FirstEnergy Nuclear Operating Company (FENOC); Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing, 9391-9393 [05-3769]
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Federal Register / Vol. 70, No. 37 / Friday, February 25, 2005 / Notices
Programs Division relating to such
matters as health and safety programs,
records management, supply and
property management, and facilities
management. Records include project
files, studies, correspondence, and
reports. Also included are electronic
copies of records created using
electronic mail and word processing.
Proposed for permanent are
recordkeeping copies of ‘‘Fiscal Scene,’’
a publication produced by the agency.
11. Department of the Treasury,
Financial Crimes Enforcement Network
(N1–559–05–1, 34 items, 34 temporary
items). Records relating to the agency’s
mission of providing Government-wide
support for the detection, investigation,
and prosecution of money laundering
and other financial crimes. Included are
such records as intelligence report case
files and related electronic tracking
systems, working papers, inspection
reports, Web site content and Web site
management records, and records
relating to presentations and briefings
about the agency. Also included are
electronic copies of records created
using electronic mail and word
processing. This schedule authorizes the
agency to apply the proposed
disposition instructions to any
recordkeeping medium.
12. Environmental Protection Agency,
Office of Prevention, Pesticides, and
Toxic Substances (N1–412–05–6, 2
items, 2 temporary items). Chemical
review case files consisting of reviews of
chemical compounds used to support
risk assessments, benefit assessments,
and regulatory actions. Electronic copies
of records created using word
processing and electronic mail are also
included.
13. National Archives and Records
Administration, Office of Human
Resources and Information Services
(N1–64–05–4, 4 items, 4 temporary
items). Files relating to inappropriate
Internet use, including reports
identifying employees suspected of such
activities. Also included are electronic
copies of records created using
electronic mail and word processing.
14. Social Security Administration,
Office of the Inspector General (N1–47–
04–2, 32 items, 29 temporary items).
Audit files and related tracking
databases, investigative files and
allegations and related tracking
databases, monetary penalty files,
routine correspondence, budget files,
procedures manuals, administrative
files, and training records. Also
included are electronic copies of records
created using electronic mail and word
processing. Proposed for permanent
retention are recordkeeping copies of
such records as annual and semiannual
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reports to Congress, strategic plans, and
files relating to the establishment of the
office.
15. Social Security Administration,
Office of Disability and Income Security
Programs (N1–47–05–1, 70 items, 70
temporary items). Claims files and other
records accumulated pursuant to Title
III, Title XVI, and Title XVIII, parts A
and B, of the Social Security Act. Also
included are electronic copies of records
created using electronic mail and word
processing. This schedule authorizes the
agency to apply the proposed
disposition instructions to any
recordkeeping medium.
Dated: February 18, 2005.
Michael J. Kurtz,
Assistant Archivist for Records Services—
Washington, DC.
[FR Doc. 05–3618 Filed 2–24–05; 8:45 am]
BILLING CODE 7515–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–334 and 50–412]
FirstEnergy Nuclear Operating
Company (FENOC); Notice of
Consideration of Issuance of
Amendment to Facility Operating
License, Proposed No Significant
Hazards Consideration Determination,
and Opportunity for a Hearing
The U.S. Nuclear Regulatory
Commission (the NRC or Commission)
is considering issuance of an
amendment to Facility Operating
License Nos. DPR–66 and NPF–73,
issued to FENOC (the licensee), for
operation of the Beaver Valley Power
Station, Unit Nos. 1 and 2 (BVPS–1,
BVPS–2), located in Beaver County,
Pennsylvania.
The proposed amendments would
revise the Technical Specifications
(TSs) to lower the BVPS–2 overpressure
protection system (OPPS) enable
temperature, allow one residual heat
removal (RHR) loop to be inoperable for
surveillance testing, remove the TS List
of Figures and List of Tables from the
BVPS–1 TSs, and make various minor
changes to achieve consistency between
units and with the Standard TSs for
Westinghouse plants and with some TS
Task Force changes.
