PSEG Nuclear LLC; Notice of Consideration of Issuance of Amendments to Facility Operating Licenses, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing, 43819-43821 [E6-12442]
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Federal Register / Vol. 71, No. 148 / Wednesday, August 2, 2006 / Notices
participate fully in the conduct of the
hearing. 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 must 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 the licensee. The licensee’s
contact for this is Dr. William A.
Baeslack, III, Dean, College of
Engineering, 142A Hitchcock Hall, The
Ohio State University, 2070 Neil
Avenue, Columbus, OH 43210.
Non-timely requests and/or petitions
and contentions will not be entertained
absent a determination by the
Commission, the presiding officer, or
the Atomic Safety and Licensing Board
that the petition, request and/or
contentions should be granted based on
a balancing of the factors specified in 10
CFR 2.309(c)(1)(i)–(viii).
Detailed guidance which the NRC
uses to review applications for the
renewal of non-power reactor licenses
can be found in the document NUREG–
1537, entitled ‘‘Guidelines for Preparing
and Reviewing Applications for the
Licensing of Non-Power Reactors,’’ can
be obtained from the Commission?s
PDR. The NRC maintains an
Agencywide Documents Access and
Management System (ADAMS), which
provides text and image files of NRC’s
public documents. The detailed review
guidance (NUREG–1537) may be
accessed through the NRC’s Public
Electronic Reading Room on the Internet
at https://www.nrc.gov/reading-rm/
adams.html under ADAMS accession
number ML042430055 for part one and
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43819
PSEG Nuclear LLC; Notice of
Consideration of Issuance of
Amendments to Facility Operating
Licenses, Proposed No Significant
Hazards Consideration Determination,
and Opportunity for a Hearing
make the SRs on the above instruments
better aligned with NUREG–1431,
‘‘Standard Technical Specifications,
Westinghouse Plants,’’ and with
Technical Specification Task Force
Traveler 108, ‘‘Eliminate the 12 hour
[Channel Operational Test] on power
range and intermediate range channels
for Physics Test Exceptions.’’
Specifically, the frequency of the CFTs
for the intermediate range, source range,
and power range monitors would be
changed to be more consistent with
NUREG–1431.
Before issuance of the proposed
license amendments, the Commission
will have made findings required by the
Atomic Energy Act of 1954, as amended
(the Act), and the Commission’s
regulations.
The Commission has made a
proposed determination that the
amendment request involves no
significant hazards consideration. Under
the Commission’s regulations in Title 10
of the Code of Federal Regulations (10
CFR), Section 50.92, this means that
operation of the facility in accordance
with the proposed amendments 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:
The U.S. Nuclear Regulatory
Commission (NRC or the Commission)
is considering issuance of amendments
to Facility Operating License Nos. DPR–
70 and DPR–75 issued to PSEG Nuclear
LLC (the licensee) for operation of the
Salem Nuclear Generating Station
(Salem), Unit Nos. 1 and 2, located in
Salem County, NJ.
The proposed amendments would
revise the Technical Specifications
(TSs) to delete Surveillance
Requirement (SR) 4.9.2.b, which
requires performance of a channel
functional test (CFT) of each source
range neutron flux monitor within 8
hours prior to the initial start of core
alterations. An associated
administrative change would renumber
current SR 4.9.2.c as SR 4.9.2.b. The
amendments would also eliminate the
restriction in SRs 4.10.3.2 and 4.10.4.2
that the CFTs of the intermediate and
power range monitors be performed
within 12 hours prior to initiating
physics tests. The amendments would
also make changes to TS Table 4.3–1 to
1. Does the proposed change involve a
significant increase in the probability or
consequences of an accident previously
evaluated?
Response: No
The proposed changes do not affect the
design, operational characteristics, function,
or reliability of the source range,
intermediate range, or power range monitors.
A channel functional test for the source
range, intermediate range, or power range
monitors will continue to be performed at a
frequency that has been determined to be
sufficient for verification that the monitors
are properly functioning. The proposed
changes eliminate extraneous and
unnecessary performance of a channel
functional test for the source range,
intermediate range, or power range monitors.
