[Federal Register Volume 60, Number 184 (Friday, September 22, 1995)]
[Notices]
[Pages 49292-49293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23540]



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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-334 and 50-412]

Duquesne Light Company, Ohio Edison Company, Pennsylvania Power 
Company, the Cleveland Electric Illuminating Company, the Toledo Edison 
Company Beaver Valley Power Station, Unit Nos. 1 and 2; Notice of 
Consideration of Issuance of Amendments to Facility Operating Licenses, 
Proposed No Significant Hazards Consideration Determination, and 
Opportunity for a Hearing

    The U.S. Nuclear Regulatory Commission (the Commission) is 
considering issuance of amendments to Facility Operating Licenses Nos. 
DPR-66 and NPF-73 Duquesne Light Company, et al. (the licensee) for 
operation of Beaver Valley Power Station, Unit Nos. 1 and 2 (BVPS-1 and 
BVPS-2), located in Beaver County, Pennsylvania.
    The proposed amendments would revise the Administrative Controls 
section and the Bases section of the BVPS-1 and BVPS-2 technical 
specifications to be consistent with the requirements of the Offsite 
Dose Calculation Manual (ODCM). The ODCM was recently updated to 
reflect the radioactive liquid and gaseous effluent release limits and 
the liquid holdup tank activity limit of BVPS-1 License Amendment No. 
188 and BVPS-2 License Amendment No. 70 which were issued June 12, 
1995.
    Before issuance of the proposed license amendments, the Commission 
will have made findings required by the Atomic Energy Act of 1954, as 
amended (the Act) and the Commission's regulations.
    The Commission has made a proposed determination that the amendment 
requests involve 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 amendments 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. Does the change involve a significant increase in the 
probability or consequences of an accident previously evaluated.
    The likelihood that an accident will occur is neither increased 
or decreased by this proposed technical specification change which 
modifies the liquid and gaseous effluent release limits and the 
Liquid Holdup Tank activity limit. This technical specification 
change will not impact the function or method of operation of plant 
equipment. Thus, there is no significant increase in the probability 
of a previously analyzed accident due to this change. No systems, 
equipment, or components are affected by the proposed change. Thus, 
the consequences of a malfunction of equipment important to safety 
previously evaluated in the Updated Final Safety Analysis Report are 
not increased by this change.
    The proposed change affects the liquid and gaseous effluent 
release limits and Liquid Holdup Tank activity limit. As such, the 
proposed change has no impact on accident initiators or plant 
equipment, and therefore, does not affect the probabilities or 
consequences of an accident.
    Therefore, the proposed change will not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    2. Does the change create the possibility of a new or different 
kind of accident from any accident previously evaluated?
    The proposed technical specification revisions do not involve 
changes to the physical plant or operation of equipment considered 
as a potential accident initiator or equipment necessary to mitigate 
the consequences of an accident. The new Beaver Valley Power 
Station-Emergency Action Levels do use multiples of Offsite Dose 
Calculation Manual liquid release criteria for initiation of an 
unusual event or alert. However, there are no protective actions 
required when reaching either the unusual event or alert levels. The 
protective actions are performed when Environmental Protection 
Agency Drinking Water Standards are met or exceeded. Since 
limitations on concentrations of radioactive material released in 
liquid and gaseous effluents to unrestricted areas does not 
contribute to accident initiation, a change related to the 
requirement cannot produce a new accident scenario or produce a new 
type of equipment malfunction, as such, this change does not alter 
any existing accident scenarios.
    Therefore, the proposed change does not create the possibility 
of a new or different kind of accident from any accident previously 
evaluated.
    3. Does the change involve a significant reduction in a margin 
of safety?
    The proposed change concerns the liquid and gaseous effluent 
release limits and Liquid Holdup Tank activity limit and does not 
directly affect plant equipment or operation related to design basis 
accident prevention or mitigation. Safety limits and limiting safety 
system settings are not affected by this proposed change.
    Therefore, use of the proposed technical specification would not 
involve a significant reduction in the margin of safety.

    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 30 days after the date of 
publication of this notice will be considered in making any final 
determination.
    Normally, the Commission will not issue the amendments until the 
expiration of the 30-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 amendments before the expiration 
of the 30-day notice period, provided that its final determination is 
that the amendments involve 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 and provide for opportunity 
for a hearing after 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 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 23, 1995, the licensee may file a request for a hearing 
with respect 

[[Page 49293]]
to issuance of the amendments to the subject facility operating 
licenses 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 B. F. Jones Memorial Library, 663 Franklin 
Avenue, Aliquippa, Pennsylvania 15001. 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 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 amendments 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 a hearing is requested, the Commission will make a final 
determination on the issue of no significant hazards consideration. The 
final determination will serve to decide when the hearing is held.
    If the final determination is that the amendments request involves 
no significant hazards consideration, the Commission may issue the 
amendments and make them immediately effective, notwithstanding the 
request for a hearing. Any hearing held would take place after issuance 
of the amendments.
    If the final determination is that the amendments request involves 
a significant hazards consideration, any hearing held would take place 
before the issuance of the amendments.
    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 Jay E. Silberg, Esquire, Shaw, Pittman, Potts & 
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).
    For further details with respect to this action, see the 
application for amendment dated September 13, 1995, 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 B. F. Jones Memorial Library, 663 
Franklin Avenue, Aliquippa, Pennsylvania 15001.

    Dated at Rockville, Maryland, this 19th day of September 1995.

    For the Nuclear Regulatory Commission.
Donald S. Brinkman,
Senior Project Manager Project Directorate I-2, Division of Reactor 
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 95-23540 Filed 9-21- 95; 8:45 am]
BILLING CODE 7590-01-P