[Federal Register Volume 65, Number 168 (Tuesday, August 29, 2000)]
[Notices]
[Pages 52449-52451]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-22030]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-334 and 50-412]


Pennsylvania Power Company, Ohio Edison Company, The Cleveland 
Electric Illuminating Company, The Toledo Edison Company, Firstenergy 
Nuclear Operating Company, Beaver Valley Power Station, Unit Nos. 1 and 
2; 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-66 and NPF-73 issued to FirstEnergy Nuclear Operating Company (the 
licensee) for operation of the Beaver Valley Power Station, Unit Nos. 1 
and 2 (BVPS-1 and 2), located in Beaver County, Pennsylvania.

[[Page 52450]]

    This notice supersedes the notice published on November 17, 1999 
(64 FR 62710) in its entirety.
    The proposed amendment would revise the standard to which the 
control room ventilation charcoal and Supplementary Leak Collection and 
Release System (SLCRS) charcoal must be laboratory tested as specified 
in: BVPS-1 Technical Specification (TS) 4.7.7.1.1.c.2 for the Control 
Room Emergency Habitability Systems; BVPS-1 TS 4.7.8.1.b.3 for the 
SLCRS; BVPS-2 TS 4.7.7.1.d for the Control Room Emergency Air Cleanup 
and Pressurization System; and BVPS-2 TS 4.7.8.1.b.3 for the SLCRS. NRC 
Generic Letter 99-02, ``Laboratory Testing of Nuclear-Grade Activated 
Charcoal,'' dated June 3, 1999, requested licensees to revise their TS 
criteria associated with laboratory testing of ventilation charcoal to 
a valid test protocol, which included American Society for Testing and 
Materials (ASTM) D3803-1989. This license amendment request revises the 
charcoal laboratory standard to follow ASTM D3803-1989 for each BVPS 
Unit. This license amendment request also: (1) Revises the minimum 
amount of output in kilowatts needed for the control room emergency 
ventilation system heaters at each BVPS unit; (2) revises BVPS-1 SLCRS 
surveillance testing criteria to be consistent with American Nuclear 
Standards Institute/American Society of Mechanical Engineers N510-1980, 
the BVPS-1 control room ventilation testing, and BVPS-2 SLCRS/ control 
room ventilation testing; and (3) makes minor typographical corrections 
and editorial changes.
    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. Does the change involve a significant increase in the 
probability or consequences of an accident previously evaluated?
    The proposed changes to the surveillance requirements for the 
laboratory testing of ventilation system charcoal are consistent 
with Generic Letter 99-02. The proposed change will adopt ASTM 
D3803-1989 [``Standard Test Method for Nuclear-Grade Activated 
Carbon,''] as the laboratory testing standard for performing the 
surveillance associated with the Control Room emergency ventilation 
and the SLCRS charcoal filters at each BVPS Unit. Thus this proposed 
change will not involve a significant increase in the probability or 
consequences of a previously evaluated accident since this standard 
provides the assurance for continuing to comply with the BVPS Unit 1 
and Unit 2 licensing basis for ventilation filter testing.
    The change in the control room emergency ventilation system 
heater minimum output at both BVPS Units does not change the system 
ability to meet its design bases. The change in the BVPS Unit 1 
SLCRS testing frequency for adsorber/filter in-place testing and the 
adsorber laboratory testing does not change the SLCRS system's 
ability to meet its design bases. The change in the BVPS Unit 1 
SLCRS testing frequency for SLCRS air flow distribution testing does 
not change the SLCRS system's ability to meet its design bases.
    2. Does the change create the possibility of a new or different 
kind of accident from any accident previously evaluated?
    The proposed license amendment to the control room emergency 
ventilation system and SLCRS at both BVPS Units does not change the 
way the system is operated. The proposed changes only involve 
changes to the surveillance testing. These testing modifications do 
not alter these systems' ability to perform their design bases. 
Therefore, these proposed changes do not create the possibility of a 
new or different kind of accident from any previously evaluated 
accident since the control room emergency ventilation system and 
SLCRS will continue to operate in accordance with their design 
bases.
    3. Does the change involve a significant reduction in a margin 
of safety?
    The proposed amendment does not involve revisions to any safety 
limits or safety system setting that would adversely impact plant 
safety. The proposed amendment does not affect the ability of 
system, structures or components important to the mitigation and 
control of design bases accident conditions within the facility. In 
addition, the proposed amendment does not affect the ability of 
safety systems to ensure that the facility can be maintained in a 
shutdown or refueling condition for extended periods of time.
    The proposed license amendment to the control room emergency 
ventilation system and SLCRS at both BVPS Units does not change the 
way the system is operated. The proposed changes only involve 
changes to the surveillance testing. These testing modifications do 
not alter these systems' ability to perform their design bases.

    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 staffproposes 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 and 
Directives Branch, Division of Administrative 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 6D59, 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 28, 2000, 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

[[Page 52451]]

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 accessible 
electronically through the ADAMS Public Electronic Reading Room link at 
the NRC Web site (http://www.nrc.gov). 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: Rulemakings and 
Adjudications Staff, or may be delivered to the Commission's Public 
Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC, 
by the above date. 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 Mary O'Reilly, FirstEnergy Nuclear 
Operating Company, FirstEnergy Corporation, 76 South Main Street, 
Akron, OH 44308, 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 May 12, 2000, which is available for 
public inspection at the Commission's Public Document Room, the Gelman 
Building, 2120 L Street, NW., Washington, DC, and accessible 
electronically through the ADAMS Public Electronic Reading Room link at 
the NRC Web site (http://www.nrc.gov).

    Dated at Rockville, Maryland, this 23rd day of August, 2000.

    For the Nuclear Regulatory Commission.
Daniel S. Collins,
Project Manager, Section 1, Project Directorate I, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 00-22030 Filed 8-28-00; 8:45 am]
BILLING CODE 7590-01-P