A channel functional test for the source
range, intermediate range, or power range
monitors is not a precursor to, or assumed to
be an initiator of any analyzed accident.
Therefore, these proposed changes do not
involve a significant increase in the
probability of an accident.
The consequences of accidents previously
evaluated in the Updated Final Safety
Analysis Report are unaffected by the
proposed changes because no change to any
ML042430048 for part two. Copies of
the application to renew the facility
license for the OSURR are available for
public inspection at the Commission?s
PDR, located at One White Flint North,
11555 Rockville Pike (first floor),
Rockville, Maryland, 20855–2738. The
initial application also may be accessed
through the NRC’s Public Electronic
Reading Room, at the address
mentioned above, under ADAMS
accession number ML053400287
(Redacted Version). Persons who do not
have access to ADAMS, or if there are
problems in accessing the documents
located in ADAMS, may contact the
NRC Public Document Room Reference
staff at 1–800–397–4209, 301–415–4737,
or by e-mail to pdr@nrc.gov.
Dated at Rockville, Maryland, this 5th day
of June 2006.
For the Nuclear Regulatory Commission.
Brian E. Thomas,
Branch Chief, Research and Test Reactors
Branch, Division of Policy and Rulemaking,
Office of Nuclear Reactor Regulation.
[FR Doc. E6–12439 Filed 8–1–06; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–272 and 50–311]
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Federal Register / Vol. 71, No. 148 / Wednesday, August 2, 2006 / Notices
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equipment response or accident mitigation
scenario has resulted. The proposed changes
will have no adverse effect on the
availability, operability, or performance of
the safety-related systems and components
assumed to actuate in the event of a design
basis accident or transient. Because the
source range, intermediate range, and power
range monitors will remain capable of
performing their design function, the
proposed changes do not involve a
significant increase in the consequences of an
accident previously evaluated.
Therefore, the proposed changes do not
involve a significant increase in the
probability or consequences of an accident
previously evaluated.
2. Does the proposed change create the
possibility of a new or different kind of
accident from any accident previously
evaluated?
Response: No.
The proposed changes do not create the
possibility of a new or different kind of
accident from any accident previously
evaluated in the Updated Final Safety
Analysis Report. No new accident scenarios,
failure mechanisms, or limiting single
failures are introduced as a result of the
proposed changes. Specifically, no new
hardware is being added to the plant as part
of the proposed change, no existing
equipment design or function is being
modified, and no significant changes in
operations are being introduced. No new
equipment performance burdens are
imposed.
Therefore, the proposed changes do not
create the possibility of a new or different
kind of accident from any accident
previously evaluated.
3. Does the proposed change involve a
significant reduction in a margin of safety?
Response: No.
The proposed changes will not alter any
assumptions, initial conditions, or results of
any accident analyses. The ability of
operators to monitor the reactor power level
during all operating conditions and modes of
operation with the source range, intermediate
range, or power range monitors is unchanged
by these proposed changes. Therefore, the
proposed changes do not involve a
significant reduction in a margin of safety.
The NRC staff has reviewed the
licensee’s analysis and, based on this
review, it appears that the three
standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff
proposes to determine that the
amendment request involves no
significant hazards consideration.
The Commission is seeking public
comments on this proposed
determination. Any comments received
within 30 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 60 days after the date of
publication of this notice. The
Commission may issue the license
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16:40 Aug 01, 2006
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amendment before expiration of the 60day period provided that its final
determination is that the amendment
involves no significant hazards
consideration. In addition, the
Commission may issue the amendment
prior to the expiration of the 30-day
comment period should circumstances
change during the 30-day comment
period such that failure to act in a
timely way would result, for example,
in derating or shutdown of the facility.
Should the Commission take action
prior to the expiration of either the
comment period or the notice period, it
will publish in the Federal Register a
notice of issuance. Should the
Commission make a final No Significant
Hazards Consideration Determination,
any hearing will take place after
issuance. The Commission expects that
the need to take this action will occur
very infrequently.
