Exelon Generation Company, LLC; Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards; Consideration Determination, and Opportunity for a Hearing, 18058-18061 [E5-1618]

Download as PDF 18058 Federal Register / Vol. 70, No. 67 / Friday, April 8, 2005 / Notices 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/ 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 VerDate jul<14>2003 19:00 Apr 07, 2005 Jkt 205001 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– PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 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 Mr. Thomas S. O’Neill, Associate General Counsel, Exelon Generation Company, LLC, 4300 Winfield Road, Warrenville, IL 60555, attorney for the licensee. For further details with respect to this action, see the application for amendment dated October 21, 2004, as supplemented by letter dated January 4, 2005, which is 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/readingrm.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 at Rockville, Maryland, this 1st day of April 2005. For the Nuclear Regulatory Commission. Stephen P. Sands, Project Manager, Section 2, Project Directorate III, Division of Licensing Project Management, Office of Nuclear Reactor Regulation. [FR Doc. E5–1620 Filed 4–7–05; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket Nos. 50–352 and 50–353] Exelon Generation Company, LLC; 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 Commission or NRC) is considering issuance of amendments to Facility Operating License No. NPF– 39 and NPF–85, issued to Limerick Generating Station, Units 1 and 2, Montgomery County, Pennsylvania. The proposed amendments would delete requirements from the Technical Specifications (TS) to submit monthly operating reports and annual occupational radiation exposure reports. E:\FR\FM\08APN1.SGM 08APN1 Federal Register / Vol. 70, No. 67 / Friday, April 8, 2005 / Notices The changes are consistent with Revision 1 of NRC-approved Industry/ Technical Specifications Task Force (TSTF) Standard Technical Specification Change Traveler, TSTF– 369, ‘‘Removal of Monthly Operating and Occupational Radiation Exposure Report.’’ The availability of this TS improvement was announced in the Federal Register (69 FR 35067) on June 23, 2004, as part of the Consolidated Line Item Improvement Process (CLIIP). The NRC staff issued a notice of availability of a model no significant hazards consideration (NSHC) determination for referencing in license amendment applications in the Federal Register on September 25, 2003 (68 FR 55416). The licensee affirmed the applicability of the model NSHC determination in its application dated October 21, 2004, as supplemented by letter dated January 4, 2005. The licensee requested approval of the license amendment in an application dated October 21, 2004, as supplemented January 4, 2005, and requested approval by April 29, 2005. The application constituted a timely submittal for an amendment. However, due to an administrative oversight and to meet the licensee’s requested date, a 14-day public comment period will be provided in accordance with the provisions of Section 50.91(a)(6) of Title 10 of the Code of Federal Regulations (10 CFR). That regulation states that where the Commission finds that exigent circumstances exist, in that a licensee and the Commission must act quickly and that time does not permit the Commission to publish a Federal Register notice (FRN) allowing 30 days for prior public comment, and it also determines that the amendment involves no significant hazards considerations, it may issue an FRN providing notice of an opportunity for hearing and allowing at least two weeks from the date of the notice for prior public comment. Section 50.90(a)(6)(vi) of 10 CFR provides that the Commission will require the licensee to explain the exigency and why the licensee was unable to avoid it. Here, as noted above, the exigency was created by an administrative oversight of the NRC staff and could not have been avoided by the licensee. This TS improvement is consistent with the NRC TSTF process. The NRC staff interacted extensively with licensees, industry organizations, and other stakeholders during the development of this TSTF as demonstrated in the FRN published on September 25, 2003, and June 23, 2004. The licensee stated that its application VerDate jul<14>2003 19:00 Apr 07, 2005 Jkt 205001 does not contain any variations or deviations from the TS changes described in TSTF–369, Revision 1, or in the model safety evaluation dated June 16, 2004. Therefore, the NRC staff has determined that the interaction conducted during the development of this TSTF constituted an extensive opportunity for public comments and, consequently, the 14-day prior comment period is adequate for the issuance of this proposed TS amendment, in accordance with the exigent provisions of 10 CFR 50.91(a)(6). Before issuance of the proposed license amendment, 