[Federal Register Volume 60, Number 181 (Tuesday, September 19, 1995)]
[Notices]
[Pages 48530-48532]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23176]



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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-278]


PECO Energy Co.; Notice of Consideration of Issuance of Amendment 
to Facility Operating License, 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 Facility Operating License No. 
DPR-56, issued to PECO Energy Company, et al., (the licensee), for 
operation of the Peach Bottom Atomic Power Station, Unit 3, located in 
York County, Pennsylvania.
    The proposed amendment would delete License Condition 2.C(5) from 
Facility Operating License DPR-56 which restricts power levels to no 
less than seventy percent in the coastdown condition.
    The amendment is being proposed on a exigent basis in accordance 
with 10 CFR 50.91(a)(6). On August 29, 1995, the licensee discovered 
that it was operating at sixty-two percent power in the coastdown 
condition in violation of License Condition 2.C(5). On August 30, 1995, 
in order to avoid an unwarranted plant shutdown, the licensee requested 
enforcement condition for this violation until such time as the staff 
could process a permanent change to the facility operating license that 
would delete License Condition 2.C(5). The NRC staff authorized 
enforcement discretion verbally on August 30, 1995 and in writing on 
September 1, 1995, by letter to Mr. George Hunger, PECO Energy Company. 
The amendment is being considered on an exigent basis in order to 
minimize the length of time the licensee is operating in violation of 
License Condition 2.C(5).
    Pursuant to 10 CFR 50.91(a)(6) for amendments to be granted under 
exigent circumstances, the NRC staff must determine that the amendment 
request involves no significant hazards consideration. Under the 
Commission's regulations in 10 CFR 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. The proposed change does not involve a significant increase 
in the probability or consequences of any accident previously 
evaluated.
    Deletion of License Condition 2.C(5) is an administrative change 
that will not involve a significant increase in the probability or 
consequences of any accident previously evaluated. This license 
condition is more appropriately controlled by other licensing bases 
documents, which include the NRC approved GESTAR II analyses and the 
cycle specific reload licensing reports, and should not be part of 
the FOL. Accidentally, this FOL change will not alter any safety 
limits which ensure the integrity of fuel barriers, and will not 
result in any increase to onsite or offsite dose.
    No physical changes are being made to the plant, nor are there 
any changes being made in the operation of the plant as a result of 
this change which could involve a significant increase in the 
probability or consequences of any accident previously evaluated. 
Additionally, this change will not alter the operation of equipment 
assumed to be available for the mitigation of accidents or 
transients.
    2. The proposed change does not create the possibility of a new 
or different kind of accident from any previously evaluated.
    Deletion of License Condition 2.C(5) is an administrative change 
that will not create the possibility of a new or different type of 
accident from any previously evaluated. Deletion of License 
Condition 2.C(5) is an administrative change that will not involve 
any changes to plant systems, structures or components (SCCs) which 
could act as new accident initiators. This change will not impact 
the manner in which SSCs are tested such that a new or different 
type of accident from any previously evaluated could be created.
    3. The proposed change does not result in a significant 
reduction in the margin of safety.
    No margins of safety are reduced as a result of the proposed 
deletion of License Condition 2.C(5). No safety limits will be 
changed as a result of this change. The proposed change does not 
involve a reduction in the margin of safety because this change is 
an administrative change which will not impact core limits or any 
other parameters that are used in the mitigation of a UFSAR design 
basis accident or transient. The change to the FOL does not 
introduce any hardware changes, and will not alter the intended 
operation of plant structures, systems or components utilized in the 
mitigation of UFSAR design basis accidents or transients. 
Additionally, this change will not introduce any new failure modes 
of plant equipment not previously evaluated.

    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 15 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 the 15-day notice period. However, should circumstances 
change during the notice period, such that failure to act in a timely 
way would result, for example, in derating or shutdown of the facility, 
the Commission may issue the license amendment before the expiration of 
the 15-day notice period, provided that its final determination is that 
the amendment involves no significant hazards consideration. The final 
determination will consider all public and State comments received. 
Should the Commission take this action, it will publish in the Federal 
Register a notice of issuance. The Commission expects that the need to 
take this action will occur very infrequently.
    Written comments may be submitted by mail to the Rules Review and 
Directives Branch, Division of Freedom of Information and Publications 
Services, Office of Administration, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555, and should cite the publication date and page 
number of 

[[Page 48531]]
this Federal Register notice. Written comments may also be delivered to 
Room 6D22, Two White Flint North, 11545 Rockville Pike, Rockville, 
Maryland, from 7:30 a.m. to 4:15 p.m. Federal workdays. Copies of 
written comments received may be examined at the NRC Public Document 
Room, the Gelman Building, 2120 L Street NW., Washington, DC.
    The filing of requests for hearing and petitions for leave to 
intervene is discussed below.
    By October 18, 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 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 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.
    If the amendment is issued before the expiration of the 30-day 
hearing period, the Commission will make a final determination on the 
issue of no significant hazards consideration. If a hearing is 
requested, 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.
    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).
    For further details with respect to this action, see letter dated 
August 30, 1995, and the application for amendment dated September 1, 
1995, 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 
Commonwealth Avenue, Box 1601, Harrisburg, Pennsylvania 17105.

    Dated at Rockville, MD, this 13th day of September 1995.


[[Page 48532]]

    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. 95-23176 Filed 9-18-95; 8:45 am]
BILLING CODE 7590-01-P