[Federal Register Volume 59, Number 239 (Wednesday, December 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30697]


[[Page Unknown]]

[Federal Register: December 14, 1994]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-277 and 50-278]

 

Philadelphia Electric Company; Delmarva Power and Light Company; 
Atlantic City Electric Company; Peach Bottom Atomic Power Station, 
Units 2 and 3; Notice of 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 an amendment to Facility Operating License Nos. 
DPR-44 and DPR-56, issued to the Philadelphia Electric Company (PECO, 
the licensee), for operation of the Peach Bottom Atomic Power Station, 
Units 2 and 3 (Peach Bottom, PBAPS), located in York County, 
Pennsylvania.
    The proposed amendment, requested by the licensee in a letter dated 
September 29, 1994, would represent a full conversion from the current 
Technical Specifications (TS) to a set of TS based on NUREG-1433, 
``Standard Technical Specifications, General Electric Plants, BWR/4,'' 
Revision O, September 1992. NUREG-1433 has been developed through 
working groups composed of both NRC staff members and the BWR-4 owners 
and has been endorsed by the staff as part of an industry-wide 
initiative to standardize and improve TS. As part of this submittal, 
the licensee has applied the criteria contained in the Final NRC Policy 
Statement on Technical Specification Improvements of July 22, 1993 to 
the current Peach Bottom Technical Specifications, and, using NUREG-
1433 as a basis, developed a proposed set of improved TS for BPAPS.
    The licensee has categorized the proposed changes to the existing 
TS into four general groupings. These groupings are characterized as 
administrative changes, relocated changes, more restrictive changes, 
and less restrictive changes.
    Administrative changes are those that involve restructuring, 
interpretation and complex rearranging of requirements and other 
changes not substantially revising an existing requirement. The 
reformatting, renumbering and rewording process reflects the attributes 
of NUREG-1433 and do not involve technical changes to the existing TS. 
Such changes are administrative in nature and do not impact initiators 
of analyzed events or assumed mitigation of accident or transient 
events.
    Relocated changes are those involving relocation of requirements 
and surveillances for structures, systems, components or variables that 
do not meet the criteria of inclusion in TS. The licensees application 
of the screening criteria is described in that portion of their 
September 29, 1994 application titled ``Application of Selection 
Criteria to the Peach Bottom Atomic Power Station TS.'' The affected 
structures, systems, components or variables are not assumed to be 
initiators of analyzed events and are not assumed to mitigate accident 
or transient events. The requirements and surveillances for these 
affected structures, systems, components or variables will be relocated 
from the TS to administratively controlled documents. Changes made to 
these documents will be made pursuant to 10 CFR 50.59. In addition, the 
affected structures, systems, components or variables are addressed in 
existing surveillance procedures which are also subject to 10 CFR 50.59 
and subject to the change control provision in the Administrative 
Controls section of the TS. These proposed changes will not impose or 
eliminate any requirements.
    More restrictive changes are those involving more stringent 
requirements for operation of the facility. These more stringent 
requirements do not result in operation that will alter assumptions 
relative to mitigation of an accident or transient event. The more 
restrictive requirements will not alter the operation of process 
variables, structures, systems and components described in the safety 
analyses.
    Less restrictive changes are those where existing requirements are 
relaxed or eliminated, or new flexibility is provided.
    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 January 13, 1995, 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 petitions 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, and at the local public 
document room located at the State Library of Pennsylvania, (Regional 
Depository) Government Publications Section, Education Building, Walnut 
Street and Commonwealth Avenue, Box 1601, Harrisburg, Pennsylvania 
17105. 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 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 15 days 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 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, 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 Identification Number N1023 and the following 
message addressed to John F. Stolz, Director, Project Directorate I-2: 
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 James W. Durham, Senior Vice President and General 
Counsel, PECO Energy Company, 2301 Market Street, Philadelphia, 
Pennsylvania 19101, attorney for the licensee.
    Nontimely filing 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 considerations in accordance with 10 CFR 50.91 and 50.92.
    For further details with respect to this action, see the 
application for amendment dated September 29, 1994, which is available 
for public inspection at the Commission's Public Document Room, the 
Gelman Building, 2120 L Street, NW., Washington, DC, and at the local 
public document room located at the State Library of Pennsylvania, 
(Regional Depository) Government Publications Section, Education 
Building, Walnut Street and Commonwealth Avenue, Box 1601, Harrisburg, 
Pennsylvania 17105.

    Dated at Rockville, Maryland, this 7th day of December 1994.

    For the Nuclear Regulatory Commission.
David H. Moran,
Acting Director, Project Directorate I-2, Division of Reactor 
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 94-30697 Filed 12-13-94; 8:45 am]
BILLING CODE 7590-01-M