On February 17, 2005, the licensee
determined that the requirements of
Title 10 of the Code of Federal
Regulations (10 CFR), Section
50.91(a)(2) have not been satisfied, in
that Notice for Public Comment on the
above referenced license amendment
requests had not been published in the
Federal Register. The licensee further
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9391
determined that there would be
insufficient time to provide for the
normal 30-day notice prior to the
approval and implementation of the
amendment without requiring plant
shutdown. The licensee stated that it
complied with all applicable
requirements for completeness and
timeliness in submitting the above
license amendment application.
Approval had been requested by
February 15, 2005, to support revision
of the existing BVPS–2 Pressure/
Temperature limit curves prior to their
expiration in mid-March 2005. In light
of the above situation, the licensee has
requested that the NRC consider these
circumstances exigent and requests that
further processing of the license
amendment requests be completed
under the provisions of 10 CFR
50.91(a)(6).
Before issuance of the proposed
license amendments, the Commission
will have made findings required by the
Atomic Energy Act of 1954, as amended
(the Act) and the Commission’s
regulations.
Pursuant to 10 CFR 50.91(a)(6) for
amendments to be granted under
exigent circumstances, the NRC staff
must determine that the amendment
request involves no significant hazards
consideration. Under the Commission’s
regulations in 10 CFR 50.92, this means
that operation of the facility in
accordance with the proposed
amendment would not (1) involve a
significant increase in the probability or
consequences of an accident previously
evaluated; or (2) create the possibility of
a new or different kind of accident from
any accident previously evaluated; or
(3) involve a significant reduction in a
margin of safety. As required by 10 CFR
50.91(a), the licensee has provided its
analysis of the issue of no significant
hazards consideration, which is
presented below:
1. Does the proposed change involve a
significant increase in the probability or
consequences of an accident previously
evaluated?
Response: No. The modification to the
Applicability of TS 3.4.3, Safety Valves,
provides alignment with the Applicability of
TS 3.4.9.3, Overpressure Protection Systems,
such that the TS assures that overpressure
protection is specified over all operational
modes.
The modification and deletion of Notes
associated with RCS [reactor coolant system]
injection capability of the charging pumps
during Mode transitioning results in a single
Note that controls the charging pump
restrictions and is consistent with the STS
[standard technical specifications]. As a
result the charging pump RCS injection
capabilities during Mode transitioning
restrictions are either not changed or made
more restrictive by the proposed changes.
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9392
Federal Register / Vol. 70, No. 37 / Friday, February 25, 2005 / Notices
The Unit 2 OPPS analysis documents that
the TS imposed primary to secondary
temperature restriction on starting each of the
RCPs [reactor coolant pumps] is necessary for
only the first RCP because thermal
equilibrium of the reactor coolant system
(RCS) is achieved shortly after the first pump
is started. As a result a RCS heat injection
event continues to be precluded.
The change from 15 minutes to 1 hour for
charging pump swapping operations will not
result in a significant increase in the
probability of a low temperature overpressure
event because the overall time allowed for
pump swapping is short. Although the
increase in time permits two charging pumps
being capable of RCS injection during the
Applicability of the OPPS TS, the hour is
very short and permitted only for pump
swapping operations. These operations are
deliberate actions that are well controlled
and accomplished in the shortest time
possible.
The addition of a Note associated with the
testing of a RHR pump will not result in a
significant increase in the probability of an
accident during Mode 5 because the RHR
pumps are not an accident initiator and will
not result in a significant increase in the
consequences of a Mode 5 accident because
the required cooling capability will be
provided by the RHR train that is required to
be in operation during the surveillance test
of the inoperable RHR pump.
The additional restrictions imposed on
removing the reactor coolant pumps and
residual heat removal pumps from operation
during Modes 4 and 5 further restrict
removing these pumps from operation,
thereby providing greater assurance the
pumps will be operable when required.
The other changes, i.e., elimination of
duplicated TS requirements, renumbering
and reordering of various Notes and the
deletion of the Unit 2 List of Figures and
Tables, are made to improve the consistency
between the BVPS TS and with the STS and
have no affect on plant operations.
None of the proposed changes are initiators
of any accident previously evaluated.