Written comments may be submitted
by mail to the Chief, Rules and
Directives Branch, Division of
Administrative Services, Office of
Administration, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, and should cite the publication
date and page number of this Federal
Register notice. Written comments may
also be delivered to Room 6D59, Two
White Flint North, 11545 Rockville
Pike, Rockville, Maryland, from 7:30
a.m. to 4:15 p.m. Federal workdays.
Documents may be examined, and/or
copied for a fee, at the NRC’s Public
Document Room (PDR), located at One
White Flint North, Public File Area O1
F21, 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 O1F21, 11555 Rockville Pike
(first floor), Rockville, Maryland.
Publicly-available records will be
accessible from the Agencywide
Documents Access and Management
PO 00000
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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 is aware and on which the
petitioner intends to rely to establish
those facts or expert opinion. The
petition must include 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 to relief. A
petitioner/requestor who fails to satisfy
these requirements with respect to at
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Federal Register / Vol. 71, No. 148 / Wednesday, August 2, 2006 / Notices
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
email to ogcmailcenter@nrc.gov. A copy
of the request for hearing and petition
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for leave to intervene should also be
sent to Jeffrie J. Keenan, Esquire,
Nuclear Business Unit—N21, P.O. Box
236, Hancocks Bridge, NJ 08038,
attorney for the licensee.
For further details with respect to this
action, see the application for
amendment dated December 7, 2005,
and the supplement dated July 20, 2006,
which are available for public
inspection at the Commission’s PDR,
located at One White Flint North, File
Public Area O1 F21, 11555 Rockville
Pike (first floor), Rockville, Maryland.
Publicly-available records will be
accessible from the ADAMS Public
Electronic Reading Room on the Internet
at the NRC Web site, https://
www.nrc.gov/reading-rm/adams.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 or 301–415–4737, or by e-mail
to pdr@nrc.gov.
Dated at Rockville, Maryland, this 26th day
of July 2006.
For the Nuclear Regulatory Commission.
Stewart N. Bailey,
Senior Project Manager, Plant Licensing
Branch 1–2, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. E6–12442 Filed 8–1–06; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–2]
Notice of Issuance of
Decommissioning Amendment for
University of Michigan Ford Nuclear
Reactor
The U.S. Nuclear Regulatory
Commission (NRC) is noticing the
approval of the University of Michigan
decommissioning plan (DP) by
amendment to the Facility Operating
License for the Ford Nuclear Reactor
(FNR).
The FNR is located in the Phoenix
Memorial Laboratory on the North
Campus of the University in Ann Arbor,
Michigan. The reactor was licensed to
operate at 2 Megawatt thermal power.
After the initial startup of the FNR in
1957, the reactor ceased operations on
July 3, 2003.
The licensee submitted the FNR DP to
the NRC for review and approval in a
letter dated June 8, 2004, as
supplemented on June 23, 2004, January
5, 2006 and January 10, 2006. The NRC
approved the DP by Amendment No. 50
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43821
to the FNR Operating License No. R–28
on June 22, 2006.
A ‘‘Notice and Solicitation of
Comments Pursuant to 10 CFR 20.1405
and 10 CFR 50.82(b)(5) Concerning
Proposed Action to Decommission the
University of Michigan Ford Nuclear
Reactor’’ was published in the Federal
Register on September 8, 2004 (69 FR
54326–54327) and in The Ann Arbor
News on September 9, 2004. On June 7,
2006, the NRC staff consulted with the
Environmental Coordinator for the City
of Ann Arbor, Michigan. No comments
were received.
A copy of the license amendment
approving the University of Michigan’s
proposed decommissioning plan is
available for public inspection at the
Commission’s Public Document Room
(PDR), located at One White Flint North,
11555 Rockville Pike (first floor),
Rockville, Maryland, 20855–2738. The
NRC maintains an Agencywide
Documents Access and Management
System (ADAMS), which provides text
and image files of NRC’s public
documents. The amendment may be
accessed electronically from the
ADAMS Public Electronic Reading
Room on the Internet at the NRC Web
site, https://www.nrc.gov/reading-rm/
adams.html under ADAMS accession
number ML061220260. Persons who do
not have access to ADAMS, or have
problems in accessing the documents
located in ADAMS, may contact the
NRC PDR Reference staff by phone at 1–
800–397–4209, 301–415–4737, or by email to pdr@nrc.gov.
