Exelon Generation Company, LLC, and PSEG Nuclear, LLC; Notice of Consideration of Issuance of Amendments to Renewed Facility Operating Licenses, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing, 40342-40344 [E7-14250]
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40342
Federal Register / Vol. 72, No. 141 / Tuesday, July 24, 2007 / Notices
NRC Meetings, 67 Fed. Reg. 36,920,
36,923 (May 28, 2002).
C. Submitting a Request to Make an
Oral Limited Appearance Statement
Persons wishing to make an oral
statement who have submitted a timely
written request to do so will be given
priority over those who have not filed
such a request. To be considered timely,
a written request to make an oral
statement must either be mailed, faxed,
or sent by e-mail so as to be received by
5 p.m. Eastern Daylight Time on Friday,
October 5, 2007. The request should
specify the session (afternoon or
evening) during which the requester
wishes to make an oral statement. Based
on its review of the requests received by
October 5, 2007, the Licensing Board
reserves the right to cancel or shorten
either of the sessions due to a lack of
public interest.
Written requests to make an oral
statement should be submitted to:
Mail: Office of the Secretary,
Rulemakings and Adjudications Staff,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001.
Fax: (301) 415–1101 (verification
(301) 415–1966).
E-mail: hearingdocket@nrc.gov.
In addition, using the same method of
service, a copy of the written request to
make an oral statement should be sent
to the Chairman of this Licensing Board
as follows:
Mail: Alex S. Karlin, Chairman, c/o:
Marcia Carpentier, Esq., Law Clerk,
Atomic Safety and Licensing Board
Panel, Mail Stop T–3 E2C, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001.
Fax: (301) 415–5599 (verification
(301) 415–7405).
E-mail: mxc7@nrc.gov and
ksv@nrc.gov.
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D. Written Limited Appearance
Statements (In Lieu of Oral Statements)
A written limited appearance
statement may be submitted to the
Board regarding this proceeding at any
time. The Board encourages early
submissions, however, so that Board
members will be able to consider them
while addressing the issues in this
proceeding. Such statements should be
sent to the Office of the Secretary using
the methods prescribed above, with a
copy to the Licensing Board Chairman.
A person who has already filed a
written limited appearance statement in
this matter is not required to resubmit
it, but should notify the Board, as
specified above, if he or she wishes to
make an oral statement during the
October sessions.
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III. Availability of Documentary
Information Regarding the Proceeding
Documents relating to this proceeding
are available for public inspection at the
Commission’s Public Document Room
(PDR) or electronically from the
publicly available records component of
NRC’s Agencywide Documents Access
and Management System (ADAMS).
ADAMS is accessible from the NRC Web
site at https://www.nrc.gov/reading-rm/
adams.html (the Public Electronic
Reading Room). 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 (800) 397–4209, (301) 415–
4737, or by e-mail to pdr@nrc.gov.
IV. Scheduling Information Updates
Any updated/revised scheduling
information regarding the limited
appearance sessions can be found on the
NRC Web site at https://www.nrc.gov/
public-involve/public-meetings/
index.cfm or by calling (800) 368–5642,
extension 5036, or (301) 415–5036.
It is so ordered.
For the Atomic Safety and Licensing
Board.5
Dated: July 18, 2007.
Alex S. Karlin,
Chairman, Administrative Judge, Rockville,
Maryland.
[FR Doc. 07–3604 Filed 7–23–07; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
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[Docket Nos. 50–277 and 50–278]
Exelon Generation Company, LLC, and
PSEG Nuclear, LLC; Notice of
Consideration of Issuance of
Amendments to Renewed Facility
Operating Licenses, 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 Renewed Facility Operating License
Nos. DPR–44 and DPR–56 issued to
Exelon Generation Company, LLC, and
PSEG Nuclear, LLC (the licensees), for
operation of the Peach Bottom Atomic
Power Station (PBAPS), Units 2 and 3
5 Copies of this order were sent this date by
internet e-mail transmission to counsel for (1)
licensees Entergy Nuclear Vermont Yankee, L.L.C.,
and Entergy Nuclear Operations, Inc.; (2)
intervenors Vermont Department of Public Service
and New England Coalition of Brattleboro,
Vermont; (3) the Staff, and (4) the State of New
Hampshire.