Therefore, the probability of an accident
previously evaluated is not significantly
increased. The consequences of an accident
are also not affected by the proposed changes
because none of the proposed changes will
result in a change in the effluent that may be
released offsite, the release duration or the
release path.
Therefore, the proposed changes do not
involve a significant increase in the
probability or consequences of an accident
previously evaluated.
2. Does the proposed change create the
possibility of a new or different kind of
accident from any accident previously
evaluated?
Response: No. None of the proposed
changes involve a physical alteration of the
plant (no new or different type of equipment
will be installed) or a change in the operation
of plant equipment. Entering into the
applicability of a TS, or utilization of the
applicable Notes, will not introduce new
failure modes or effects and will not, in the
absence of other unrelated failures, lead to an
accident whose consequences exceed the
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19:31 Feb 24, 2005
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consequences of accidents previously
evaluated.
Therefore, the proposed changes do not
create the possibility of a new or different
kind of accident from any previously
evaluated.
3. Does the proposed change involve a
significant reduction in a margin of safety?
Response: No. None of the proposed
changes impact the existing margin of safety.
The proposed changes assure that the
affected components and systems are
operable or incapable of RCS injection when
required, thereby maintaining the existing
margin of safety.
Therefore, the proposed changes do not
involve a significant reduction in a margin of
safety.
The NRC staff has reviewed the
licensee’s analysis and, based on this
review, it appears that the three
standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff
proposes to determine that the
amendment request involves no
significant hazards consideration.
The Commission is seeking public
comments on this proposed
determination. Any comments received
within 14 days after the date of
publication of this notice will be
considered in making any final
determination.
Normally, the Commission will not
issue the amendment until the
expiration of the 14-day notice period.
However, should circumstances change
during the notice period, such that
failure to act in a timely way would
result, for example, in derating or
shutdown of the facility, the
Commission may issue the license
amendment before the expiration of the
14-day notice period, provided that its
final determination is that the
amendments involve no significant
hazards consideration. The final
determination will consider all public
and State comments received. Should
the Commission take this action, it will
publish in the Federal Register a notice
of issuance. The Commission expects
that the need to take this action will
occur very infrequently.
Written comments may be submitted
by mail to the Chief, Rules and
Directives Branch, Division of
Administrative Services, Office of
Administration, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, and should cite the publication
date and page number of this Federal
Register notice. Written comments may
also be delivered to Room 6D59, Two
White Flint North, 11545 Rockville
Pike, Rockville, Maryland, from 7:30
a.m. to 4:15 p.m. Federal workdays.
Documents may be examined, and/or
copied for a fee, at the NRC’s Public
Document Room (PDR), located at One
PO 00000
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White Flint North, 11555 Rockville Pike
(first floor), Rockville, Maryland.
The filing of requests for hearing and
petitions for leave to intervene is
discussed below.
Within 60 days after the date of
publication of this notice, the licensee
may file a request for a hearing with
respect to issuance of the amendments
to the subject facility operating license
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. 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 the Commission’s
PDR, located at One White Flint North,
Public File Area 01F21, 11555 Rockville
Pike (first floor), Rockville, Maryland.
Publicly available records will be
accessible from the Agencywide
Documents Access and Management
System’s (ADAMS) Public Electronic
Reading Room on the Internet at the
NRC Web site, https://www.nrc.gov/
reading-rm/doc-collections/cfr/. If a
request for a hearing or petition for
leave to intervene is filed by the above
date, 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 and/or
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.
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. The petition
should specifically explain the reasons
why intervention should be permitted
with particular reference to the
following general requirements: (1) The
name, address and telephone number of
the requestor or petitioner; (2) the
nature of the requestor’s/petitioner’s
right under the Act to be made a party
to the proceeding; (3) the nature and
extent of the requestor’s/petitioner’s
property, financial, or other interest in
the proceeding; and (4) 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 identify the specific
contentions which the petitioner/
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Federal Register / Vol. 70, No. 37 / Friday, February 25, 2005 / Notices
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 petitioner/requestor shall
provide a brief explanation of the bases
for the contention and a concise
statement of the alleged facts or expert
opinion which support the contention
and on which the petitioner intends to
rely in proving the contention at the
hearing. The petitioner/requestor must
also provide references to those specific
sources and documents of which the
petitioner/requestor is aware and on
which the petitioner/requestor intends
to rely to establish those facts or expert
opinion. The petitioner/requestor 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
amendment under consideration. The
contention must be one which, if
proven, would entitle the petitioner/
requestor to relief. A petitioner/
requestor who fails to satisfy 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.