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; (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: Criterion 1—The proposed change does not involve a significant increase in the probability or consequences of an accident previously evaluated. The proposed change eliminates the Technical Specifications (TSs) reporting requirements to provide a monthly operating report of shutdown experience and operating statistics if the equivalent data is submitted using an industry electronic database. It also eliminates the TS reporting requirement for an annual occupational radiation exposure report, which provides information beyond that specified in NRC regulations. The proposed change involves no changes to plant systems or accident analyses. As such, the change is administrative in nature and does not affect initiators of analyzed events or assumed mitigation of accidents or transients. Therefore, the proposed change does not involve a significant increase in the probability or consequences of an accident previously evaluated. Criterion 2—Does the proposed change create the possibility of a new or different kind of accident from any accident previously evaluated? The proposed change does not involve a physical alteration of the plant, add any new PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 18059 equipment, or require any existing equipment to be operated in a manner different from the present design. Therefore, the proposed change does not create the possibility of a new or different kind of accident from any accident previously evaluated. Criterion 3—Does the proposed change involve a significant reduction in a margin of safety? This is an administrative change to reporting requirements of plant operating information and occupational radiation exposure data, and has no effect on plant equipment, operating practices or safety analyses assumptions. For these reasons, the proposed change does not involve a significant reduction in the 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 amendment involves 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 E:\FR\FM\08APN1.SGM 08APN1 18060 Federal Register / Vol. 70, No. 67 / Friday, April 8, 2005 / Notices NRC’s Public Document Room, 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 amendment 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 VerDate jul<14>2003 19:00 Apr 07, 2005 Jkt 205001 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 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: PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 (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 email to OGCMailCenter@nrc.gov. A copy of the request for hearing and petition for leave to intervene should also be sent to Mr. Thomas S. O’Neill, Associate General Counsel, Exelon Generation Company, LLC, 4300 Winfield Road, Warrenville, IL 60555, attorney for the licensee. For further details with respect to this action, see the application for amendment dated October 21, 2004, as supplemented by letter dated January 4, 2005, which is 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/readingrm.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 at Rockville, Maryland, this 1st day of April 2005. E:\FR\FM\08APN1.SGM 08APN1 Federal Register / Vol. 70, No. 67 / Friday, April 8, 2005 / Notices For the Nuclear Regulatory Commission. Stephen P. Sands, Project Manager, Section 2, Project Directorate III, Division of Licensing Project Management, Office of Nuclear Reactor Regulation. [FR Doc. E5–1618 Filed 4–7–05; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket Nos. STN 50–454 and STN 50–455, STN 50–456 and STN 50–457, 50–010, 50– 237 and 50–249, 50–373 and 50–374, 50– 254 and 50–265, 50–295 and 50–304 Exelon Generation Company, LLC; 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 Commission) is considering issuance of amendments to Facility Operating License Nos. NPF–72, NPF–77, NPF–37, NPF–66, DPR–2, DPR–19, DPR–25, NPF–11, NPF–18, DPR–29, DPR–30, DPR–39, and DPR–48, issued to Byron Station, Unit Nos. 1 and 2, Ogle County, Illinois; Braidwood Station, Unit Nos. 1 and 2, Will County, Illinois; Dresden Nuclear Power Station, Units 1, 2 and 3, Grundy County, Illinois; LaSalle County Station, Units 1 and 2, LaSalle County, Illinois; Quad Cities Nuclear Power Station, Units 1 and 2, Rock Island County, Illinois; and Zion Nuclear Power Station, Units 1 and 2, Lake County, Illinois. The proposed amendment would delete requirements from the Technical Specifications (TSs) to submit monthly operating reports and annual occupational radiation exposure reports. The changes are consistent with Revision 1 of Nuclear Regulatory Commission (NRC) approved Industry/ Technical Specifications Task Force (TSTF) Standard Technical Specification Change Traveler, TSTF– 369, ‘‘Removal of Monthly Operating and Occupational Radiation Exposure Report.’’ The availability of this TS improvement was announced in the Federal Register (69 FR 35067) on June 23, 2004, as part of the Consolidated Line Item Improvement Process (CLIIP). The U.S. Nuclear Regulatory Commission (NRC) staff issued a notice of availability of a model no significant hazards consideration (NSHC) determination for referencing in license amendment applications in the Federal Register on September 25, 2003 (68 FR 55416). The licensee affirmed the applicability of the model NSHC VerDate jul<14>2003 19:00 Apr 07, 2005 Jkt 205001 determination in its application dated October 21, 2004, as supplemented by letter dated January 4, 2005. The licensee requested approval of the license amendment in an application dated October 21, 2004, as supplemented January 4, 2005, and requested approval by April 29, 2005. The application constituted a timely submittal for an amendment. However, due to an administrative oversight and to meet the licensee’s requested date, a 14-day public comment period will be provided in accordance with the provisions of Section 50.91(a)(6) of Title 10 of the Code of Federal Regulations (10 CFR). That regulation states that where the Commission finds that exigent circumstances exist, in that a licensee and the Commission must act quickly and that time does not permit the Commission to publish a Federal Register notice (FRN) allowing 30 days for prior public comment, and it also determines that the amendment involves no significant hazards considerations, it may issue an FRN providing notice of an opportunity for hearing and allowing at least two weeks from the date of the notice for prior public comment. Section 50.90(a)(6)(vi) of 10 CFR provides that the Commission will require the licensee to explain the exigency and why the licensee was unable to avoid it. Here, as noted above, the exigency was created by an administrative oversight of the NRC staff and could not have been avoided by the licensee. This TS improvement is consistent with the NRC TSTF process. The NRC staff interacted extensively with licensees, industry organizations, and other stakeholders during the development of this TSTF as demonstrated in the FRN published on September 25, 2003, and June 23, 2004. The licensee stated that its application does not contain any variations or deviations from the TS changes described in TSTF–369, Revision 1, or in the model safety evaluation dated June 16, 2004. Therefore, the NRC staff has determined that the interaction conducted during the development of this TSTF constituted an extensive opportunity for public comments and, consequently, the 14-day prior comment period is adequate for the issuance of this proposed TS amendment, in accordance with the exigent provisions of 10 CFR 50.91(a)(6). Before issuance of the proposed license amendment, the Commission will have made findings required by the Atomic Energy Act of 1954, as amended (the Act) and the Commission’s regulations. PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 18061 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: Criterion 1—The proposed change does not involve a significant increase in the probability or consequences of an accident previously evaluated. The proposed change eliminates the Technical Specifications (TSs) reporting requirements to provide a monthly operating report of shutdown experience and operating statistics if the equivalent data is submitted using an industry electronic database. It also eliminates the TS reporting requirement for an annual occupational radiation exposure report, which provides information beyond that specified in NRC regulations. The proposed change involves no changes to plant systems or accident analyses. As such, the change is administrative in nature and does not affect initiators of analyzed events or assumed mitigation of accidents or transients. Therefore, the proposed change does not involve a significant increase in the probability or consequences of an accident previously evaluated. Criterion 2—Does the proposed change create the possibility of a new or different kind of accident from any accident previously evaluated? The proposed change does not involve a physical alteration of the plant, add any new equipment, or require any existing equipment to be operated in a manner different from the present design. Therefore, the proposed change does not create the possibility of a new or different kind of accident from any accident previously evaluated. Criterion 3—Does the proposed change involve a significant reduction in a margin of safety? This is an administrative change to reporting requirements of plant operating information and occupational radiation exposure data, and has no effect on plant equipment, operating practices or safety analyses assumptions. For these reasons, the proposed change does not involve a significant reduction in the margin of safety. The NRC staff has reviewed the licensee’s analysis and, based on this review, it appears that the three E:\FR\FM\08APN1.SGM 08APN1