PO 00000
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Fmt 4703
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located in York and Lancaster Counties,
Pennsylvania.
The proposed amendment would
modify the main steam isolation valve
(MSIV) leakage Technical Specification
(TS) Surveillance Requirement (SR)
3.6.1.3.14 to establish a total leakage
rate limit for the sum of the four main
steam lines.
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.
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), Part 50, Section 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 amendment involve
a significant increase in the probability or
consequences of an accident previously
evaluated?
Response: No.
The proposed amendment results in no
change in radiological consequences of the
design basis LOCA as currently analyzed for
Peach Bottom Atomic Power Station
[PBAPS]. This analysis was calculated
assuming a combined total MSlV leakage at
accident pressure for determining acceptance
to the regulatory limits for the offsite, control
room and Technical Support Center (TSC)
radiation doses as contained in 10 CFR Part
100 and 10 CFR Part 50, Appendix A, GDC
19. The proposed change does not
compromise existing radiological equipment
qualification, since the combined total MSlV
leakage rate has been factored into existing
equipment qualification analyses for 10 CFR
50.49. This change will not alter the
operation of process variables, structures,
systems, or components as described in the
PBAPS Updated Final Safety Analysis Report
(UFSAR). The proposed amendment does not
alter the operational capability of the MSIVs.
Therefore, based on the above information,
the proposed amendment does not involve a
significant increase in the probability or
consequences of an accident previously
evaluated.
2. Does the proposed amendment create
the possibility of a new or different kind of
accident from any accident previously
evaluated?
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Federal Register / Vol. 72, No. 141 / Tuesday, July 24, 2007 / Notices
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Response: No.
The proposed amendment does not modify
the MSlVs or any other plant system or
structure associated with this amendment
and therefore, will not affect their capability
to perform their design functions. The
combined total main steam line leakage rate
is included in the current radiological
analyses for the assessment of radiation
exposure following an accident. This
proposal changes the allowable leakage rate
from a per valve limit to a total combined
leakage rate limit for all four main steam
lines, but does not change the cumulative
limit. The proposed change does not affect
the responses of plant equipment to transient
or accident conditions. The proposed
amendment does not change or introduce any
new equipment, modes of system operation
or failure mechanisms.
Therefore, based on the above information,
the proposed amendment does not create the
possibility of a new or different kind of
accident from any previously evaluated.
3. Does the proposed amendment involve
a significant reduction in a margin of safety?
Response: No.
The proposed amendment has no impact
on equipment design or operation, and there
are no changes being made to safety limits or
safety system allowable values that would
adversely affect plant safety. The proposed
change does not affect safety analysis
assumptions or initial conditions and
therefore, the margin of safety in the original
safety analyses are maintained. The leakage
rate limit specified for the MSlVs is used to
quantify the maximum amount of bypass
leakage assumed in the LOCA radiological
analysis. Results of the analysis are evaluated
against the dose guidelines contained in 10
CFR Part 100 and 10 CFR Part 50, Appendix
A, GDC 19. The margin of safety in this
context is considered to be the difference
between the calculated dose exposures and
the guidelines provided by 10 CFR Part 100
and GDC 19. Therefore, since the proposed
combined total main steam line leakage rate
limit is unchanged from the assumed
maximum leakage rate for MSlVs for the
purpose of calculating potential radiation
dose, the margin of safety is not affected.
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–
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17:50 Jul 23, 2007
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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, Rulemaking,
Directives and Editing 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
PO 00000
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Fmt 4703
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40343
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
requestors/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
least one contention will not be
permitted to participate as a party.
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40344
Federal Register / Vol. 72, No. 141 / Tuesday, July 24, 2007 / Notices
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 Mr. Brad Fewell, Assistant
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17:50 Jul 23, 2007
Jkt 211001
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 March 6, 2007, which
is available for public inspection at the
Commission’s 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 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/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, 301–415–4737, or by e-mail
to pdr@nrc.gov.
