Susquehanna Steam Electric Station, Unit 1; Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing, 61475-61477 [E5-5854]

Download as PDF Federal Register / Vol. 70, No. 204 / Monday, October 24, 2005 / Notices the Arts, 1100 Pennsylvania Avenue, NW., Suite 724, Washington, DC 20506, (202) 682–5532, TDY–TDD (202) 682– 5560, at least seven (7) days prior to the meeting. Dated: October 18, 2005. Kathy Plowitz-Worden, Panel Coordinator, Panel Operations, National Endowment for the Arts. [FR Doc. 05–21161 Filed 10–21–05; 8:45 am] BILLING CODE 7537–01–P NUCLEAR REGULATORY COMMISSION [Docket No. 50–387] Susquehanna Steam Electric Station, Unit 1; 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 an amendment to Facility Operating License No. NPF– 14 and NPF–22, issued to PPL Susquehanna, LLC (PPL, the licensee), for operation of the Susquehanna Steam Electric Station, Unit 1 (SSES 1), located in Berwick, Pennsylvania. The proposed amendment would revise the SSES 1 Technical Specification (TS) Section 2.1.1.2 with regard to the Unit 1 Cycle 14 (U1C14) minimum critical power ratio (MCPR) safety limit (SL) for two-loop operation from 1.08 to 1.09 following implementation of a redesigned core. The change to the MCPR SL is necessary due to control cell friction issues which necessitate a U1C14 mid-cycle core redesign and unit shutdown to implement. The exigent amendment request is being made following PPL’s determination, based in part, on testing performed the weekend of September 30, 2005, that a mid-cycle core redesign was the most prudent course of action to ensure safe, reliable operation for the remainder of U1C14. Additionally, PPL requests the proposed change on an exigent basis to avoid unnecesary delays in the Unit 1 restart following its upcoming maintenance outage. 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 VerDate Aug<31>2005 15:19 Oct 21, 2005 Jkt 208001 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 proposed change to the MCPR Safety Limits does not directly or indirectly affect any plant system, equipment, component, or change the processes used to operate the plant. Further, the revised U1C14 MCPR Safety Limits are generated using NRC approved methodology and meet the applicable acceptance criteria. In addition, the effects of channel bow were conservatively addressed by increasing the amount of channel bow assumed in the MCPR SL calculation. Thus, this proposed amendment does not involve a significant increase in the probability or consequences of an accident previously evaluated. Prior to the restart of U1C14, licensing analyses will be performed on the redesigned core (using NRC approved methodology referenced in Technical Specification Section 5.6.5.b) to determine changes in the critical power ratio as a result of anticipated operation occurrences. These results will be added to the MCPR Safety Limit values proposed herein to generate the MCPR operating limits in the U1C14 Core Operating Limits Report (COLR). The COLR operating limits thus assure that the MCPR Safety Limit will not be exceeded during normal operation or anticipated operational occurrences. Postulated accidents are also analyzed to confirm NRC acceptance criteria are met. Therefore, this proposed amendment does 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. This proposed change to the MCPR Safety Limits does not directly or indirectly affect any plant system, equipment, or component and therefore they do not affect the failure modes of any of these items. Thus, the proposed change does not create the possibility of a previously unevaluated operator error or a new single failure. Therefore, this proposed amendment does not create the possibility of a new or different PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 61475 kind of accident from any previously evaluated. 3. Does the proposed change involve a significant reduction in a margin of safety? Response: No. Since the proposed change does not alter any plant system, equipment, component, or the processes used to operate the plant, the proposed change will not jeopardize or degrade the function or operation of any plant system or component governed by Technical Specifications. The proposed MCPR Safety Limits do not involve a significant reduction in the margin of safety as currently defined in the Bases of the applicable Technical Specification sections, because the MCPR Safety Limits calculated for the remaining U1C14 operation preserve the required margin of safety. Therefore, the proposed change does 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 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 E:\FR\FM\24OCN1.SGM 24OCN1 61476 Federal Register / Vol. 70, No. 204 / Monday, October 24, 2005 / Notices 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, 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, http://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 VerDate Aug<31>2005 15:19 Oct 21, 2005 Jkt 208001 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). PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 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 email to OGCMailCenter@nrc.gov. A copy of the request for hearing and petition for leave to intervene should also be sent to Bryan A. Snapp, Esquire, Assoc. General Counsel, PPL Services Corporation, 2 North Ninth St., GENTW3, Allentown, PA 18101–1179, attorney for the licensee. For further details with respect to this action, see the application for amendment dated October 14, 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 http://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 17th day of October 2005. E:\FR\FM\24OCN1.SGM 24OCN1 Federal Register / Vol. 70, No. 204 / Monday, October 24, 2005 / Notices For the Nuclear Regulatory Commission. Richard J. Laufer, Section Chief, Section 1, Project Directorate I, Division of Licensing Project Management, Office of Nuclear Reactor Regulation. [FR Doc. E5–5854 Filed 10–21–05; 8:45 am] BILLING CODE 7590–01–P SECURITIES AND EXCHANGE COMMISSION [Investment Company Act Release No. 27117; 812–13097] FOR FURTHER INFORMATION CONTACT: Todd F. Kuehl, Branch Chief, at (202) 551–6821 (Division of Investment Management, Office of Investment Company Regulation). SUPPLEMENTARY INFORMATION: The following is a summary of the application. The complete application may be obtained for a fee from the Commission’s Public Reference Branch, 100 F Street, NE., Washington, DC 20549–0102 (telephone (202) 551–5850). Applicants’ Representations 1. BBH, a Maryland corporation, is BBH Fund, Inc. and