Exelon Generation Company, LLC; Notice of Consideration of Issuance of Amendment to Renewed Facility Operating License No. DPR-19 and Renewed Facility Operating License No. DPR-25; Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing, 50986-50988 [E7-17493]

Download as PDF 50986 Federal Register / Vol. 72, No. 171 / Wednesday, September 5, 2007 / Notices National Aeronautics and Space Administration Headquarters, 300 E Street, SW., Room 6H45, Washington, DC 20546. FOR FURTHER INFORMATION CONTACT: Dr. Glen R. Asner, Office of External Relations, (202) 358–0903, National Aeronautics and Space Administration, Washington, DC 20546–0001. SUPPLEMENTARY INFORMATION: This meeting will be open to the public up to the seating capacity of the room. Five seats will be reserved for members of the press. The agenda for the meeting is as follows: —To assess the operational readiness of the International Space Station to support a new crew. —To assess the Russian and American flight teams’ preparedness to accomplish the Expedition Sixteen mission. —To assess the health and flight readiness of the Expedition Sixteen crew. Attendees will be requested to sign a register and to comply with NASA security requirements, including the presentation of a valid picture ID, before receiving an access badge. Foreign nationals attending this meeting will be required to provide the following information: Full name; gender; date/ place of birth; citizenship; visa/green card information (number, type, expiration date); passport information (number, country, expiration date); employer/affiliation information (name of institution, address, country, phone); title/position of attendee. To expedite admittance, attendees should provide identifying information in advance by contacting Glen Asner via e-mail at glen.asner@nasa.gov or by telephone at (202) 358–0903 by September 21, 2007. It is imperative that the meeting be held on this date to accommodate the scheduling priorities of the key participants. ADDRESSES: Dated: August 24, 2007. P. Diane Rausch, Advisory Committee Management Officer, National Aeronautics and Space Administration. [FR Doc. E7–17468 Filed 9–4–07; 8:45 am] BILLING CODE 7510–13–P rfrederick on PROD1PC67 with NOTICES NATIONAL TRANSPORTATION SAFETY BOARD Agenda; Sunshine Act Meeting 9:30 a.m., Tuesday, September 11, 2007. PLACE: NTSB Conference Center, 429 L’Enfant Plaza SW., Washington, DC 20594. TIME AND DATE: VerDate Aug<31>2005 13:51 Sep 04, 2007 Jkt 211001 STATUS: The two items are open to the public. 1124C, Motorcycle Safety Recommendation Letters. 7833a, Railroad Accident Report— Derailment of Chicago Transit Authority Train Number 220 Between Clark/Lake and Grand/Milwaukee Stations, Chicago, Illinois, July 11, 2006. NEWS MEDIA CONTACT: Telephone: (202) 314–6100. Individuals requesting specific accommodations should contact Chris Bisett at (202) 314–6305 by Friday, September 7, 2007. The public may view the meeting via alive or archived webcast by accessing a link under ‘‘News & Events’’ on the NTSB home page at http:// www.ntsb.gov. FOR MORE INFORMATION CONTACT: Vicky D’Onofrio, (202) 314–6410. MATTER TO BE CONSIDERED: Dated: August 31, 2007. Vicky D’Onofrio, Federal Register Liaison Officer. [FR Doc. 07–4352 Filed 8–31–07; 12:52 pm] BILLING CODE 7533–01–M NUCLEAR REGULATORY COMMISSION [Docket Nos. 50–237 and 50–249] Exelon Generation Company, LLC; Notice of Consideration of Issuance of Amendment to Renewed Facility Operating License No. DPR–19 and Renewed Facility Operating License No. DPR–25; 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 No. DPR–19 and Renewed Facility Operating License No. DPR–25 issued to Exelon Generation Company, LLC, (the licensee) for operation of the Dresden Nuclear Power Station, Units 2 and 3 (DNPS), located in Grundy County, Illinois. The proposed amendment would revise the values of the safety limit minimum critical power ratio (SLMCPR) in Technical Specification Section 2.1.1, ‘‘Reactor Core SLs.’’ The amendment request is being re-noticed because the Nuclear Regulatory Commission staff determined during the review of the licensee’s request that the change affected the licenses for both units at the DNPS. This notice supersedes the notice that appeared on July 31, 2007 (72 FR 41783). PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 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), 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 change involve a significant increase in the probability or consequences of an accident previously evaluated? Response: No. The probability of an evaluated accident is derived from the probabilities of the individual precursors to that accident. The consequences of an evaluated accident are determined by the operability of plant systems designed to mitigate those consequences. Limits have been established consistent with NRC approved methods to ensure that fuel performance during normal, transient, and accident conditions is acceptable. The proposed change conservatively establishes the SLMCPR for DNPS Unit 2, Cycle 21 such that the fuel is protected during normal operation and during plant transients or anticipated operational occurrences (AOOs). Changing the SLMCPR does not increase the probability of an evaluated accident. The change does not require any physical plant modifications, physically affect any plant components, or entail changes in plant operation. Therefore, no individual precursors of an accident are affected. The proposed change revises the SLMCPR to protect the fuel during normal operation as well as during plant transients or AOOs. Operational limits will be established based on the proposed SLMCPR to ensure that the SLMCPR is not violated. This will ensure that the fuel design safety criterion (i.e., that at least 99.9% of the fuel rods do not experience transition boiling during normal operation and AOOs) is met. Since the proposed change does not affect operability of plant systems designed to mitigate any consequences of accidents, the consequences of an accident previously evaluated are not expected to increase. Therefore, the proposed change does not involve a significant increase in the E:\FR\FM\05SEN1.SGM 05SEN1 Federal Register / Vol. 72, No. 171 / Wednesday, September 5, 2007 / Notices rfrederick on PROD1PC67 with NOTICES 