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E-M:/ Cook Nuclear Plant



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[Federal Register: December 10, 2003 (Volume 68, Number 237)]
[Notices]
[Page 68956-68958]
 >From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10de03-124]

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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-315 and 50-316]

Indiana Michigan Power Company, Donald C. Cook Nuclear Plant,
Units 1 and 2; Notice of Acceptance for Docketing of the Application
and Notice of Opportunity for Hearing Regarding Renewal of Facility
Operating License Nos. DPR-58 and DPR-74 for an Additional 20-Year
Period

     The U.S. Nuclear Regulatory Commission (NRC or the Commission) is
considering an application for the renewal of Operating License Nos.
DPR-58 and DPR-74, which authorize the Indiana Michigan Power Company
to operate D. C. Cook Nuclear Plant, at 3304 megawatts thermal for Unit
1 and at 3468 megawatts thermal for Unit 2, respectively. The renewed
licenses would authorize the applicant to operate D. C. Cook Nuclear
Plant, Units 1 and 2, for an additional 20-years beyond the period
specified in the current licenses. The current operating licenses for
D. C. Cook Nuclear Plant, Units 1 and 2, expire on October 25, 2014 and
December 23, 2017, respectively.
     On November 3, 2003, the Commission's staff received an application
from Indiana Michigan Power Company, filed pursuant to 10 CFR Part 54,
to renew the Operating License Nos. DPR-58 and DPR-74 for D. C. Cook
Nuclear Plant, Units 1 and 2, respectively. A Notice of Receipt and
Availability of the license renewal application, ``Indiana Michigan
Power Company, D. C. Cook Nuclear Plant, Units 1 and 2; Notice of
Receipt and Availability of Application for Renewal of Facility
Operating License Nos. DPR-58 and DPR-74 for an Additional 20-Year
Period,'' was published in the Federal Register on November 10, 2003
(68 FR 63824).
     The Commission's staff has determined that the Indiana Michigan
Power Company has submitted sufficient information in accordance with
10 CFR 54.19, 54.21, 54.22, 54.23, and 51.53(c) that is acceptable for
docketing. The current Docket Nos. 50-

[[Page 68957]]

315 and 50-316 for Operating License Nos. DPR-58 and DPR-74,
respectively, 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 Commission's 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 Commission's regulations.
     Additionally, in accordance with 10 CFR 51.95(c), the NRC will
prepare an environmental impact statement that is a supplement to the
Commission's NUREG-1437, ``Generic Environmental Impact Statement for
License Renewal of Nuclear Power Plants,'' dated May 1996. Pursuant to
10 CFR 51.26, and as part of the environmental scoping process, the
staff intends to hold a public scoping meeting. Detailed information
regarding this meeting will be included in a future Federal Register
notice.
     As discussed further herein, in the event that a hearing is held,
issues that may be litigating will be confined to those pertinent to
the foregoing.
     Within 30 days from the date of publication of this Federal Notice,
the applicant may file a request for a hearing, and any person whose
interest may be affected by this proceeding and who wishes to
participate as a party in the proceeding must file a written request
for a hearing and a petition for leave to intervene with respect to the
renewal of the licenses in accordance with the provisions of 10 CFR
2.714. Interested persons should consult a current copy of 10 CFR
2.714, which is available at the Commission's Public Document Room
(PDR), located at One White Flint North, 11555 Rockville Pike (first
floor) Rockville, Maryland, and on the NRC Web site at <A 
HREF="http://www.nrc.gov/reading-rm/adams.html";>
http://www.nrc.gov/reading-rm/adams.html</A>. If a request for a
hearing or a petition for leave to intervene is filed by the above date,
the Commission or an Atomic Safety and Licensing Board (ASLB) designated
by the Commission or by the Chairman of the ASLB Panel will rule on the
request(s) and/or petition(s), and the Secretary or the designated ASLB
will issue a notice of hearing or an appropriate order. In the event
that no request for a hearing or petition for leave to intervene is
filed by the above date, the NRC may, upon completion of its
evaluations and upon making the findings required under 10 CFR parts 51
and 54, renew the licenses without further notice.
     As required by 10 CFR 2.714, 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 petitioner's right under the Act to be made a party to
the proceeding; (2) the nature and extent of the petitioner's property,
financial, or other interest in the proceeding; and (3) the possible
effect of any order that may be entered in the proceeding on the
petitioner's interest. The petition must also identify the specific
aspect(s) of the subject matter of the proceeding as to which
petitioner wishes to intervene. Any person who has filed a petition for
leave to intervene or who has been admitted as a party may amend the
petition without requesting leave of the board up to 15 days before the
first pre-hearing conference scheduled in the proceeding, but such an
amended petition must satisfy the specificity requirements described
above.
     Not later than 15 days before the first pre-hearing conference
scheduled in the proceeding, a petitioner shall file a supplement to
the petition to intervene that must include a list of the contentions
that the petitioner seeks to have litigated in the hearing. Each
contention must consist of a specific statement of the issue of law or
fact to be raised or controverted. In addition, the 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 and on which the petitioner intends to rely in
proving the contention at the hearing. The petitioner must also provide
references to those specific sources and documents of which the
petitioner is aware and on which the petitioner intends to rely to
establish those facts or expert opinion. The petitioner must provide
sufficient information to show that a genuine dispute exists with the
applicant on a material issue of law or fact. 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
petitioner to relief. A petitioner who fails to file such a supplement
that satisfies these requirements with respect to at least one
contention will not be permitted to participate as a party.
     Those permitted to intervene become parties to the proceeding,
subject to any limitations in the order granting leave to intervene,
and have the opportunity to participate fully in the conduct of the
hearing, including the opportunity to present evidence and cross-
examine witnesses.
     Requests for a hearing and petitions for leave to intervene must be
filed with the Secretary of the Commission, U. S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, Attention: Rulemakings and
Adjudications Staff, or it may be delivered to the Commission's Public
Document Room (PDR), located at One White Flint North, 11555 Rockville
Pike (first floor), Rockville, Maryland, 20855-2738, by the above date.
Because of the continuing disruptions in delivery of mail to United
States Government offices, it is requested that petitions for leave to
intervene and requests for hearing be transmitted to the Secretary of
the Commission either by means of facsimile transmission to 301-415-1101
or by e-mail to <A 
HREF="mailto:hearingdocket@nrc.gov";>hearingdocket@nrc.gov</A>. A copy of 
the request for
hearing and the petition for leave to intervene should also be sent to
the Office of the General Counsel, U. S. Nuclear Regulatory Commission,
Washington, DC 20555-0001. Again, because of continuing disruptions in
delivery of mail to United States Government offices, it is requested
that copies be transmitted either by means of facsimile transmission at
301-415-3725 or by e-mail to <A 
HREF="mailto:OGCMailCenter@nrc.gov";>OGCMailCenter@nrc.gov</A>. A copy of the
request for hearing and petition for leave to intervene should also be
sent to Mr. Mano K. Nazar, Senior Vice President and Chief Nuclear
Officer, Indiana Michigan Power Company, Nuclear Generation Group, One
Cook Place, Bridgman, MI 49106.
     Non-timely filings of petitions for leave to intervene, amended
petitions, supplemental petitions, and/or requests for a hearing will
not be entertained