Dated at Rockville, Maryland, this June 30,
2006.
For the Nuclear Regulatory Commission.
Brian E. Thomas,
Branch Chief, Research and Test Reactors
Branch, Division of Policy and Rulemaking,
Office of Nuclear Reactor Regulation.
[FR Doc. E6–12441 Filed 8–1–06; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–157 and 50–97]
Notice of Issuance of
Decommissioning Amendments for
Cornell University Triga Research
Reactor (TRIGA) and Cornell University
Zero Power Reactor (ZPR)
The Nuclear Regulatory Commission
(NRC) has approved the Cornell
University Ward Center for Nuclear
Studies (WCNS) decommissioning plan
(DP) by amendments to the Facility
Operating Licenses for the TRIGA
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]]>Agencies
[Federal Register Volume 71, Number 148 (Wednesday, August 2, 2006)]
[Notices]
[Pages 43819-43821]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-12442]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-272 and 50-311]
PSEG Nuclear LLC; Notice of Consideration of Issuance of
Amendments to Facility Operating Licenses, Proposed No Significant
Hazards Consideration Determination, and Opportunity for a Hearing
The U.S. Nuclear Regulatory Commission (NRC or the Commission) is
considering issuance of amendments to Facility Operating License Nos.
DPR-70 and DPR-75 issued to PSEG Nuclear LLC (the licensee) for
operation of the Salem Nuclear Generating Station (Salem), Unit Nos. 1
and 2, located in Salem County, NJ.
The proposed amendments would revise the Technical Specifications
(TSs) to delete Surveillance Requirement (SR) 4.9.2.b, which requires
performance of a channel functional test (CFT) of each source range
neutron flux monitor within 8 hours prior to the initial start of core
alterations. An associated administrative change would renumber current
SR 4.9.2.c as SR 4.9.2.b. The amendments would also eliminate the
restriction in SRs 4.10.3.2 and 4.10.4.2 that the CFTs of the
intermediate and power range monitors be performed within 12 hours
prior to initiating physics tests. The amendments would also make
changes to TS Table 4.3-1 to make the SRs on the above instruments
better aligned with NUREG-1431, ``Standard Technical Specifications,
Westinghouse Plants,'' and with Technical Specification Task Force
Traveler 108, ``Eliminate the 12 hour [Channel Operational Test] on
power range and intermediate range channels for Physics Test
Exceptions.'' Specifically, the frequency of the CFTs for the
intermediate range, source range, and power range monitors would be
changed to be more consistent with NUREG-1431.
Before issuance of the proposed license amendments, the Commission
will have made findings required by the Atomic Energy Act of 1954, as
amended (the Act), and the Commission's regulations.
The Commission has made a proposed determination that the amendment
request involves no significant hazards consideration. Under the
Commission's regulations in Title 10 of the Code of Federal Regulations
(10 CFR), Section 50.92, this means that operation of the facility in
accordance with the proposed amendments 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:
1. Does the proposed change involve a significant increase in
the probability or consequences of an accident previously evaluated?
Response: No
The proposed changes do not affect the design, operational
characteristics, function, or reliability of the source range,
intermediate range, or power range monitors. A channel functional
test for the source range, intermediate range, or power range
monitors will continue to be performed at a frequency that has been
determined to be sufficient for verification that the monitors are
properly functioning. The proposed changes eliminate extraneous and
unnecessary performance of a channel functional test for the source
range, intermediate range, or power range monitors. A channel
functional test for the source range, intermediate range, or power
range monitors is not a precursor to, or assumed to be an initiator
of any analyzed accident. Therefore, these proposed changes do not
involve a significant increase in the probability of an accident.
The consequences of accidents previously evaluated in the
Updated Final Safety Analysis Report are unaffected by the proposed
changes because no change to any
[[Page 43820]]
equipment response or accident mitigation scenario has resulted. The
proposed changes will have no adverse effect on the availability,
operability, or performance of the safety-related systems and
components assumed to actuate in the event of a design basis
accident or transient. Because the source range, intermediate range,
and power range monitors will remain capable of performing their
design function, the proposed changes do not involve a significant
increase in the consequences of an accident previously evaluated.