If a hearing is requested, the
Commission will make a final
determination on the issue of no
significant hazards consideration. The
final determination will serve to decide
when the hearing is held. If the final
determination is that the amendment
request involves no significant hazards
consideration, the Commission may
issue the amendment and make it
immediately effective, notwithstanding
the request for a hearing. Any hearing
held would take place after issuance of
the amendment. If the final
determination is that the amendment
request involves a significant hazards
consideration, any hearing held would
take place before the issuance of any
amendment.
Nontimely requests and/or petitions
and contentions will not be entertained
absent a determination by the
Commission or the presiding officer of
the Atomic Safety and Licensing Board
that the petition, request and/or the
contentions should be granted based on
a balancing of the factors specified in 10
CFR 2.309(c)(1)(i)–(viii).
A request for a hearing or a petition
for leave to intervene must be filed by:
(1) First class mail addressed to the
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19:31 Feb 24, 2005
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Office of the Secretary of the
Commission, U.S. Nuclear Regulatory
Commission, Washington, DC 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, DC,
Attention: Rulemakings and
Adjudications Staff at (301) 415–1101,
verification number is (301) 415–1966.
A copy of the request for hearing and
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, and it is requested that copies be
transmitted either by means of facsimile
transmission to 301–415–3725 or by email to OGCMailCenter@nrc.gov. A copy
of the request for hearing and petition
for leave to intervene should also be
sent to Mary O’Reilly, FirstEnergy
Nuclear Operating Company,
FirstEnergy Corporation, 76 South Main
Street, Akron, OH 44308, attorney for
the licensee.
For further details with respect to this
action, see the application for
amendments dated June 1, 2004, as
supplemented July 23, 2004, and
February 18, 2005, which are available
for public inspection at the
Commission’s Public Document Room
(PDR), located at One White Flint North,
Public File Area O1 F21, 11555
Rockville Pike (first floor), Rockville,
Maryland. Publicly available records
will be accessible electronically from
the Agencywide Documents Access and
Management System’s (ADAMS) Public
Electronic Reading Room on the Internet
at the NRC Web site https://www.nrc.gov/
reading-rm.html. Persons who do not
have access to ADAMS or who
encounter problems in accessing the
documents located in ADAMS, should
contact the NRC PDR Reference staff by
telephone at 1–800–397–4209, (301)
415–4737, or by e-mail to pdr@nrc.gov.
Dated in Rockville, Maryland, this 22nd
day of February 2005.
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9393
For the Nuclear Regulatory Commission.
Timothy G. Colburn,
Senior Project Manager, Section 1, Project
Directorate I, Division of Licensing Project
Management, Office of Nuclear Reactor
Regulation.
[FR Doc. 05–3769 Filed 2–24–05; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
Draft Regulatory Guide; Issuance,
Availability
The U.S. Nuclear Regulatory
Commission (NRC) has issued for public
comment a draft of a new guide in the
agency’s Regulatory Guide Series. This
series has been developed to describe
and make available to the public such
information as methods that are
acceptable to the NRC staff for
implementing specific parts of the
NRC’s regulations, techniques that the
staff uses in evaluating specific
problems or postulated accidents, and
data that the staff needs in its review of
applications for permits and licenses.
The draft Regulatory Guide, entitled
‘‘Guidelines for Lightning Protection for
Nuclear Power Plants,’’ is temporarily
identified by its task number, DG–1137,
which should be mentioned in all
related correspondence. This proposed
regulatory guide offers guidance for
NRC licensees and applicants to use in
developing and implementing practices
that the staff finds acceptable for
complying with the agency’s regulatory
requirements in Criterion 2, ‘‘Design
Bases for Protection Against Natural
Phenomena,’’ as it appears in Appendix
A, ‘‘General Design Criteria for Nuclear
Power Plants,’’ to Title 10, Part 50, of
the Code of Federal Regulations (10 CFR
Part 50). Specifically, Criterion 2
requires, in part, that nuclear power
plant (NPP) structures, systems, and
components (SSCs) that are important to
safety must be designed to withstand
the effects of natural phenomena
without losing their capability to
perform their respective safety
functions.
