[Federal Register Volume 62, Number 27 (Monday, February 10, 1997)]
[Notices]
[Pages 6016-6017]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3180]


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NUCLEAR REGULATORY COMMISSION
[Docket Nos. STN 50-454, STN 50-455, STN 50-456 and STN 50-457]


Commonwealth Edison Company; Notice of Consideration of Issuance 
of Amendments to Facility Operating Licenses and Opportunity for a 
Hearing

    The U.S. Nuclear Regulatory Commission (the Commission) is 
considering the issuance of amendments to Facility Operating License 
Nos. NPF-37, NPF-66, NPF-72 and NPF-77, issued to Commonwealth Edison 
Company (ComEd, the licensee) for operation of Byron Station, Units 1 
and 2, located in Ogle County, Illinois and Braidwood Station, Units 1 
and 2, located in Will County, Illinois.
    The proposed amendments would revise the technical specifications 
(TS) to allow ComEd to take credit, on a temporary basis, for soluble 
boron in the spent fuel storage water in maintaining an acceptable 
margin of subcriticality.
    Before issuance of the proposed license amendments, the Commission 
will have made findings required by the

[[Page 6017]]

Atomic Energy Act of 1954, as amended (the Act) and the Commission's 
regulations.
    By March 12, 1997, 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 petitions 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 rooms located at: for Byron, the Byron Public Library 
District, 109 N. Franklin, P.O. Box 434, Byron, Illinois 61010; for 
Braidwood, the Wilmington Public Library, 201 S. Kankakee Street, 
Wilmington, Illinois 60481. 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 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.
    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 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).
    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 November 5, 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 rooms located at: for Byron, the Byron Public Library 
District, 109 N. Franklin, P.O. Box 434, Byron, Illinois 61010; for 
Braidwood, the Wilmington Public Library, 201 S. Kankakee Street, 
Wilmington, Illinois 60481.

    Dated at Rockville, Maryland, this 4th day of February 1997.

    For the Nuclear Regulatory Commission.
Robert A. Capra,
Director, Project Directorate III-2, Division of Reactor Projects--III/
IV, Office of Nuclear Reactor Regulation.
[FR Doc. 97-3180 Filed 2-7-97; 8:45 am]
BILLING CODE 7590-01-P