[Federal Register Volume 61, Number 7 (Wednesday, January 10, 1996)]
[Notices]
[Pages 734-735]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-349]



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NUCLEAR REGULATORY COMMISSION

Georgia Power Company, et al.; Vogtle Electric Generating Plant, 
Units 1 and 2 Notice of Consideration of Issuance of Amendments to 
Facility Operating Licenses and Opportunity for a Hearing

[Docket Nos. 50-424 and 50-425]
    The U.S. Nuclear Regulatory Commission (the Commission) is 
considering issuance of amendments to Facility Operating License Nos. 
NPF-68 and NPF-84, issued to the Georgia Power Company, et al. (the 
licensee), for operation of the Vogtle Electric Generating Plant (VEGP, 
Vogtle), Units 1 and 2, located at the licensee's site in Burke County, 
Georgia.
    The proposed amendments were initially requested by the licensee in 
a letter dated May 1, 1995, and a notice of the Commission's 
consideration of the licensee's proposal was published in the Federal 
Register on September 7, 1995 (60 FR 46633). On September 26, 1995, the 
Commission published a revision to 10 CFR Part 50, Appendix J (60 FR 
49505), which became effective October 26, 1995. The licensee 
supplemented the initial May 1, 1995, application by letters dated 
August 3 and 9, September 20, November 22, and December 21, 1995. The 
December 21, 1995, letter included information that is outside the 
scope of the initial application in that it includes a proposal to 
adopt certain provisions of the revised 10 CFR Part 50, Appendix J, 
that was published subsequent to the initial Federal Register notice.
    As stated in the initial Federal Register notice, the proposed 
amendments would represent a full conversion from the current Technical 
Specifications (TS) to a set of TS based on NUREG-1431, ``Standard 
Technical Specifications, Westinghouse Plants,'' Revision 1, dated 
April 1995. NUREG-1431 was developed through working groups composed of 
NRC staff members and industry representatives and has been endorsed by 
the staff as part of an industry-wide initiative to standardize and 
improve the TS. As part of this submittal, the licensee has applied the 
criteria contained in the Commission's Final Policy Statement on 
Technical Specification Improvements for Nuclear Power Reactors of July 
22, 1993, to the current Vogtle TS, and, using NUREG-1431 as a basis, 
developed a proposed set of improved TS for Vogtle. The criteria in the 
Final Policy Statement were subsequently added to 10 CFR 50.36, 
``Technical Specifications,'' in a rule change which became effective 
on August 18, 1995 (60 FR 36953).
    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. The licensee's decision to adopt certain 
provisions of the revised 10 CFR Part 50, Appendix J, is considered a 
less restrictive change. Less restrictive changes are those where 
current requirements are relaxed or eliminated, or new flexibility is 
provided. The more significant ``less restrictive'' requirements are 
justified on a case-by-case basis. When requirements have been shown to 
provide little or no safety benefit, their removal from the TS may be 
appropriate. In most cases, relaxations previously granted to 
individual plants on a plant-specific basis were the result of (a) 
generic NRC actions, (b) new NRC staff positions that have evolved from 
technological advancements and operating experience, or (c) resolution 
of the Owners Groups' comments on the improved Standard Technical 
Specifications. Generic relaxations contained in NUREG-1431 were 
reviewed by the staff and found to be acceptable because they are 
consistent with current licensing practices and NRC regulations. The 
licensee's design was reviewed to determine if the specific design 
basis and licensing basis are consistent with the technical basis for 
the model requirements in NUREG-1431 and thus provides a basis for 
these revised TS. These less restrictive changes to the requirements of 
the current TS do not result in operations that will alter assumptions 
relative to mitigation of an analyzed accident or transient event.
    The licensee's proposal would adopt Option B of 10 CFR Part 50, 
Appendix J, as part of the implementation of the improved standard TS. 
The proposal adds a specific reference to Regulatory Guide (RG) 1.163, 
``Performance-Based Containment Leak-Test Program'' in the 
Administrative Controls section of the Vogtle TS. No exceptions to the 
RG, nor the documents which are endorsed by the RG, are being 
requested. The licensee does not propose to deviate from the methods 
approved by the Commission and endorsed in the RG. The amendment 
proposes that a detailed performance-based leakage-test program will be 
available for NRC inspection upon implementation of the new TS.
    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.
    By February 9, 1996, the licensee may file a request for a hearing 
with respect 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 Burke County Library, 412 Fourth Street, 
Waynesboro, Georgia. 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 

[[Page 735]]
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.
    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 Herbert N. Berkow, Director, Project Directorate 
II-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 Ernest L. Blake, Jr, Esquire, Shaw, 
Pittman, Potts, and 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).
    If a request for a hearing is received, the Commission's staff may 
issue the amendments 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 amendments dated May 1, 1995, as supplemented by 
letters dated August 3 and 9, September 22, November 20, and December 
21, 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 
Burke County Library, 412 Fourth Street, Waynesboro, Georgia.

    Dated at Rockville, Maryland, this 4th day of January 1996.

    For the Nuclear Regulatory Commission.
L.A. Wiens,
Acting Director, Project Directorate II-2, Division of Reactor 
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 96-349 Filed 1-9-96; 8:45 am]
BILLING CODE 7590-01-P