Brown Brothers registered under the Act as an open-end Harriman & Co.; Notice of Application management investment company. BBH currently offers multiple series (each a October 18, 2005. ‘‘Fund,’’ and collectively, the ‘‘Funds’’), AGENCY: Securities and Exchange each of which has its own investment Commission (‘‘Commission’’). objectives, policies and restrictions.1 ACTION: Notice of an application under BBH International Equity Fund section 6(c) of the Investment Company (‘‘International Equity Fund’’) is the Act of 1940 (the ‘‘Act’’) for an only Fund that currently intends to rely exemption from section 15(a) of the Act on the requested order. and rule 18f–2 under the Act. 2. The Adviser, registered under the Investment Advisers Act of 1940 Summary of the Application: The (‘‘Advisers Act’’), serves as investment requested order would permit certain adviser to each Fund pursuant to an registered open-end management investment companies to enter into and investment advisory agreement with BBH (‘‘Advisory Agreement’’), that was materially amend subadvisory agreements (‘‘Subadvisory Agreements’’) approved by the board of directors of BBH (the ‘‘Board’’), including a majority without shareholder approval. of the directors who are not ‘‘interested Applicants: BBH Fund, Inc. (‘‘BBH’’) and Brown Brothers Harriman & Co. (the persons,’’ as defined in section 2(a)(19) of the Act (‘‘Independent Directors’’), ‘‘Adviser,’’ together with BBH, the and the shareholders of each Fund. ‘‘Applicants’’). Under the terms of the Advisory Filing Date: The application was filed Agreement, the Adviser provides the on June 14, 2004 and amended on June International Equity Fund with 17, 2005, August 8, 2005 and October investment research, advice and 12, 2005. supervision, and furnishes an Hearing or Notification of Hearing: An investment program for the Fund order granting the application will be consistent with the investment issued unless the Commission orders a objectives and policies of the Fund. The hearing. Interested persons may request Adviser has entered into, or will enter a hearing by writing to the into, Subadvisory Agreements with Commission’s Secretary and serving subadvisers (‘‘Subadvisers’’), to whom applicants with a copy of the request, the Adviser may delegate responsibility personally or by mail. Hearing requests for providing investment advice and should be received by the Commission making investment decisions for the by 5:30 p.m. on November 14, 2005, and International Equity Fund. Pursuant to should be accompanied by proof of the Advisory Agreement, the Adviser service on applicants in the form of an receives a fee from the International affidavit or, for lawyers, a certificate of Equity Fund based on the average daily service. Hearing requests should state the nature of the writer’s interest, the 1 Applicants also request relief with respect to reason for the request, and the issues any other existing or future registered open-end management investment company or series therof contested. Persons who wish to be that: (a) Is advised by the Adviser or any entity notified of a hearing may request controlling, controlled by or under common control notification by writing to the with the Adviser; (b) uses the management structure Commission’s Secretary. described in this application; and (c) complies with the terms and conditions of this application ADDRESSES: Secretary, U.S. Securities (included in the term ‘‘Funds’’). The only existing and Exchange Commission, 100 F registered open-end management investment company that currently intends to rely on the Street, NE., Washington, DC 20549– requested order is named as an Applicant. If the 9303. Applicants, Gail C. Jones, Esq., name of any Fund contains the name of Subadviser Reed Smith LLP, Federated Investors (as defined below), the name of the Adviser that Tower, 12th Floor, 1001 Liberty serves as the primary adviser to the Fund will preced the name of the Subadviser. Avenue, Pittsburgh, PA 15222–3779. VerDate Aug<31>2005 15:19 Oct 21, 2005 Jkt 208001 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 61477 net assets. Each Subadviser is or will be an investment adviser registered under the Advisers Act. The Adviser has delegated daily management of the International Equity Fund’s assets to Subadvisers, who are paid by the Adviser out of the fee it receives from the International Equity Fund. In the future, a Fund may contract directly with and pay a Subadviser directly (‘‘Direct Contract Fund’’). 3. Applicants request relief to permit the Adviser, subject to Board approval, to enter into and materially amend Subadvisory Agreements without shareholder approval. The requested relief will not extend to a Subadviser that is an affiliated person, as defined in section 2(a)(3) of the Act, of a Fund or the Adviser, other than by reason of serving as a Subadviser to one or more of the Funds (an ‘‘Affiliated Subadviser’’). Applicants’ Legal Analysis 1. Section 15(a) of the Act provides, in relevant part, that it is unlawful for any person to act as an investment adviser to a registered investment company except pursuant to a written contract that has been approved by the vote of a majority of the company’s outstanding voting securities. Rule 18f– 2 under the Act provides that each series or class of stock in a series company affected by a matter must approve such matter if the Act requires shareholder approval. 2. Section 6(c) of the Act provides that the Commission may exempt any person, security, or transaction or any class or classes of persons, securities, or transactions from any provision of the Act, or from any rule thereunder, if and to the extent that such exemption is necessary or appropriate in the public interest and consistent with the protection of investors and the purposes fairly intended by the policies and provisions of the Act. Applicants believe that their requested relief meets this standard for the reasons discussed below. 3. Applicants state that the Funds’ shareholders will rely on the Adviser, subject to oversight by the Board, to select Subadvisers for the Funds. Applicants assert that, from the perspective of the investor, the role of the Subadvisers is substantially equivalent to that of individual portfolio managers employed by traditional investment advisory firms. Applicants contend that requiring shareholder approval of Subadvisory Agreements would impose costs and unnecessary delays on the Funds and may preclude the Adviser from acting promptly in a manner considered advisable by the E:\FR\FM\24OCN1.SGM 24OCN1

