Amergen Energy Company, LLC; Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing, 18056-18058 [E5-1620]
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Federal Register / Vol. 70, No. 67 / Friday, April 8, 2005 / Notices
teleconference or wishes to submit oral
or written comments should contact
Tina Gargus, Special Projects
Coordinator, U.S. Institute for
Environmental Conflict Resolution, 130
S. Scott Avenue, Tucson, AZ 85701;
phone (520) 670–5299, fax (520) 670–
5530, or e-mail at gargus@ecr.gov.
Requests to make oral comments must
be in writing (or by e-mail) to Ms.
Gargus and be received no later than 5
p.m. mountain standard time on
Wednesday, April 20, 2005. Copies of
the draft meeting agenda may be
obtained from Ms. Gargus at the
address, phone and e-mail address
listed above.
Dated: April 4, 2005.
Christopher L. Helms,
Executive Director, Morris K. Udall
Scholarship and Excellence in National
Environmental Policy Foundation, and
Federal Register Liaison Officer.
[FR Doc. 05–6997 Filed 4–7–05; 8:45 am]
BILLING CODE 6820–FN–P
NUCLEAR REGULATORY
COMMISSION
Agency Information Collection
Activities: Proposed Collection;
Comment Request
U.S. Nuclear Regulatory
Commission (NRC).
ACTION: Notice of pending NRC action to
submit an information collection
request to OMB and solicitation of
public comment.
AGENCY:
SUMMARY: The NRC is preparing a
submittal to OMB for review of
continued approval of information
collections under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. Chapter 35).
Information pertaining to the
requirement to be submitted:
1. The title of the information
collection: Notice of Enforcement
Discretion (NOEDs) for Operating Power
Reactors and Gaseous Diffusion Plants
(GDP).
2. Current OMB approval number:
3150–0136.
3. How often the collection is
required: On occasion.
4. Who is required or asked to report:
Nuclear power reactor licensees and
gaseous diffusion plant certificate
holders.
5. The number of annual respondents:
11.
6. The number of hours needed
annually to complete the requirement or
request: 1,991 hours (1810 reporting
[121 hours per response] and 181
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recordkeeping [16.45 hours per
recordkeeper]).
7. Abstract: The NRC’s Enforcement
Policy addresses circumstances in
which the NRC may exercise
enforcement discretion. A specific type
of enforcement discretion is designated
as a Notice of Enforcement Discretion
(NOED) and relates to circumstances
which may arise where a nuclear power
plant licensee’s compliance with a
Technical Specification Limiting
Condition for Operation or with other
license conditions would involve an
unnecessary plant transient or
shutdown, or performance of testing,
inspection, or system realignment that is
inappropriate for the specific plant
conditions, or unnecessary delays in
plant startup without a corresponding
health and safety benefit. Similarly, for
a gaseous diffusion plant, circumstances
may arise where compliance with a
Technical Safety Requirement or other
condition would unnecessarily call for a
total plant shutdown, or,
notwithstanding that a safety,
safeguards or security feature was
degraded or inoperable, compliance
would unnecessarily place the plant in
a transient or condition where those
features could be required. A licensee or
certificate holder seeking the issuance of
an NOED must provide a written
justification, in accordance with
guidance provided in NRC Inspection
Manual, Part 9900, which documents
the safety basis for the request and
provides whatever other information the
NRC staff deems necessary to decide
whether or not to exercise discretion.
Submit, by June 7, 2005, comments
that address the following questions:
1. Is the proposed collection of
information necessary for the NRC to
properly perform its functions? Does the
information have practical utility?
2. Is the burden estimate accurate?
3. Is there a way to enhance the
quality, utility, and clarity of the
information to be collected?
4. How can the burden of the
information collection be minimized,
including the use of automated
collection techniques or other forms of
information technology?
A copy of the draft supporting
statement may be viewed free of charge
at the NRC Public Document Room, One
White Flint North, 11555 Rockville
Pike, Room O–1 F21, Rockville, MD
20852. OMB clearance requests are
available at the NRC worldwide Web
site: https://www.nrc.gov/public-involve/
doc-comment/omb/. The
document will be available on the NRC
home page site for 60 days after the
signature date of this notice.
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Comments and questions about the
information collection requirements
may be directed to the NRC Clearance
Officer, Brenda Jo. Shelton (T–5 F53),
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001, by
telephone at (301) 415–7233, or by
Internet electronic mail to
INFOCOLLECTS@NRC.GOV.
Dated at Rockville, Maryland, this 4th day
of April 2005.
For the Nuclear Regulatory Commission.
Brenda Jo. Shelton,
NRC Clearance Officer, Office of Information
Services.
[FR Doc. E5–1616 Filed 4–7–05; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–219]
Amergen Energy 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 an
amendment to Facility Operating
License No. DPR–16, issued to Oyster
Creek Nuclear Generating Station,
Ocean County, New Jersey.
The proposed amendment would
delete requirements from the Technical
Specifications (TS) to submit monthly
operating reports and annual
occupational radiation exposure reports.
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
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Federal Register / Vol. 70, No. 67 / Friday, April 8, 2005 / Notices
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
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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.
PO 00000
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18057
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
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,
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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
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19:00 Apr 07, 2005
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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.
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]]>Agencies
[Federal Register Volume 70, Number 67 (Friday, April 8, 2005)]
[Notices]
[Pages 18056-18058]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-1620]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-219]
Amergen Energy 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 an amendment to Facility Operating License No.
DPR-16, issued to Oyster Creek Nuclear Generating Station, Ocean
County, New Jersey.
The proposed amendment would delete requirements from the Technical
Specifications (TS) to submit monthly operating reports and annual
occupational radiation exposure reports. 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
[[Page 18057]]
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 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,
[[Page 18058]]
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.
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