While the regulations address
lightning protection for safety-related
electrical equipment, they do not
explicitly provide guidance concerning
the design and installation of lightning
protection systems (LPSs) to ensure that
electrical transients resulting from
lightning phenomena do not cause
spurious operation safety-related
systems or render them inoperable. As
proposed, DG–1137 would augment the
regulations by establishing explicit
guidance that is consistent with LPS
E:\FR\FM\25FEN1.SGM
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]]>Agencies
[Federal Register Volume 70, Number 37 (Friday, February 25, 2005)]
[Notices]
[Pages 9391-9393]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-3769]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-334 and 50-412]
FirstEnergy Nuclear Operating Company (FENOC); Notice of
Consideration of Issuance of Amendment to Facility Operating License,
Proposed No Significant Hazards Consideration Determination, and
Opportunity for a Hearing
The U.S. Nuclear Regulatory Commission (the NRC or Commission) is
considering issuance of an amendment to Facility Operating License Nos.
DPR-66 and NPF-73, issued to FENOC (the licensee), for operation of the
Beaver Valley Power Station, Unit Nos. 1 and 2 (BVPS-1, BVPS-2),
located in Beaver County, Pennsylvania.
The proposed amendments would revise the Technical Specifications
(TSs) to lower the BVPS-2 overpressure protection system (OPPS) enable
temperature, allow one residual heat removal (RHR) loop to be
inoperable for surveillance testing, remove the TS List of Figures and
List of Tables from the BVPS-1 TSs, and make various minor changes to
achieve consistency between units and with the Standard TSs for
Westinghouse plants and with some TS Task Force changes.
On February 17, 2005, the licensee determined that the requirements
of Title 10 of the Code of Federal Regulations (10 CFR), Section
50.91(a)(2) have not been satisfied, in that Notice for Public Comment
on the above referenced license amendment requests had not been
published in the Federal Register. The licensee further determined that
there would be insufficient time to provide for the normal 30-day
notice prior to the approval and implementation of the amendment
without requiring plant shutdown. The licensee stated that it complied
with all applicable requirements for completeness and timeliness in
submitting the above license amendment application. Approval had been
requested by February 15, 2005, to support revision of the existing
BVPS-2 Pressure/Temperature limit curves prior to their expiration in
mid-March 2005. In light of the above situation, the licensee has
requested that the NRC consider these circumstances exigent and
requests that further processing of the license amendment requests be
completed under the provisions of 10 CFR 50.91(a)(6).
Before issuance of the proposed license amendments, the Commission
will have made findings required by the Atomic Energy Act of 1954, as
amended (the Act) and the Commission's regulations.
Pursuant to 10 CFR 50.91(a)(6) for amendments to be granted under
exigent circumstances, the NRC staff must determine that the amendment
request involves no significant hazards consideration. Under the
Commission's regulations in 10 CFR 50.92, this means that operation of
the facility in accordance with the proposed amendment would not (1)
involve a significant increase in the probability or consequences of an
accident previously evaluated; or (2) create the possibility of a new
or different kind of accident from any accident previously evaluated;
or (3) involve a significant reduction in a margin of safety. As
required by 10 CFR 50.91(a), the licensee has provided its analysis of
the issue of no significant hazards consideration, which is presented
below:
1. Does the proposed change involve a significant increase in
the probability or consequences of an accident previously evaluated?
Response: No. The modification to the Applicability of TS 3.4.3,
Safety Valves, provides alignment with the Applicability of TS
3.4.9.3, Overpressure Protection Systems, such that the TS assures
that overpressure protection is specified over all operational
modes.
The modification and deletion of Notes associated with RCS
[reactor coolant system] injection capability of the charging pumps
during Mode transitioning results in a single Note that controls the
charging pump restrictions and is consistent with the STS [standard
technical specifications]. As a result the charging pump RCS
injection capabilities during Mode transitioning restrictions are
either not changed or made more restrictive by the proposed changes.