Dated at Rockville, Maryland, this 17th day
of July 2007.
For the Nuclear Regulatory Commission.
John Hughey,
Project Manager, Plant Licensing Branch 1–
2, Division of Operating Reactor Licensing,
Office of Nuclear Reactor Regulation.
[FR Doc. E7–14250 Filed 7–23–07; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 70–3098–MLA; ASLBP No. 07–
856–02–MLA–BD01]
Shaw Areva Mox Services (Mixed
Oxide Fuel Fabrication Facility); Notice
of Reconstitution
Pursuant to 10 CFR 2.321, the Atomic
Safety and Licensing Board in the above
captioned Shaw Areva Mox Services
proceeding is hereby reconstituted by
appointing Administrative Judge
Lawrence G. McDade in place of
Administrative Judge William M.
Murphy, whose circumstances have
rendered him unavailable to participate
in this proceeding (10 CFR 2.313(c)).
In accordance with 10 CFR 2.302,
henceforth all correspondence,
documents, and other material relating
to any matter in this proceeding over
which this Licensing Board has
jurisdiction should be served on
Administrative Judge McDade as
follows: Administrative Judge Lawrence
G. McDade, Atomic Safety and
Licensing Board Panel, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001.
PO 00000
Frm 00075
Fmt 4703
Sfmt 4703
Issued at Rockville, Maryland, this 18th
day of July 2007.
E. Roy Hawkens,
Chief Administrative Judge, Atomic Safety
and Licensing Board Panel.
[FR Doc. E7–14255 Filed 7–23–07; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
Notice of Intent to Prepare a Generic
Environmental Impact Statement for
Uranium Milling Facilities
United States Nuclear
Regulatory Commission (NRC).
ACTION: Notice of Intent (NOI).
AGENCY:
SUMMARY: The NRC announces its intent
to prepare a Generic Environmental
Impact Statement (GEIS) in accordance
with the National Environmental Policy
Act (NEPA) and NRC’s NEPA
implementing regulations contained in
10 CFR Part 51. The GEIS will assess the
potential environmental impacts
associated with uranium recovery at
milling facilities employing the in-situ
leach (ISL) process. The GEIS may also
assess the potential environmental
impacts of alternative methods of
uranium recovery (including the
conventional milling process).
DATES: The public scoping process
required by NEPA begins with
publication of this NOI and continues
until September 4, 2007. Written
comments submitted by mail should be
postmarked by that date to ensure
consideration. Comments mailed after
that date will be considered to the
extent possible.
NRC will conduct two public
meetings to assist in defining the
appropriate scope of the GEIS, including
the significant environmental issues to
be addressed. The meeting dates, times
and locations are listed below:
Meeting Date: August 7, 2007, 7 p.m.
to 9:30 p.m.
Meeting Location: Parkway Plaza
Hotel and Convention Center, 123 West
E Street, Casper, WY 82601, Phone (307)
235–1777.
Meeting Date: August 9, 2007, 7 p.m.
to 9:30 p.m.
Meeting Location: Hilton
Albuquerque, 1901 University
Boulevard, NE., Albuquerque, New
Mexico, 87102, Phone: (505) 884–2500.
For both meetings, members of the
NRC staff will be available for informal
discussions with members of the public
from 6 p.m. to 7 p.m. The formal
meeting and associated NRC
presentation will begin at 7 p.m. For
planning purposes, those who wish to
E:\FR\FM\24JYN1.SGM
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]]>Agencies
[Federal Register Volume 72, Number 141 (Tuesday, July 24, 2007)]
[Notices]
[Pages 40342-40344]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-14250]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-277 and 50-278]
Exelon Generation Company, LLC, and PSEG Nuclear, LLC; Notice of
Consideration of Issuance of Amendments to Renewed Facility Operating
Licenses, 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 Renewed Facility Operating
License Nos. DPR-44 and DPR-56 issued to Exelon Generation Company,
LLC, and PSEG Nuclear, LLC (the licensees), for operation of the Peach
Bottom Atomic Power Station (PBAPS), Units 2 and 3 located in York and
Lancaster Counties, Pennsylvania.
