[Federal Register Volume 61, Number 164 (Thursday, August 22, 1996)]
[Notices]
[Pages 43391-43393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-21403]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-237 and 50-249]


Commonwealth Edison Company; Notice of Consideration of Issuance 
of Amendment 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 an amendment to Facility Operating License Nos. 
DPR-19 and DPR-25 issued to Commonwealth Edison Company (the licensee) 
for operation of the Dresden Nuclear Power Station, Units 2 and 3, 
respectively, located in Grundy County, Illinois.
    The proposed amendment would delay the implementation of an 
amendment issued on June 28, 1996. The implementation of the June 28, 
1996, license amendment was scheduled to take place 90 days after 
issuance of the amendment, prior to September 26, 1996. The amendment 
was the last in a series of amendments issued as part of the licensee's 
Technical Specification Upgrade Program (TSUP). Both Dresden units have 
been in forced maintenance outages and, as a result, the licensee has 
not been able to implement all of the Technical Specifications 
associated with the TSUP program.
    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.
    The Commission has made a proposed determination 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:

    The proposed schedule changes do not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated because:
    In general, the Technical Specification provisions approved 
under TSUP represent the conversion of current requirements to a 
more generic format, or the addition of requirements which are based 
on the current safety analysis. The delay of implementation of TSUP 
will result in delay in the incorporation of provisions that provide 
increased reliability of equipment assumed to operate in the current 
safety analysis, or provide continued assurance that specified 
parameters remain within their acceptance limits. A deferral in the 
implementation of the TSUP will not result in alteration of the 
precursors associated with the transients and accidents that the 
current technical specifications and TSUP are based on. Therefore, 
the deferral of TSUP implementation does not significantly increase 
the probability or consequences of a previously evaluated accident.
    Create the possibility of a new or different kind of accident 
from any previously evaluated because:
    In general, the Technical Specification provisions approved 
under TSUP represent the conversion of current requirements to a 
more generic format, or the addition of requirements which are based 
on the current safety analysis. TSUP provisions also represent minor 
curtailments of the current requirements which are based on generic 
guidance or previously approved provisions for other licensees. The 
changes to the Technical Specification approved under TSUP have not 
required design changes to the plant nor will the deferral of TSUP 
result in the creation of any design changes to Dresden Station. No 
new modes of equipment operation are introduced by the deferral of 
TSUP implementation. The deferral of TSUP implementation will 
maintain at least the present level of operability.
    Therefore, the proposed changes do not create the possibility of 
a new or different kind of accident from any previously evaluated.
    Involve a significant reduction in the margin of safety because:
    Some individual changes under TSUP included the adoption of new 
requirements which will provide enhancement of the

[[Page 43392]]

reliability of the equipment assumed to operate in the safety 
analysis, or provide enhanced assurance that specified parameters 
remain with their acceptance limits. The deferral of TSUP 
implementation will result in delay of realization of the addition 
of the enhanced provisions, but in no way creates an inadequacy of 
the current Technical Specifications to maintain the existing margin 
of safety. The margin of safety in the current Technical 
Specifications is adequate and is not reduced by the deferral of 
TSUP.

    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 amendment 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 amendment before the expiration of 
the 30-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 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 Chief, Rules 
Review and Directives Branch, Division of Freedom of Information and 
Publications Services, Office of Administration, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, 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 September 23, 1996, 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 Morris Area Public Library District, 604 
Liberty Street, Morris, Illinois 60450. 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 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 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 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 20555-0001, 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

[[Page 43393]]

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 Robert A. Capra: 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 20555-0001, and to 
Michael I. Miller, Esquire; Sidley and Austin, One First National 
Plaza, Chicago, Illinois 60603, 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 August 16, 1996, 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 Morris Area Public Library District, 604 
Liberty Street, Morris, Illinois 60450.

    Dated at Rockville, Maryland, this 19th day of August 1996.
    For the Nuclear Regulatory Commission.
Robert M. Pulsifer,
Project Manager, Project Directorate III-2 Division of Reactor 
Projects--III/IV Office of Nuclear Reactor Regulation.
[FR Doc. 96-21403 Filed 8-21-96; 8:45 am]
BILLING CODE 7590-01-P