[[Page 9392]]
The Unit 2 OPPS analysis documents that the TS imposed primary
to secondary temperature restriction on starting each of the RCPs
[reactor coolant pumps] is necessary for only the first RCP because
thermal equilibrium of the reactor coolant system (RCS) is achieved
shortly after the first pump is started. As a result a RCS heat
injection event continues to be precluded.
The change from 15 minutes to 1 hour for charging pump swapping
operations will not result in a significant increase in the
probability of a low temperature overpressure event because the
overall time allowed for pump swapping is short. Although the
increase in time permits two charging pumps being capable of RCS
injection during the Applicability of the OPPS TS, the hour is very
short and permitted only for pump swapping operations. These
operations are deliberate actions that are well controlled and
accomplished in the shortest time possible.
The addition of a Note associated with the testing of a RHR pump
will not result in a significant increase in the probability of an
accident during Mode 5 because the RHR pumps are not an accident
initiator and will not result in a significant increase in the
consequences of a Mode 5 accident because the required cooling
capability will be provided by the RHR train that is required to be
in operation during the surveillance test of the inoperable RHR
pump.
The additional restrictions imposed on removing the reactor
coolant pumps and residual heat removal pumps from operation during
Modes 4 and 5 further restrict removing these pumps from operation,
thereby providing greater assurance the pumps will be operable when
required.
The other changes, i.e., elimination of duplicated TS
requirements, renumbering and reordering of various Notes and the
deletion of the Unit 2 List of Figures and Tables, are made to
improve the consistency between the BVPS TS and with the STS and
have no affect on plant operations.
None of the proposed changes are initiators of any accident
previously evaluated. Therefore, the probability of an accident
previously evaluated is not significantly increased. The
consequences of an accident are also not affected by the proposed
changes because none of the proposed changes will result in a change
in the effluent that may be released offsite, the release duration
or the release path.
Therefore, the proposed changes do not involve a significant
increase in the probability or consequences of an accident
previously evaluated.
2. Does the proposed change create the possibility of a new or
different kind of accident from any accident previously evaluated?
Response: No. None of the proposed changes involve a physical
alteration of the plant (no new or different type of equipment will
be installed) or a change in the operation of plant equipment.
Entering into the applicability of a TS, or utilization of the
applicable Notes, will not introduce new failure modes or effects
and will not, in the absence of other unrelated failures, lead to an
accident whose consequences exceed the consequences of accidents
previously evaluated.
Therefore, the proposed changes do not create the possibility of
a new or different kind of accident from any previously evaluated.
3. Does the proposed change involve a significant reduction in a
margin of safety?
Response: No. None of the proposed changes impact the existing
margin of safety. The proposed changes assure that the affected
components and systems are operable or incapable of RCS injection
when required, thereby maintaining the existing margin of safety.
Therefore, the proposed changes do not involve a significant
reduction in a margin of safety.
The NRC staff has reviewed the licensee's analysis and, based on
this review, it appears that the three standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff proposes to determine that the
amendment request involves no significant hazards consideration.
The Commission is seeking public comments on this proposed
determination. Any comments received within 14 days after the date of
publication of this notice will be considered in making any final
determination.
Normally, the Commission will not issue the amendment until the
expiration of the 14-day notice period. However, should circumstances
change during the notice period, such that failure to act in a timely
way would result, for example, in derating or shutdown of the facility,
the Commission may issue the license amendment before the expiration of
the 14-day notice period, provided that its final determination is that
the amendments involve no significant hazards consideration. The final
determination will consider all public and State comments received.
Should the Commission take this action, it will publish in the Federal
Register a notice of issuance. The Commission expects that the need to
take this action will occur very infrequently.
Written comments may be submitted by mail to the Chief, Rules and
Directives Branch, Division of Administrative Services, Office of
Administration, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001, and should cite the publication date and page number of
this Federal Register notice. Written comments may also be delivered to
Room 6D59, Two White Flint North, 11545 Rockville Pike, Rockville,
Maryland, from 7:30 a.m. to 4:15 p.m. Federal workdays. Documents may
be examined, and/or copied for a fee, at the NRC's Public Document Room
(PDR), located at One White Flint North, 11555 Rockville Pike (first
floor), Rockville, Maryland.