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[Federal Register Volume 70, Number 67 (Friday, April 8, 2005)]
[Notices]
[Pages 18058-18061]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-1618]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-352 and 50-353]


Exelon Generation Company, LLC; 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 Commission or NRC) is 
considering issuance of amendments to Facility Operating License No. 
NPF-39 and NPF-85, issued to Limerick Generating Station, Units 1 and 
2, Montgomery County, Pennsylvania.
    The proposed amendments would delete requirements from the 
Technical Specifications (TS) to submit monthly operating reports and 
annual occupational radiation exposure reports.

[[Page 18059]]

The changes are consistent with Revision 1 of NRC-approved Industry/
Technical Specifications Task Force (TSTF) Standard Technical 
Specification Change Traveler, TSTF-369, ``Removal of Monthly Operating 
and Occupational Radiation Exposure Report.'' The availability of this 
TS improvement was announced in the Federal Register (69 FR 35067) on 
June 23, 2004, as part of the Consolidated Line Item Improvement 
Process (CLIIP).
    The NRC staff issued a notice of availability of a model no 
significant hazards consideration (NSHC) determination for referencing 
in license amendment applications in the Federal Register on September 
25, 2003 (68 FR 55416). The licensee affirmed the applicability of the 
model NSHC determination in its application dated October 21, 2004, as 
supplemented by letter dated January 4, 2005.
    The licensee requested approval of the license amendment in an 
application dated October 21, 2004, as supplemented January 4, 2005, 
and requested approval by April 29, 2005. The application constituted a 
timely submittal for an amendment. However, due to an administrative 
oversight and to meet the licensee's requested date, a 14-day public 
comment period will be provided in accordance with the provisions of 
Section 50.91(a)(6) of Title 10 of the Code of Federal Regulations (10 
CFR). That regulation states that where the Commission finds that 
exigent circumstances exist, in that a licensee and the Commission must 
act quickly and that time does not permit the Commission to publish a 
Federal Register notice (FRN) allowing 30 days for prior public 
comment, and it also determines that the amendment involves no 
significant hazards considerations, it may issue an FRN providing 
notice of an opportunity for hearing and allowing at least two weeks 
from the date of the notice for prior public comment.
    Section 50.90(a)(6)(vi) of 10 CFR provides that the Commission will 
require the licensee to explain the exigency and why the licensee was 
unable to avoid it. Here, as noted above, the exigency was created by 
an administrative oversight of the NRC staff and could not have been 
avoided by the licensee.
    This TS improvement is consistent with the NRC TSTF process. The 
NRC staff interacted extensively with licensees, industry 
organizations, and other stakeholders during the development of this 
TSTF as demonstrated in the FRN published on September 25, 2003, and 
June 23, 2004. The licensee stated that its application does not 
contain any variations or deviations from the TS changes described in 
TSTF-369, Revision 1, or in the model safety evaluation dated June 16, 
2004. Therefore, the NRC staff has determined that the interaction 
conducted during the development of this TSTF constituted an extensive 
opportunity for public comments and, consequently, the 14-day prior 
comment period is adequate for the issuance of this proposed TS 
amendment, in accordance with the exigent provisions of 10 CFR 
50.91(a)(6).
    Before issuance of the proposed license amendment, 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; (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:

Criterion 1--The proposed change does not involve a significant 
increase in the probability or consequences of an accident previously 
evaluated.

    The proposed change eliminates the Technical Specifications 
(TSs) reporting requirements to provide a monthly operating report 
of shutdown experience and operating statistics if the equivalent 
data is submitted using an industry electronic database. It also 
eliminates the TS reporting requirement for an annual occupational 
radiation exposure report, which provides information beyond that 
specified in NRC regulations. The proposed change involves no 
changes to plant systems or accident analyses. As such, the change 
is administrative in nature and does not affect initiators of 
analyzed events or assumed mitigation of accidents or transients. 
Therefore, the proposed change does not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.

Criterion 2--Does the proposed change create the possibility of a new 
or different kind of accident from any accident previously evaluated?

    The proposed change does not involve a physical alteration of 
the plant, add any new equipment, or require any existing equipment 
to be operated in a manner different from the present design. 
Therefore, the proposed change does not create the possibility of a 
new or different kind of accident from any accident previously 
evaluated.

Criterion 3--Does the proposed change involve a significant reduction 
in a margin of safety?

    This is an administrative change to reporting requirements of 
plant operating information and occupational radiation exposure 
data, and has no effect on plant equipment, operating practices or 
safety analyses assumptions. For these reasons, the proposed change 
does not involve a significant reduction in the 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 amendment involves 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

[[Page 18060]]

NRC's Public Document Room, 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 amendment 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/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 Mr. Thomas S. O'Neill, 
Associate General Counsel, Exelon Generation Company, LLC, 4300 
Winfield Road, Warrenville, IL 60555, attorney for the licensee.
    For further details with respect to this action, see the 
application for amendment dated October 21, 2004, as supplemented by 
letter dated January 4, 2005, which is 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 at Rockville, Maryland, this 1st day of April 2005.


[[Page 18061]]


    For the Nuclear Regulatory Commission.
Stephen P. Sands,
Project Manager, Section 2, Project Directorate III, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. E5-1618 Filed 4-7-05; 8:45 am]
BILLING CODE 7590-01-P
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