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. Creation of the possibility of a new or different kind of accident requires creating one or more new accident precursors. New accident precursors may be created by modifications of plant configuration, including changes in allowable modes of operation. The proposed change does not involve any plant configuration modifications or changes to allowable modes of operation. The proposed change to the SLMCPR assures that safety criteria are maintained for DNPS, Unit 2, Cycle 21. Therefore, the proposed change 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. The SLMCPR provides a margin of safety by ensuring that at least 99.9% of the fuel rods do not experience transition boiling during normal operation and AOOs if the MCPR limit is not violated. The proposed change will ensure the current level of fuel protection is maintained by continuing to ensure that at least 99.9% of the fuel rods do not experience transition boiling during normal operation and AOOs if the MCPR limit is not violated. The proposed SLMCPR values were developed using NRC-approved methods. Additionally, operational limits will be established based on the proposed SLMCPR to ensure that the SLMCPR is not violated. This will ensure that the fuel design safety criterion (i.e., that no more than 0.1% of the rods are expected to be in boiling transition if the MCPR limit is not violated) is met. 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 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 60day period provided that its final determination is that the amendment involves no significant hazards VerDate Aug<31>2005 13:51 Sep 04, 2007 Jkt 211001 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 either 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, http://www.nrc.gov/ reading-rm/doc-collections/cfr/. If a PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 50987 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 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 E:\FR\FM\05SEN1.SGM 05SEN1 rfrederick on PROD1PC67 with NOTICES 50988 Federal Register / Vol. 72, No. 171 / Wednesday, September 5, 2007 / Notices 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 the Mr. Bradley J. Fewell, Associate General Counsel, Exelon Generation Company, LLC, 4300 VerDate Aug<31>2005 13:51 Sep 04, 2007 Jkt 211001 Winfield Road, Warrenville, IL 60555, attorney for the licensee. For further details with respect to this action, see the application for amendment dated July 10, 2007, which is 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 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/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 29th day of August 2007. For the Nuclear Regulatory Commission. Christopher Gratton, Sr., Project Manager, Plant Licensing Branch III– 2, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. E7–17493 Filed 9–4–07; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket No. 50–298] Nebraska Public Power District; Cooper Nuclear Station; Environmental Assessment and Finding of No Significant Impact The U.S. Nuclear Regulatory Commission (NRC) is considering issuance of an amendment to Facility Operating License No. DPR–46, issued to Nebraska Public Power District (NPPD, the licensee), for operation of the Cooper Nuclear Power Station (CNS) located in Nemaha County, Nebraska. Therefore, as specified in Title 10 of the Code of Federal Regulations (10 CFR) section 51.21, the NRC is issuing this environmental assessment and finding of no significant impact. Environmental Assessment Identification of the Proposed Action The proposed action is in response to the licensee’s application dated October 17, 2006, as supplemented by letters dated February 7, April 17, May 4, and July 26, 2007, requesting an amendment to the operating license for CNS to increase the storage capacity of its spent fuel pool (SFP) to maintain the capability to fully offload the core from PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 the reactor as the unit approaches the end of its operating license. To achieve this goal, the licensee plans to install two additional high-density spent fuel racks into the SFP. Existing spent fuel racks will remain in the pool in their current configuration. The proposed additional racks will have a closer assembly-to-assembly spacing to increase fuel storage capacity. The number of fuel assemblies that can be stored in the SFP would be increased from 2366 assemblies to 2651 assemblies (an increase of 285 assemblies). The Need for the Proposed Action An increase in spent fuel storage capacity is needed to maintain the capability for a full-core offload and to allow CNS to operate at full power until the next refueling outage. Loss of fullcore offload capability occurred when the spent fuel was discharged to the SFP following Cycle 22 in January 2005. The licensee plans to install one of the additional high-density storage racks (with the capacity to store 117 fuel assemblies) immediately following issuance of the proposed amendment, with the second high-density storage rack (with the capacity to store 168 fuel assemblies) to be installed later if necessary, while keeping the existing racks in place. The additional capacity will ensure the capability of a full-core offload as the unit approaches the end of Cycle 25, at which point it will receive new fuel for Cycle 26 during the summer of 2009. Environmental Impacts of the Proposed Action The NRC has completed its safety evaluation of the proposed action and concludes that the proposed addition of two new storage racks to the SFP is acceptable. The details of the staff’s safety evaluation will be provided in the license amendment that will be issued as part of the letter to the licensee approving the license amendment. The staff has reviewed the licensee’s plan for the expanded fuel storage capacity with respect to the radiological impact. The specifics of this review are presented below: 1. Radioactive Wastes CNS uses waste treatment systems designed to collect and process gaseous, liquid, and solid waste that might contain radioactive material in a safe and controlled manner so that the discharges are in accordance with the regulatory standards of 10 CFR Part 20, and Appendix I to 10 CFR Part 50. E:\FR\FM\05SEN1.SGM 05SEN1

