ML23341A003

LRA Acceptance and Opportunity for Hearing FRN

ML23341A003
Person / Time
Site:	Diablo Canyon
Issue date:	12/14/2023
From:	Lauren Gibson NRC/NRR/DNRL/NLRP
To:	Gerfen P Pacific Gas & Electric Co
Shared Package
ML23341A002	List: ML23341A003 ML23341A004
References
NRC-2023-0192
Download: ML23341A003 (8)

Text

[7590-01-P]

NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-275 and 50-323; NRC-2023-0192]

License Renewal Application; Pacific Gas and Electric Company;

Diablo Canyon Nuclear Power Plant, Units 1 and 2

AGENCY: Nuclear Regulatory Commission.

ACTION: Acceptance for docketing; opportunity to request a hearing and to petition for

leave to intervene.

SUMMARY

The U.S. Nuclear Regulatory Commission (NRC) found acceptable for

docketing and is considering an application for the renewal of Facility Operating License

Nos. DPR-80 and DPR-82, which authorize Pacific Gas and Electric Company (PG&E,

the applicant) to operate Diablo Canyon Nuclear Power Plant (DCPP), Units 1 and 2.

The current operating licenses for DCPP expire as follows: Unit 1 on November 2, 2024,

and Unit 2 on August 26, 2025. If renewed, the renewed licenses would authorize the

applicant to operate DCPP for an additional 20 years beyond the period specified in

each of the current licenses.

DATES: A request for a hearing or petition for leave to intervene must be filed by

[INSERT DATE 75 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL

REGISTER].

ADDRESSES: Please refer to Docket ID NRC-2023-0192 when contacting the NRC

about the availability of information regarding this document. You may obtain publicly

available information related to this document using any of the following methods:

• Federal Rulemaking Website: Go to https://www.regulations.gov and

search for Docket ID NRC-2023-0192. Address questions about Docket IDs in

Regulations.gov to Stacy Schumann; telephone: 301-287-0624; email:

Stacy.Schumann@nrc.gov. For technical questions, contact the individual listed in the

For Further Information Contact section of this document.

• NRCs Agencywide Documents Access and Management System

(ADAMS): You may obtain publicly available documents online in the ADAMS Public

Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the

search, select Begin Web-based ADAMS Search. For problems with ADAMS, please

contact the NRCs Public Document Room (PDR) reference staff at 1-800-397-4209,

301-415-4737, or by email to PDR.Resource@nrc.gov. The ADAMS accession number

for each document referenced (if it is available in ADAMS) is provided the first time that it

is mentioned in this document.

• Public Library: A copy of the license renewal application for DCPP can be

accessed at the following public library: San Luis Obispo Library, 995 Palm St, San Luis

Obispo, CA 93403.

• NRCs PDR: The PDR, where you may examine and order copies of publicly

available documents, is open by appointment. To make an appointment to visit the PDR,

please send an email to PDR.Resource@nrc.gov or call 1-800-397-4209 or 301-415-

4737, between 8 a.m. and 4 p.m. eastern time (ET), Monday through Friday, except

Federal holidays.

FOR FURTHER INFORMATION CONTACT: Brian Harris, Office of Nuclear Reactor

Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001;

telephone: 301-415-2277; email: Brian.Harris2@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Introduction

The NRC received a license renewal application (LRA) from PG&E, dated

November 7, 2023 (ADAMS Accession No. ML23311A154), filed pursuant to part 54 of

2 title 10 of the Code of Federal Regulations (10 CFR), Requirements for Renewal of

Operating Licenses for Nuclear Power Plants, to renew the operating licenses for

DCPP. DCPP consists of two pressurized-water reactors designed by Westinghouse

and is located in Avila Beach, California. A notice of receipt of the LRA was published in

the Federal Register on November 20, 2023 (88 FR 80780).

The NRC staff has determined that PG&E has submitted sufficient information in

accordance with 10 CFR 54.19, 54.21, 54.22, 54.23, 51.45, and 51.53(c) to enable the

staff to undertake a review of the application, and that the application is, therefore,

acceptable for docketing. The current docket numbers, 50-275 and 50-323, for Facility

Operating License Nos. DPR-80 and DPR-82, respectively, will be retained. The

determination to accept the LRA for docketing does not constitute a determination that a

renewed license should be issued and does not preclude the NRC staff from requesting

additional information as the review proceeds.