[[Page 68958]]

absent a determination by the Commission, the presiding officer, or the
ASLB that the petition and/or request should be granted based upon a
balancing of the factors specified in 10 CFR 2.714(a)(1)(i)-(v), and
2.714(d).
     Detailed information about the license renewal process can be found
under the Nuclear Reactors icon on the NRC's Web page at <A 
HREF="http://www.nrc.gov/reactors/operating/licensing/renewal.html";>
http://www.nrc.gov/reactors/operating/licensing/renewal.html</A>.
A copy of the application to renew the operating licenses for D. C. Cook
Nuclear Plant, Units 1 and 2, is available for public inspection at the
Commission's PDR, located at One White Flint North, 11555 Rockville
Pike (first floor), Rockville, Maryland, 20855-2738, and on the NRC's
Web page at <A 
HREF="http://www.nrc.gov/reactors/operating/licensing/renewal/applications.html";>http://www.nrc.gov/reactors/operating/licensing/renewal/
applications.html</A> while the application is under review.
The NRC maintains an Agencywide Documents Access and Management System
(ADAMS), which provides text and image files of NRC's public documents,
and a copy of the application is also available electronically through
the NRC's Public Electronic Reading Room on the Internet at <A 
HREF="http://www.nrc.gov/reading-rm/adams.html";>
http://www.nrc.gov/reading-rm/adams.html</A> under ADAMS
accession number ML033070179. If you do not have access to ADAMS or if
there are problems in accessing the documents located in ADAMS, contact
the NRC Public Document Room (PDR) Reference staff at 1-800-397-4209,
301-415-4737 or by e-mail to <A HREF="mailto:pdr@nrc.gov";>pdr@nrc.gov</A>.
     The staff has verified that the license renewal application has
been provided to the Bridgman Public Library, 4460 Lake Street,
Bridgman, Michigan and the Maud Preston Palenske Memorial Library, 500
Market Street, St. Joseph, Michigan, which are near the D. C. Cook
Nuclear Plant.

     Dated at Rockville, Maryland, this the 4th day of December,
2003.

     For the Nuclear Regulatory Commission.
Pao-Tsin Kuo,
Program Director, License Renewal and Environmental Impacts, Division
of Regulatory Improvement Programs, Office of Nuclear Reactor
Regulation.
[FR Doc. 03-30687 Filed 12-9-03; 8:45 am]
BILLING CODE 7590-01-U



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