[Federal Register Volume 60, Number 109 (Wednesday, June 7, 1995)]
[Notices]
[Pages 30120-30122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13974]



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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-277 and 50-278]


PECO Energy Company; 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 PECO Energy Company (the licensee) for 
operation of the Peach Bottom Atomic Power Station, Units 2 and 3, 
located at York County, Pennsylvania.
    The proposed amendment would revise the technical specification 
(TS) limiting condition for operation (LCO) for the Peach Bottom 
emergency diesel generators (EDGs). The LCOs will be revised to allow a 
single EDG to be out of service for a period of 30 days 
[[Page 30121]] provided a recently installed tie-line from the 
Conowingo Hydroelectric Station is operable. The allowed out of service 
time (AOT) for a single EDG will revert to the existing 7 day AOT if 
the Conowingo line is inoperable. The LCO will also be modified to 
address instances where either the Conowingo line or an EDG become 
inoperable if the other is already inoperable. The proposed amendment 
will add a TS reporting requirement if the Conowingo line is inoperable 
for 15 days. The proposed amendment will also add a surveillance 
requirement to verify the operability of the Conowingo line once per 
month.
    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 July 7, 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 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, and at the local public 
document room located at the Government Publications Section, State 
Library of Pennsylvania, (Regional Depository) 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 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 
schedule 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 reply 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 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: 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, PECO Energy 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 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 April 7, 1994, as supplemented by 
letters dated June 2, and September 6, 1994, which are 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 Government Publications Section, State 
Library of Pennsylvania, (REGIONAL DEPOSITORY) Education Building, 
Walnut Street and the Commonwealth Avenue, Box 1601, Harrisburg, 
Pennsylvania 17105.

    Dated at Rockville, Maryland, this 31st day of May, 1995.

    [[Page 30122]] For the Nuclear Regulatory Commission.
John F. Stolz,
Director, Project Directorate I-2, Division of Reactor Projects--I/II, 
Office of Nuclear Reactor Regulation.
[FR Doc. 95-13974 Filed 6-6-95; 8:45 am]
BILLING CODE 7590-01-M