[Federal Register Volume 61, Number 170 (Friday, August 30, 1996)]
[Notices]
[Pages 45997-45999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22343]


-----------------------------------------------------------------------

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


Peco Energy Company; 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 Nos. 
DPR-44 and DPR-56 issued to PECO Energy Company (the licensee) for 
operation of the Peach Bottom Atomic Power Station (PBAPS), Units 2 and 
3, located in York County, Pennsylvania.
    The proposed amendment would revise the safety limit minimum 
critical power ratios (SLMCPRs) to support use of GE-13 fuel at PBAPS, 
Units 2 and 3.
    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:


    (1) The proposed TS [technical specification] changes do not 
involve a significant increase in the probability or consequences of 
an accident previously evaluated.
    The derivation of the cycle-specific SLMCPRs for incorporation 
into the TS, and its use to determine cycle-specific thermal limits, 
have been performed using USNRC [U.S. Nuclear Regulatory 
Commission]-approved methods as discussed in ``General Electric 
Standard Application for Reactor Fuel,'' NEDE-24011-P-A-11, and U.S. 
Supplement, NEDE-24011-P-A-11-US, November 17, 1995 and interim 
(reconfirmation) implementing procedures. This change in SLMCPRs 
cannot increase the probability or severity of an accident.
    The basis of the SLMCPRs calculation is to ensure that greater 
than 99.9% of all fuel rods in the core avoid boiling transition if 
the limit is not violated. The new SLMCPRs preserve the existing 
margin to transition boiling and fuel damage in the event of a 
postulated accident. The fuel licensing acceptance criteria for the 
SLMCPR calculation apply to PBAPS, Unit 2, Cycle 12 in the same 
manner as they have applied previously. The probability of fuel 
damage is not increased. Therefore, the proposed TS changes do not 
involve an increase in the probability or consequences of an 
accident previously evaluated.
    (2) The proposed TS changes do not create the possibility of a 
new or different kind of accident from any accident previously 
evaluated. The SLMCPR is a TS numerical value, designed to ensure 
that transition boiling does not occur in 99.9% of all fuel rods in 
the core during the limiting postulated accident. It cannot create 
the possibility of any new type of accident. The new SLMCPRs are 
calculated using USNRC-approved methods (``General Electric Standard 
Application for Reactor Fuel,'' NEDE-24011-P-A-11, and U.S. 
Supplement, NEDE-24011-P-A-11-US, November 17, 1995) and interim 
(reconfirmation) implementing procedures.
    (3) The proposed TS changes do not involve a significant 
reduction in a margin of safety.
    The margin of safety as defined in the TS Bases will remain the 
same. The new SLMCPRs are calculated using USNRC-approved methods 
(``General Electric Standard Application for Reactor Fuel,'' NEDE-
24011-P-A-11, and U.S. Supplement, NEDE-24011-P-A-11-US, November 
17, 1996) and interim (reconfirmation) implementing procedures which 
are in accordance with the current fuel licensing criteria.
    The SLMCPRs remain sufficient to ensure that greater than 99.9% 
of all fuel rods in the core will avoid boiling transition if the 
limit is not violated, thereby preserving the fuel cladding 
integrity. Therefore, the proposed TS changes do not involve a 
reduction in a margin of safety.

    The NRC staff has reviewed the licensee's analysis and, based on 
this

[[Page 45998]]

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 30, 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 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 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 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

[[Page 45999]]

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 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 the 
application for amendment dated March 25, 1996, as supplemented by 
letter dated August 23, 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 Government Publications Section, State Library of 
Pennsylvania, (Regional Depository) Education Building, Walnut Street 
and Commonwealth Avenue, Box 1601, Harrisburg, Pennsylvania 17105.

    Dated at Rockville, Maryland, this 27th day of August 1996.

    For the Nuclear Regulatory Commission.
Joseph W. Shea,
Project Manager, Project Directorate I-2 Division of Reactor Projects--
I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 96-22343 Filed 8-29-96; 8:45 am]
BILLING CODE 7590-01-P