[Federal Register Volume 59, Number 185 (Monday, September 26, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23757]


[[Page Unknown]]

[Federal Register: September 26, 1994]


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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-352 and 50-353]

 

Philadelphia Electric Company; Consideration of Issuance of 
Amendment to Facility Operating License and Opportunity for a Hearing

    The U.S. Nuclear Regulatory Commission (the Commission) is 
considering issuance of amendments to Facility Operating License Nos. 
NFP-39 and NPF-85, issued to Philadelphia Electric Company (the 
licensee), for operation of the Limerick Generating Station, Units 1 
and 2, located in Montgomery County, Pennsylvania.
    The proposed amendment would revise the Technical Specifications to 
permit an increase in the allowable leak rate for the main steam 
isolation valves (MSIVs), and delete the MSIV Leakage Control System 
(LCS). The main steam drain lines and the main condenser would be 
utilized as an alternate MSIV leakage treatment system.
    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 October 26, 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 Pottstown Public Library, 500 High 
Street, Pottstown, Pennsylvania 19464. 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 CFR 2.714, a petition for leave to intervene 
shall set forth with particularly 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 15 days 
prior to the first prehearing conference scheduled in the proceeding, 
but such an amended petition must satisfy the specifically 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 specifics 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 present 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 of Western Union at 1-
(800) 248-5100 (in Missouri 1-(800) 342-6700). The Western Union 
operator should be given Datagram Identification Number N1023 and the 
following message addressed to Mohan C. Thadani, Acting Project 
Director: 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 J.W. Durham, Sr., Esquire, Sr. V.P. and 
General Counsel, Philadelphia Electric Company, 2301 Market Street, 
Philadelphia, Pennsylvania 19101, 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 future 
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 January 14, 1994, which is 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 Pottstown Public Library, 500 
High Street, Pottstown, Pennsylvania 19464.

    Dated at Rockville, Maryland, this 20th day of September 1994.

    For the Nuclear Regulatory Commission.
Mohan C. Thadani,
Acting Director, Project Directorate I-2, Division of Reactor 
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 94-23757 Filed 9-23-94; 8:45 am]
BILLING CODE 7590-01-M