The proposed amendment would modify the main steam isolation valve
(MSIV) leakage Technical Specification (TS) Surveillance Requirement
(SR) 3.6.1.3.14 to establish a total leakage rate limit for the sum of
the four main steam lines.
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.
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), Part 50, Section 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 amendment involve a significant increase in
the probability or consequences of an accident previously evaluated?
Response: No.
The proposed amendment results in no change in radiological
consequences of the design basis LOCA as currently analyzed for
Peach Bottom Atomic Power Station [PBAPS]. This analysis was
calculated assuming a combined total MSlV leakage at accident
pressure for determining acceptance to the regulatory limits for the
offsite, control room and Technical Support Center (TSC) radiation
doses as contained in 10 CFR Part 100 and 10 CFR Part 50, Appendix
A, GDC 19. The proposed change does not compromise existing
radiological equipment qualification, since the combined total MSlV
leakage rate has been factored into existing equipment qualification
analyses for 10 CFR 50.49. This change will not alter the operation
of process variables, structures, systems, or components as
described in the PBAPS Updated Final Safety Analysis Report (UFSAR).
The proposed amendment does not alter the operational capability of
the MSIVs.
Therefore, based on the above information, the proposed
amendment does not involve a significant increase in the probability
or consequences of an accident previously evaluated.
2. Does the proposed amendment create the possibility of a new
or different kind of accident from any accident previously
evaluated?
[[Page 40343]]
Response: No.
The proposed amendment does not modify the MSlVs or any other
plant system or structure associated with this amendment and
therefore, will not affect their capability to perform their design
functions. The combined total main steam line leakage rate is
included in the current radiological analyses for the assessment of
radiation exposure following an accident. This proposal changes the
allowable leakage rate from a per valve limit to a total combined
leakage rate limit for all four main steam lines, but does not
change the cumulative limit. The proposed change does not affect the
responses of plant equipment to transient or accident conditions.
The proposed amendment does not change or introduce any new
equipment, modes of system operation or failure mechanisms.
Therefore, based on the above information, the proposed
amendment does not create the possibility of a new or different kind
of accident from any previously evaluated.
3. Does the proposed amendment involve a significant reduction
in a margin of safety?
Response: No.
The proposed amendment has no impact on equipment design or
operation, and there are no changes being made to safety limits or
safety system allowable values that would adversely affect plant
safety. The proposed change does not affect safety analysis
assumptions or initial conditions and therefore, the margin of
safety in the original safety analyses are maintained. The leakage
rate limit specified for the MSlVs is used to quantify the maximum
amount of bypass leakage assumed in the LOCA radiological analysis.
Results of the analysis are evaluated against the dose guidelines
contained in 10 CFR Part 100 and 10 CFR Part 50, Appendix A, GDC 19.
The margin of safety in this context is considered to be the
difference between the calculated dose exposures and the guidelines
provided by 10 CFR Part 100 and GDC 19. Therefore, since the
proposed combined total main steam line leakage rate limit is
unchanged from the assumed maximum leakage rate for MSlVs for the
purpose of calculating potential radiation dose, the margin of
safety is not affected.
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, Rulemaking,
Directives and Editing 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 requestors/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 least one
contention will not be permitted to participate as a party.
[[Page 40344]]
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. Brad Fewell,
Assistant 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 March 6, 2007, which is available for
public inspection at the Commission's 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 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/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, 301-415-4737, or by e-mail to pdr@nrc.gov.
Dated at Rockville, Maryland, this 17th day of July 2007.
For the Nuclear Regulatory Commission.
John Hughey,
Project Manager, Plant Licensing Branch 1-2, Division of Operating
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. E7-14250 Filed 7-23-07; 8:45 am]
BILLING CODE 7590-01-P
