[Federal Register Volume 62, Number 34 (Thursday, February 20, 1997)]
[Notices]
[Pages 7804-7806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4177]


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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, 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 License Nos. 
NPF-37, NPF-66, NPF-72, and NPF-77 issued to Commonwealth Edison for 
operation of the 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 relocate certain cycle-specific 
parameter limits from the Technical Specifications to the Operating 
Limits Report (ORL).
    Before issuance of the proposed license amendments, the Commission 
will have made findings as 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 
amendments requested 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. The proposed Technical Specification changes do not involve a 
significant increase in the probability or consequences of an 
accident previously evaluated.
    The relocation of the cycle-specific core operating limits from 
the Technical Specifications has no influence or impact on the 
probability or consequences of any accident previously evaluated. 
The Technical Specifications will continue to require operation 
within the analyzed core operating limits and the appropriate 
actions will be taken if the limits are exceeded. The cycle specific 
limits within the OLR will be implemented and controlled by plant 
procedures. Any needed revisions of the limit values in the OLR will 
be performed based on NRC approved methodology as delineated in TS 
6.9.1.9. Each accident analysis addressed in the Byron and Braidwood 
Updated Final Safety Analysis Report (UFSAR) will be examined with 
respect to changes in cycle dependent parameters. These parameters 
are obtained from the application of NRC approved reload design 
methodologies, to ensure that the transient evaluation of new 
reloads are bounded by previously accepted analysis. This 
examination, which will be performed under the requirements of 10 
CFR 50.59 process, ensures that future reloads will not involve a 
significant increase in the probability or consequences of an 
accident previously evaluated.
    Therefore, the proposed changes do not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    2. The proposed changes do not create the possibility of a new 
or different kind of accident from any accident previously 
evaluated.
    The relocation of the cycle specific variables has no influence 
or impact, nor does it contribute in any way to the probability or 
consequences of any new or different kind of accident. No safety 
related equipment, safety function or plant operations will be 
altered as a result of this proposed change. The cycle specific 
variables are calculated using NRC approved methods and submitted to 
the NRC for their review to allow the Staff to continue to trend the 
values of these limits. The Technical Specifications will continue 
to require operation within the analyzed core operating limits and 
appropriate actions will be taken, when, or if, the limits are 
exceeded.
    Therefore, the proposed changes do not in any way create the 
possibility of a new or different kind of accident from any accident 
previously evaluated.
    3. The proposed change does not involve a significant reduction 
in a margin of safety for the following reasons:
    The margin of safety is not affected by the relocation of cycle 
specific core operating limits from the Technical Specifications. 
The margin of safety presently provided by current Technical 
Specifications remains unchanged. Appropriate measures exist to 
control the values of these cycle specific limits. The proposed 
amendment continues to require operation within the core limits as 
obtained from the NRC approved reload design and safety analysis 
methodologies. Appropriate actions are required to be taken, when, 
or if, these limits are exceeded.
    The development of the limits for future reloads will continue 
to conform to those methods described in the NRC approved 
documentation. In addition, each future reload will involve a 10 CFR 
50.59 safety review to assure that operation of the Byron and 
Braidwood units within the cycle specific limits will not involve a 
reduction in

[[Page 7805]]

the margin of safety as defined in the basis for any Technical 
Specification.
    Therefore, the proposed changes do not impact operation of the 
plant in a manner that involves 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 
amendments requested involve 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 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 March 24, 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 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: 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 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 requested involve 
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 requested involve 
a significant hazards consideration, any hearing held would take place 
before the issuance of any 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 20555-0001, 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

[[Page 7806]]

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 amendments dated December 21, 1995, as supplemented on 
October 24, 1996, 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 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 13th day of February 1997.

    For the Nuclear Regulatory Commission.
George F. Dick, Jr.,
Project Manager, Project Directorate III-2, Division of Reactor 
Projects--III/IV Office of Nuclear Reactor Regulation.
[FR Doc. 97-4177 Filed 2-19-97; 8:45 am]
BILLING CODE 7590-01-P