Before issuance of the requested renewed licenses, the NRC will have made the

findings required by the Atomic Energy Act of 1954, as amended (the Act), and the

Commissions rules and regulations. In accordance with 10 CFR 54.29, the NRC may

issue a renewed license on the basis of its review if it finds that actions have been

identified and have been or will be taken with respect to: (1) managing the effects of

aging during the period of extended operation on the functionality of structures and

components that have been identified as requiring aging management review; and (2)

time-limited aging analyses that have been identified as requiring review, such that there

is reasonable assurance that the activities authorized by the renewed license will

continue to be conducted in accordance with the current licensing basis and that any

changes made to the plants current licensing basis will comply with the Act and the

Commissions regulations.

3 Additionally, in accordance with 10 CFR 51.95(c), the NRC staff will prepare an

environmental impact statement as a supplement to the Commissions NUREG-1437,

Generic Environmental Impact Statement for License Renewal of Nuclear Plants, dated

June 2013 (ADAMS Accession No. ML13106A241). In considering the LRA, the

Commission must find that the applicable requirements of subpart A of 10 CFR part 51

have been satisfied, and that any matters raised under 10 CFR 2.335 have been

addressed. Pursuant to 10 CFR 51.26, and as part of the environmental scoping

process, the staff intends to hold public scoping meetings. Detailed information

regarding the environmental scoping meetings will be the subject of a separate Federal

Register notice.

II. Opportunity to Request a Hearing and Petition for Leave to Intervene

Within 75 days after the date of publication of this notice, any person (petitioner)

whose interest may be affected by this action may file a request for a hearing and

petition for leave to intervene (petition) with respect to the action. The NRCs regulations

require a minimum of 60 days within which to file a request for a hearing and petition for

leave to intervene. Here, the NRC is extending that time period to 75 days in

consideration of the holiday season. Petitions shall be filed in accordance with the

Commissions Agency Rules of Practice and Procedure in 10 CFR part 2. Interested

persons should consult 10 CFR 2.309. If a petition is filed, the presiding officer will rule

on the petition and, if appropriate, a notice of a hearing will be issued.

Petitions must be filed no later than 75 days from the date of publication of this

notice in accordance with the filing instructions in the Electronic Submissions (E-Filing)

section of this document. Petitions and motions for leave to file new or amended

contentions that are filed after the deadline will not be entertained absent a

4 determination by the presiding officer that the filing demonstrates good cause by

satisfying the three factors in 10 CFR 2.309(c)(1)(i) through (iii).

A State, local governmental body, Federally recognized Indian Tribe, or

designated agency thereof, may submit a petition to the Commission to participate as a

party under 10 CFR 2.309(h) no later than 75 days from the date of publication of this

notice. Alternatively, a State, local governmental body, Federally recognized Indian

Tribe, or agency thereof may participate as a non-party under 10 CFR 2.315(c).

For information about filing a petition and about participation by a person not a

party under 10 CFR 2.315, see ADAMS Accession No. ML20340A053

(https://adamswebsearch2.nrc.gov/webSearch2/main.jsp?AccessionNumber=ML20340A

053) and on the NRCs public website at https://www.nrc.gov/about-

nrc/regulatory/adjudicatory/hearing.html#participate.

III. Electronic Submissions (E-Filing)

All documents filed in NRC adjudicatory proceedings including documents filed

by an interested State, local governmental body, Federally recognized Indian Tribe, or

designated agency thereof that requests to participate under 10 CFR 2.315(c), must be

filed in accordance with 10 CFR 2.302. The E-Filing process requires participants to

submit and serve all adjudicatory documents over the internet, or in some cases, to mail

copies on electronic storage media, unless an exemption permitting an alternative filing

method, as further discussed, is granted. Detailed guidance on electronic submissions

is located in the Guidance for Electronic Submissions to the NRC (ADAMS Accession

No. ML13031A056) and on the NRCs public website at https://www.nrc.gov/site-help/e-

submittals.html.

To comply with the procedural requirements of E-Filing, at least 10 days prior to

the filing deadline, the participant should contact the Office of the Secretary by email at

5 Hearing.Docket@nrc.gov, or by telephone at 301-415-1677, to (1) request a digital

identification (ID) certificate, which allows the participant (or its counsel or

representative) to digitally sign submissions and access the E-Filing system for any

proceeding in which it is participating; and (2) advise the Secretary that the participant

will be submitting a petition or other adjudicatory document (even in instances in which

the participant, or its counsel or representative, already holds an NRC-issued digital ID

certificate). Based upon this information, the Secretary will establish an electronic docket

for the proceeding if the Secretary has not already established an electronic docket.