Therefore, the proposed changes do not involve a significant
increase in the probability or consequences of an accident
previously evaluated.
2. Does the proposed change create the possibility of a new or
different kind of accident from any accident previously evaluated?
Response: No.
The proposed changes do not create the possibility of a new or
different kind of accident from any accident previously evaluated in
the Updated Final Safety Analysis Report. No new accident scenarios,
failure mechanisms, or limiting single failures are introduced as a
result of the proposed changes. Specifically, no new hardware is
being added to the plant as part of the proposed change, no existing
equipment design or function is being modified, and no significant
changes in operations are being introduced. No new equipment
performance burdens are imposed.
Therefore, the proposed changes do not create the possibility of
a new or different kind of accident from any accident previously
evaluated.
3. Does the proposed change involve a significant reduction in a
margin of safety?
Response: No.
The proposed changes will not alter any assumptions, initial
conditions, or results of any accident analyses. The ability of
operators to monitor the reactor power level during all operating
conditions and modes of operation with the source range,
intermediate range, or power range monitors is unchanged by these
proposed changes. Therefore, the proposed changes do not involve a
significant reduction in a margin of safety.
The NRC staff has reviewed the licensee's analysis and, based on
this review, it appears that the three standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff proposes to determine that the
amendment request involves no significant hazards consideration.
The Commission is seeking public comments on this proposed
determination. Any comments received within 30 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 60 days after the date of publication of this notice. The
Commission may issue the license amendment before expiration of the 60-
day period provided that its final determination is that the amendment
involves no significant hazards consideration. In addition, the
Commission may issue the amendment prior to the expiration of the 30-
day comment period should circumstances change during the 30-day
comment period such that failure to act in a timely way would result,
for example, in derating or shutdown of the facility. Should the
Commission take action prior to the expiration of either the comment
period or the notice period, it will publish in the Federal Register a
notice of issuance. Should the Commission make a final No Significant
Hazards Consideration Determination, any hearing will take place after
issuance. The Commission expects that the need to take this action will
occur very infrequently.
Written comments may be submitted by mail to the Chief, Rules and
Directives Branch, Division of Administrative Services, Office of
Administration, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001, and should cite the publication date and page number of
this Federal Register notice. Written comments may also be delivered to
Room 6D59, Two White Flint North, 11545 Rockville Pike, Rockville,
Maryland, from 7:30 a.m. to 4:15 p.m. Federal workdays. Documents may
be examined, and/or copied for a fee, at the NRC's Public Document Room
(PDR), located at One White Flint North, Public File Area O1 F21, 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 O1F21, 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 is aware and on which the
petitioner intends to rely to establish those facts or expert opinion.
The petition must include 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 to relief. A petitioner/requestor
who fails to satisfy these requirements with respect to at
[[Page 43821]]
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 email to
ogcmailcenter@nrc.gov. A copy of the request for hearing and petition
for leave to intervene should also be sent to Jeffrie J. Keenan,
Esquire, Nuclear Business Unit--N21, P.O. Box 236, Hancocks Bridge, NJ
08038, attorney for the licensee.
For further details with respect to this action, see the
application for amendment dated December 7, 2005, and the supplement
dated July 20, 2006, which are available for public inspection at the
Commission's PDR, located at One White Flint North, File Public Area O1
F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly-
available records will be accessible from the ADAMS Public Electronic
Reading Room on the Internet at the NRC Web site, https://www.nrc.gov/
reading-rm/adams.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 or
301-415-4737, or by e-mail to pdr@nrc.gov.
Dated at Rockville, Maryland, this 26th day of July 2006.
For the Nuclear Regulatory Commission.
Stewart N. Bailey,
Senior Project Manager, Plant Licensing Branch 1-2, Division of
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. E6-12442 Filed 8-1-06; 8:45 am]
BILLING CODE 7590-01-P
