scoping and Screening Methodology 06/05/2006 Public Exit Meeting - Scoping & Screening Methodology Audit 06/09/2006 Environmental Scoping Periods Ends 06/14/2006 Audit - Aging Management Reviews (AMRs) 06/19/2006 Environmental Requests for Additional information (RAIs) - Issued 07/14/2006 Public Exit Meeting - AMP/AMR Audit (Opt. 7/24-27/06) 07/27/2006 Environmental RAIs - Responses Received 08/24/2006 Safety RAIs - Issued 09/10/2006 Safety RAI - Responses Received 10/10/2006 Inspection - Scoping and Screening/AMP TBD Public Exit Meeting - Scoping & Screening/AMP Inspections TBD Draft Supplemental Environmental Impact Statement (SEIS) Issued 12/08/2006 FRN Published - Availability/Comment on draft SEIS 12/15/2006 Public Meeting - draft SEIS 01/24/2007 End of draft SEIS Comment Period 02/28/2007 Safety Evaluation Report (SER) with Open Item(s) - Issued 03/01/2007 ACRS Subcommittee Meeting on SER with Open Item(s) 04/ /2007 SER Open Item(s) - Response(s) Received 05/01/2007 SER - Issued 07/01/2007 Final SEIS - Issued 07/27/2007 ACRS Full Committee Meeting on SER 09/ /2007 FRN Published - Availability of Final SEIS 08/03/2007 Decision Director, NRR (license issued, if approved and no hearing is granted - 22 mo) 11/27/2007 Commission Decision (if hearing is granted - 30 months) 07/27/2008

7590-01-P UNITED STATES NUCLEAR REGULATORY COMMISSION ENTERGY NUCLEAR OPERATIONS, INC.

PILGRIM NUCLEAR POWER STATION NOTICE OF ACCEPTANCE FOR DOCKETING OF THE APPLICATION AND NOTICE OF OPPORTUNITY FOR HEARING REGARDING RENEWAL OF FACILITY OPERATING LICENSE NO. DPR-35 FOR AN ADDITIONAL 20-YEAR PERIOD DOCKET NO. 50-293 The U.S. Nuclear Regulatory Commission (NRC or the Commission) is considering an application for the renewal of Operating License No. DPR-35, which authorizes Entergy Nuclear Operations, Inc., to operate the Pilgrim Nuclear Power Station at 2028 megawatts (MWt) thermal. The renewed license would authorize the applicant to operate the Pilgrim Nuclear Power Station for an additional 20 years beyond the period specified in the current license. The current operating license for the Pilgrim Nuclear Power Station expires on June 8, 2012.

The Commissions staff received the application dated January 25, 2006, from Entergy Nuclear Operations, Inc., pursuant to 10 CFR Part 54, to renew the Operating License No.

DPR-35 for Pilgrim Nuclear Power Station. A Notice of Receipt and Availability of the license renewal application, Entergy Nuclear Operations, Inc., Notice of Receipt and Availability of Application for Renewal of Pilgrim Nuclear Power Station Facility Operating License No.

DPR-35 for an Additional 20-Year Period, was published in the Federal Register on February 6, 2006 (71 FR 6101).

The Commissions staff has determined that Entergy Nuclear Operations, Inc., 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. 50-293 for Operating License No. DPR-35 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 will issue a renewed license on the basis of its review if it finds that actions have been identified and have been or will be taken with respect to: (1) managing the effects of aging during the period of extended operation on the functionality of structures and components that have been identified as requiring aging management review, and (2) time-limited aging analyses that have been identified as requiring review, such that there is reasonable assurance that the activities authorized by the renewed license will continue to be conducted in accordance with the current licensing basis (CLB), and that any changes made to the plant*s CLB comply with the Act and the Commissions regulations.

Additionally, in accordance with 10 CFR 51.95(c), the NRC will prepare an environmental impact statement that is a supplement to the Commissions NUREG-1437, Generic Environmental Impact Statement for License Renewal of Nuclear Power Plants, dated May 1996. Pursuant to 10 CFR 51.26, and as part of the environmental scoping process, the staff intends to hold a public scoping meeting. Detailed information regarding this meeting will be the subject of a separate Federal Register notice.

Within 60 days after the date of publication of this Federal Register Notice, the applicant may file a request for a hearing, and any person whose interest may be affected by this proceeding and who wishes to participate as a party in the proceeding must file a written request for a hearing and a petition for leave to intervene with respect to the renewal of the 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, first floor, 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 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 1To the extent that the application contains attachments and supporting documents that are not publicly available because they are asserted to contain safeguards or proprietary information, petitioners desiring access to this information should contact the applicant or applicants counsel to discuss the need for a protective order.

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.

2If 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.

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.

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. Terence A. Burke, Entergy Nuclear, 1340 Echelon Parkway, Mail Stop M-ECH-62, Jackson, MS, 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).

Detailed information about the license renewal process can be found under the Nuclear Reactors icon at http://www.nrc.gov/reactors/operating/licensing/renewal.html on the NRCs Web site. Copies of the application to renew the operating license for Pilgrim Nuclear Power Station, are available for public inspection at the Commission*s PDR, located at One White Flint North, 11555 Rockville Pike, first floor, Rockville, Maryland 20852-2738, and at http://www.nrc.gov/reactors/operating/licensing/renewal/applications.html, the NRCs Web site while the application is under review. The NRC maintains an Agencywide Documents Access and Management System (ADAMS), which provides text and image files of NRCs public documents. These documents may be accessed through the NRCs Public Electronic Reading Room on the Internet at http://www.nrc.gov/reading-rm/adams.html under ADAMS Accession Number ML060300024. Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS may contact the NRC Public Document Room (PDR) Reference staff by telephone at 1-800-397-4209, 301-415-4737, or by e-mail to pdr@nrc.gov.

The staff has verified that a copy of the license renewal application is also available to local residents near the Pilgrim Nuclear Power Station at the Plymouth Public Library, 132 South Street, Plymouth, MA 02360, and The Duxbury Free Library, 77 Alden Street, Duxbury, MA, 02332.

Dated at Rockville, Maryland, this 21st day of March, 2006.

FOR THE NUCLEAR REGULATORY COMMISSION

/RA/

Frank P. Gillespie, Director Division of License Renewal Office of Nuclear Reactor Regulation