Agencies

[Federal Register Volume 70, Number 204 (Monday, October 24, 2005)]
[Notices]
[Pages 61475-61477]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-5854]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-387]


Susquehanna Steam Electric Station, Unit 1; 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 an amendment to Facility Operating License No. 
NPF-14 and NPF-22, issued to PPL Susquehanna, LLC (PPL, the licensee), 
for operation of the Susquehanna Steam Electric Station, Unit 1 (SSES 
1), located in Berwick, Pennsylvania.
    The proposed amendment would revise the SSES 1 Technical 
Specification (TS) Section 2.1.1.2 with regard to the Unit 1 Cycle 14 
(U1C14) minimum critical power ratio (MCPR) safety limit (SL) for two-
loop operation from 1.08 to 1.09 following implementation of a 
redesigned core. The change to the MCPR SL is necessary due to control 
cell friction issues which necessitate a U1C14 mid-cycle core redesign 
and unit shutdown to implement.
    The exigent amendment request is being made following PPL's 
determination, based in part, on testing performed the weekend of 
September 30, 2005, that a mid-cycle core redesign was the most prudent 
course of action to ensure safe, reliable operation for the remainder 
of U1C14. Additionally, PPL requests the proposed change on an exigent 
basis to avoid unnecesary delays in the Unit 1 restart following its 
upcoming maintenance outage.
    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; 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 proposed change to the MCPR Safety Limits does not directly 
or indirectly affect any plant system, equipment, component, or 
change the processes used to operate the plant. Further, the revised 
U1C14 MCPR Safety Limits are generated using NRC approved 
methodology and meet the applicable acceptance criteria. In 
addition, the effects of channel bow were conservatively addressed 
by increasing the amount of channel bow assumed in the MCPR SL 
calculation. Thus, this proposed amendment does not involve a 
significant increase in the probability or consequences of an 
accident previously evaluated.
    Prior to the restart of U1C14, licensing analyses will be 
performed on the redesigned core (using NRC approved methodology 
referenced in Technical Specification Section 5.6.5.b) to determine 
changes in the critical power ratio as a result of anticipated 
operation occurrences. These results will be added to the MCPR 
Safety Limit values proposed herein to generate the MCPR operating 
limits in the U1C14 Core Operating Limits Report (COLR). The COLR 
operating limits thus assure that the MCPR Safety Limit will not be 
exceeded during normal operation or anticipated operational 
occurrences. Postulated accidents are also analyzed to confirm NRC 
acceptance criteria are met.
    Therefore, this proposed amendment does 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.
    This proposed change to the MCPR Safety Limits does not directly 
or indirectly affect any plant system, equipment, or component and 
therefore they do not affect the failure modes of any of these 
items. Thus, the proposed change does not create the possibility of 
a previously unevaluated operator error or a new single failure.
    Therefore, this proposed amendment does 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.
    Since the proposed change does not alter any plant system, 
equipment, component, or the processes used to operate the plant, 
the proposed change will not jeopardize or degrade the function or 
operation of any plant system or component governed by Technical 
Specifications. The proposed MCPR Safety Limits do not involve a 
significant reduction in the margin of safety as currently defined 
in the Bases of the applicable Technical Specification sections, 
because the MCPR Safety Limits calculated for the remaining U1C14 
operation preserve the required margin of safety.
    Therefore, the proposed change does 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 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

[[Page 61476]]

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, 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, http://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 Bryan A. Snapp, Esquire, 
Assoc. General Counsel, PPL Services Corporation, 2 North Ninth St., 
GENTW3, Allentown, PA 18101-1179, attorney for the licensee.
    For further details with respect to this action, see the 
application for amendment dated October 14, 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 http://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 17th day of October 2005.


[[Page 61477]]


    For the Nuclear Regulatory Commission.
Richard J. Laufer,
Section Chief, Section 1, Project Directorate I, Division of Licensing 
Project Management, Office of Nuclear Reactor Regulation.
 [FR Doc. E5-5854 Filed 10-21-05; 8:45 am]
BILLING CODE 7590-01-P