The filing of requests for hearing and petitions for leave to
intervene is discussed below.
Within 60 days after the date of publication of this notice, the
licensee may file a request for a hearing with respect to issuance of
the amendments to the subject facility operating license 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. 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 the
Commission's PDR, located at One White Flint North, Public File Area
01F21, 11555 Rockville Pike (first floor), Rockville, Maryland.
Publicly available records will be accessible from the Agencywide
Documents Access and Management System's (ADAMS) Public Electronic
Reading Room on the Internet at the NRC Web site, https://www.nrc.gov/
reading-rm/doc-collections/cfr/. If a request for a hearing or
petition for leave to intervene is filed by the above date, 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 and/or 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.
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. The petition should specifically explain the reasons
why intervention should be permitted with particular reference to the
following general requirements: (1) The name, address and telephone
number of the requestor or petitioner; (2) the nature of the
requestor's/petitioner's right under the Act to be made a party to the
proceeding; (3) the nature and extent of the requestor's/petitioner's
property, financial, or other interest in the proceeding; and (4) 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 identify the specific contentions which the petitioner/
[[Page 9393]]
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
petitioner/requestor shall provide a brief explanation of the bases for
the contention and a concise statement of the alleged facts or expert
opinion which support the contention and on which the petitioner
intends to rely in proving the contention at the hearing. The
petitioner/requestor must also provide references to those specific
sources and documents of which the petitioner/requestor is aware and on
which the petitioner/requestor intends to rely to establish those facts
or expert opinion. The petitioner/requestor 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 amendment under consideration. The
contention must be one which, if proven, would entitle the petitioner/
requestor to relief. A petitioner/requestor who fails to satisfy 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.
If a hearing is requested, the Commission will make a final
determination on the issue of no significant hazards consideration. The
final determination will serve to decide when the hearing is held. If
the final determination is that the amendment request involves no
significant hazards consideration, the Commission may issue the
amendment and make it immediately effective, notwithstanding the
request for a hearing. Any hearing held would take place after issuance
of the amendment. If the final determination is that the amendment
request involves a significant hazards consideration, any hearing held
would take place before the issuance of any amendment.
Nontimely requests and/or petitions and contentions will not be
entertained absent a determination by the Commission or the presiding
officer of the Atomic Safety and Licensing Board that the petition,
request and/or the contentions should be granted based on a balancing
of the factors specified in 10 CFR 2.309(c)(1)(i)-(viii).
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, DC 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, DC, Attention:
Rulemakings and Adjudications Staff at (301) 415-1101, verification
number is (301) 415-1966. A copy of the request for hearing and
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, 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 Mary O'Reilly,
FirstEnergy Nuclear Operating Company, FirstEnergy Corporation, 76
South Main Street, Akron, OH 44308, attorney for the licensee.
For further details with respect to this action, see the
application for amendments dated June 1, 2004, as supplemented July 23,
2004, and February 18, 2005, which are available for public inspection
at the Commission's Public Document Room (PDR), located at One White
Flint North, Public File Area O1 F21, 11555 Rockville Pike (first
floor), Rockville, Maryland. Publicly available records will be
accessible electronically from the Agencywide Documents Access and
Management System's (ADAMS) Public Electronic Reading Room on the
Internet at the NRC Web site https://www.nrc.gov/reading-rm.html.
Persons who do not have access to ADAMS or who encounter problems in
accessing the documents located in ADAMS, should contact the NRC PDR
Reference staff by telephone at 1-800-397-4209, (301) 415-4737, or by
e-mail to pdr@nrc.gov.
Dated in Rockville, Maryland, this 22nd day of February 2005.
For the Nuclear Regulatory Commission.
Timothy G. Colburn,
Senior Project Manager, Section 1, Project Directorate I, Division of
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 05-3769 Filed 2-24-05; 8:45 am]
BILLING CODE 7590-01-P