Information about applying for a digital ID certificate is available on the NRCs

public website at https://www.nrc.gov/site-help/e-submittals/getting-started.html. After a

digital ID certificate is obtained and a docket created, the participant must submit

adjudicatory documents in Portable Document Format. Guidance on submissions is

available on the NRCs public website at https://www.nrc.gov/site-help/electronic-sub-ref-

mat.html. A filing is considered complete at the time the document is submitted through

the NRCs E-Filing system. To be timely, an electronic filing must be submitted to the E-

Filing system no later than 11:59 p.m. ET on the due date. Upon receipt of a

transmission, the E-Filing system time-stamps the document and sends the submitter an

email confirming receipt of the document. The E-Filing system also distributes an email

that provides access to the document to the NRCs Office of the General Counsel and

any others who have advised the Office of the Secretary that they wish to participate in

the proceeding, so that the filer need not serve the document on those participants

separately. Therefore, applicants and other participants (or their counsel or

representative) must apply for and receive a digital ID certificate before adjudicatory

documents are filed to obtain access to the documents via the E-Filing system.

6 A person filing electronically using the NRCs adjudicatory E-Filing system may

seek assistance by contacting the NRCs Electronic Filing Help Desk through the

Contact Us link located on the NRCs public website at https://www.nrc.gov/site-help/e-

submittals.html, by email to MSHD.Resource@nrc.gov, or by a toll-free call at

1-866-672-7640. The NRC Electronic Filing Help Desk is available between 9 a.m. and

6 p.m., ET, Monday through Friday, except Federal holidays.

Participants who believe that they have good cause for not submitting documents

electronically must file an exemption request, in accordance with 10 CFR 2.302(g), with

their initial paper filing stating why there is good cause for not filing electronically and

requesting authorization to continue to submit documents in paper format. Such filings

must be submitted in accordance with 10 CFR 2.302(b)-(d). Participants filing

adjudicatory documents in this manner are responsible for serving their documents on all

other participants. Participants granted an exemption under 10 CFR 2.302(g)(2) must

still meet the electronic formatting requirement in 10 CFR 2.302(g)(1), unless the

participant also seeks and is granted an exemption from 10 CFR 2.302(g)(1).

Documents submitted in adjudicatory proceedings will appear in the NRCs

electronic hearing docket, which is publicly available at https://adams.nrc.gov/ehd,

unless excluded pursuant to an order of the presiding officer. If you do not have an NRC-

issued digital ID certificate as previously described, click cancel when the link requests

certificates and you will be automatically directed to the NRCs electronic hearing

dockets where you will be able to access any publicly available documents in a particular

hearing docket. Participants are requested not to include personal privacy information

such as social security numbers, home addresses, or personal phone numbers in their

filings unless an NRC regulation or other law requires submission of such information.

With respect to copyrighted works, except for limited excerpts that serve the purpose of

7 the adjudicatory filings and would constitute a Fair Use application, participants should

not include copyrighted materials in their submission.

Detailed information about the license renewal process can be found under the

Nuclear Reactors icon on the NRCs public website at

https://www.nrc.gov/reactors/operating/licensing/renewal.html. Copies of the application

to renew the operating licenses for DCPP are available for public inspection at the

NRCs PDR, and on the NRCs public website at

https://www.nrc.gov/reactors/operating/licensing/renewal/applications.html. The

application may be accessed in ADAMS through the NRC Library on the internet at

https://www.nrc.gov/reading-rm/adams.html under ADAMS Accession No.

ML23311A154. As previously stated, persons who do not have access to ADAMS or

who encounter problems in accessing the documents located in ADAMS may contact

the NRCs PDR reference staff by telephone at 1-800-397-4209 or 301-415-4737, or by

email to PDR.Resource@nrc.gov.

Dated: December 14, 2023.

For the Nuclear Regulatory Commission.

/RA/

Lauren K. Gibson, Chief, License Renewal Project Branch, Division of New and Renewed Licenses, Office of Nuclear Reactor Regulation.

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