Agencies

[Federal Register Volume 72, Number 171 (Wednesday, September 5, 2007)]
[Notices]
[Pages 50986-50988]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-17493]


=======================================================================
-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-237 and 50-249]


Exelon Generation Company, LLC; Notice of Consideration of 
Issuance of Amendment to Renewed Facility Operating License No. DPR-19 
and Renewed Facility Operating License No. DPR-25; 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 No. DPR-19 and Renewed Facility Operating License No. DPR-25 
issued to Exelon Generation Company, LLC, (the licensee) for operation 
of the Dresden Nuclear Power Station, Units 2 and 3 (DNPS), located in 
Grundy County, Illinois.
    The proposed amendment would revise the values of the safety limit 
minimum critical power ratio (SLMCPR) in Technical Specification 
Section 2.1.1, ``Reactor Core SLs.'' The amendment request is being re-
noticed because the Nuclear Regulatory Commission staff determined 
during the review of the licensee's request that the change affected 
the licenses for both units at the DNPS. This notice supersedes the 
notice that appeared on July 31, 2007 (72 FR 41783).
    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), 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 change involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.
    The probability of an evaluated accident is derived from the 
probabilities of the individual precursors to that accident. The 
consequences of an evaluated accident are determined by the 
operability of plant systems designed to mitigate those 
consequences. Limits have been established consistent with NRC 
approved methods to ensure that fuel performance during normal, 
transient, and accident conditions is acceptable. The proposed 
change conservatively establishes the SLMCPR for DNPS Unit 2, Cycle 
21 such that the fuel is protected during normal operation and 
during plant transients or anticipated operational occurrences 
(AOOs).
    Changing the SLMCPR does not increase the probability of an 
evaluated accident. The change does not require any physical plant 
modifications, physically affect any plant components, or entail 
changes in plant operation. Therefore, no individual precursors of 
an accident are affected.
    The proposed change revises the SLMCPR to protect the fuel 
during normal operation as well as during plant transients or AOOs. 
Operational limits will be established based on the proposed SLMCPR 
to ensure that the SLMCPR is not violated. This will ensure that the 
fuel design safety criterion (i.e., that at least 99.9% of the fuel 
rods do not experience transition boiling during normal operation 
and AOOs) is met. Since the proposed change does not affect 
operability of plant systems designed to mitigate any consequences 
of accidents, the consequences of an accident previously evaluated 
are not expected to increase.
    Therefore, the proposed change does not involve a significant 
increase in the

[[Page 50987]]

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.
    Creation of the possibility of a new or different kind of 
accident requires creating one or more new accident precursors. New 
accident precursors may be created by modifications of plant 
configuration, including changes in allowable modes of operation. 
The proposed change does not involve any plant configuration 
modifications or changes to allowable modes of operation. The 
proposed change to the SLMCPR assures that safety criteria are 
maintained for DNPS, Unit 2, Cycle 21.
    Therefore, the proposed change 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.
    The SLMCPR provides a margin of safety by ensuring that at least 
99.9% of the fuel rods do not experience transition boiling during 
normal operation and AOOs if the MCPR limit is not violated. The 
proposed change will ensure the current level of fuel protection is 
maintained by continuing to ensure that at least 99.9% of the fuel 
rods do not experience transition boiling during normal operation 
and AOOs if the MCPR limit is not violated. The proposed SLMCPR 
values were developed using NRC-approved methods. Additionally, 
operational limits will be established based on the proposed SLMCPR 
to ensure that the SLMCPR is not violated. This will ensure that the 
fuel design safety criterion (i.e., that no more than 0.1% of the 
rods are expected to be in boiling transition if the MCPR limit is 
not violated) is met.
    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 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 either 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, 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 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.
    Those permitted to intervene become parties to the proceeding, 
subject to any limitations in the order granting leave to

[[Page 50988]]

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 the Mr. Bradley J. 
Fewell, Associate General Counsel, Exelon Generation Company, LLC, 4300 
Winfield Road, Warrenville, IL 60555, attorney for the licensee.
    For further details with respect to this action, see the 
application for amendment dated July 10, 2007, which is 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 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/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 29th day of August 2007.

    For the Nuclear Regulatory Commission.
Christopher Gratton, Sr.,
Project Manager, Plant Licensing Branch III-2, Division of Operating 
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. E7-17493 Filed 9-4-07; 8:45 am]
BILLING CODE 7590-01-P