[Federal Register Volume 59, Number 159 (Thursday, August 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20262]


[[Page Unknown]]

[Federal Register: August 18, 1994]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-321 and 50-366]

 

Georgia Power Co., et al.; Consideration of Issuance of 
Amendments to Facility Operating Licenses and Opportunity for a Hearing

    The U.S. Nuclear Regulatory Commission (the Commission) is 
considering issuance of amendments to Facility Operating License Nos. 
DPR-57 and DPR-5, issued to Georgia Power Company, Oglethorpe Power 
Corporation, Municipal Electric Authority of Georgia, City of Dalton, 
Georgia (the licensee), for operation of the Edwin I. Hatch Nuclear 
Plant, Units 1 and 2 located in Appling County, Georgia.
    The proposed amendments would replace the current Technical 
Specifications (TS) with a set of TS based on the new Boiling Water 
Reactor (BWR) Owners Group Standard Technical Specifications, NUREG-
1433, ``Standard Technical Specifications General Electric Plants, BWR/
4.'' The adoption of the Owners Group approved TS is part of an 
industry-wide initiative to standardize and improve the TS. Hatch Unit 
is the lead plant for adoption of the BWR Owners Group standardized TS.
    The changes in the TS can be grouped into 4 categories: non-
technical changes, more stringent requirements, relocation of 
requirements to other controlled documents, and relaxation of existing 
requirements.
    Non-technical changes are intended to make the TS easier to use for 
plant operations personnel.
    More stringent requirements are either more conservative than the 
corresponding requirements in the current TS, or are additional 
restrictions which are not in the current TS. The more stringent 
requirements provide an additional safety margin.
    Relocation of requirements involves items that are currently in the 
TS but do not meet the criteria set forth in the Commission's Policy 
Statement on Technical specification Improvement. These items may be 
removed from the TS and placed in some other controlled document. Once 
these items have been relocated, the licensee generally would be able 
to revise them under the provisions of 10 CFR 50.59 without a license 
amendment.
    The relaxation of existing requirements is based on operating 
experience. When restrictions are shown to provide little or no safety 
benefit and place a burden on the licensee, their removal from the TS 
may be justified. In most cases, relaxations have previously been 
granted to individual plants on a plant-specific basis.
    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.
    By September 19, 1994, 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 2.714 which 
is available at the Commission's Public Document Room, the Gelman 
Building, 2120 L Street, NW., Washington, DC 20555 and at the local 
public document room located at the Appling County Public Library, 301 
City Hall Drive, Baxley, Georgia 31513. If a request for a hearing or 
petition for leave to intervene is filed by the above date, the 
Commission or an Atomic Safety and Licensing Board, designated by the 
Commission or by the Chairman of the Atomic Safety and Licensing Board 
Panel, will rule on the request and/or petition; and the Secretary or 
the designated Atomic Safety and Licensing Board will issue a notice of 
hearing or an appropriate order.
    As required by 10 CAR 2.714, 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 factors: (1) The nature of the petitioner's right under the 
Act to be made a party to the proceeding; (2) the nature and extent of 
the petitioner's property, financial, or other interest in the 
proceeding; and (3) the possible effect of any order which may be 
entered in the proceeding on the petitioner's interest. The petition 
should also identify the specific aspect(s) of the subject matter of 
the proceeding as to which petitioner wishes to intervene. Any person 
who has filed a petition for leave to intervene or who has been 
admitted as a party may amend the petition without requesting leave of 
the Board up to prior to the first prehearing conference scheduled in 
the proceeding, but such an amended petition must satisfy the 
specificity requirements described above.
    Not later than 15 days prior to the first prehearing conference 
scheduled in the proceeding, a petitioner shall file a supplement to 
the petition to intervene which must include a list of the contentions 
which are sought to be litigated in the matter. Each contention must 
consist of a specific statement of the issue of law or fact to be 
raised or controverted. In addition, the petitioner shall provide a 
brief explanation of the bases of 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 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. Petitioner must provide sufficient information 
to show that a genuine dispute exists with the applicant on a material 
issue of law or fact. Contentions shall be limited to matters within 
the scope of the amendment under consideration. The contention must be 
one which, if proven, would entitle the petitioner to relief. A 
petitioner who fails to file such a supplement which satisfies these 
requirements with respect to at least one contention will not be 
permitted to participate as a party.
    Those permitted to intervene become parties to the proceeding, 
subject to any limitations in the order granting leave to intervene, 
and have the opportunity to participate fully in the conduct of the 
hearing, including the opportunity to prevent evidence and cross-
examine witnesses.
    A request for a hearing or a petition for leave to intervene must 
be filed with the Secretary of the Commission, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555, Attention: Docketing and Services 
Branch, or may be delivered to the Commission's Public Document Room, 
the Gelman Building, 2120 L Street, NW., Washington, DC 20555, by the 
above date. Where petitions are filed during the last 10 days of the 
notice period, it is requested that the petitioner promptly so inform 
the Commission by a toll-free telephone call to Western Union at 1-
(800) 248-5100 (in Missouri 1-(800) 342-6700). The Western Union 
operator should be given Datagram Indentification Number N1023 and the 
following message addressed to Herbert N. Berkow: petitioner's name and 
telephone number; date petition was mailed; plant name; and publication 
date and page number of this Federal Register notice. A copy of the 
petition should also be sent to the Office of the General Counsel, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555, and to Ernest L. 
Blake, Jr., Esquire, Shaw, Pittman, Potts and Trowbridge, 2300 N 
Street, NW., Washington, DC 20037, attorney for the licensee.
    Nontimely filings of petitions for leave to intervene, amended 
petitions, supplemental petitions and/or requests for hearing will not 
be entertained absent a determination by the Commission, the presiding 
officer or the presiding Atomic Safety and Licensing Board that the 
petition and/or request should be granted based upon a balancing of the 
factors specified in 10 CFR 2.714(a)(1)(i)-(v) and 2.714(d).
    If a request for a hearing is received, the Commission's staff may 
issue the amendment after it completes its technical review and prior 
to the completion of any required hearing if it publishes a further 
notice for public comment of its proposed finding of no significant 
hazards consideration in accordance with 10 CFR 50.91 and 50.92.
    For further details with respect to this action, see the 
application for amendment dated February 25, 1994, as supplemented on 
July 8 and August 8, 1994, which are available for public inspection at 
the Commission's Public Document Room, the Gelman Building, 2120 L 
Street, NW., Washington, DC 20555, and at the local public document 
room located at the Appling County Public Library, 301 City Hall Drive, 
Baxley, Georgia 31513.

    Dated at Rockville, Maryland, this 12th day of August 1994.

    For the Nuclear Regulatory Commission.
Leonard A. Wiens,
Acting Director, Project Directorate II-3, Division of Reactor 
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 94-20262 Filed 8-17-94; 8:45 am]
BILLING CODE 7590-01-M