[Federal Register Volume 66, Number 44 (Tuesday, March 6, 2001)]
[Notices]
[Pages 13598-13599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-5397]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-331]


Nuclear Management Company, LLC; Notice of Consideration of 
Issuance of Amendment to Facility Operating License and Opportunity for 
a Hearing

    The U.S. Nuclear Regulatory Commission (the Commission) is 
considering issuance of an amendment to Facility Operating License No. 
DPR-49, held by Nuclear Management Company, LLC (the licensee), for 
operation of the Duane Arnold Energy Center (the facility) located in 
Linn County, Iowa.
    By letter dated October 19, 2000, the licensee proposed an 
amendment to change the operating license. Specifically, the proposed 
amendment would authorize the licensee to change the licensing basis to 
utilize the full scope of an alternative radiological source term for 
accidents as described in NUREG-1465, ``Accident Source Terms for 
Light-Water Nuclear Power Plants.'' The proposed amendment would change 
the Technical Specifications (TSs) implementing various assumptions in 
the Alternative Source Term analyses. These changes include:
    In TS 1.1, the definition of Dose Equivalent Iodine-131 would be 
revised to reference Federal Guidance Report (FGR) 11, ``Limiting 
Values of Radionuclide Intake and Air Concentration and Dose Conversion 
Factors for Inhalation, Submersion, and Ingestion,'' dated 1989, and 
FGR 12, ``External Exposure to Radionuclides in Air, Water, and Soil,'' 
dated 1993. The word ``thyroid'' would be removed.
    In Surveillance Requirement 3.3.7.1.3 regarding the channel 
calibration of the Control Building Air Intake Radiation Monitor, the 
setpoint for the allowable value would be reduced from 50mR/
hr to 5 mR/hr.
    In the Action Statements for Limiting Condition for Operations 
3.4.6, ``Reactor Coolant System Specific Activity,'' the dose 
equivalent Iodine-131 specific activity limits would be lowered from 
1.2 microCuries /ml to 0.2 microCuries/gm and from 12.0 microCuries/ml 
to 2.0 microCuries/gm.
    References to 10 CFR part 100 in various TSs and TS Bases would be 
changed to 10 CFR Part 50.67 to reflect adoption of the Alternative 
Source Term.
    The proposed amendment would also remove requirements that the 
Secondary Containment, Secondary Containment Isolation Valves and 
Dampers, Secondary Containment Instrumentation, and the Standby Gas 
Treatment System are to be operable during movement of irradiated fuel 
assemblies and during core alterations.
    The proposed changes are related to a proposed increase in power 
level that is identified in the licensee's letter to the NRC dated 
September 19, 2000. The proposed increase in power will be addressed in 
a separate Federal Register notice.
    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.
    By April 5, 2001, 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, located at One 
White Flint North, 11555 Rockville Pike (first floor), Rockville, 
Maryland 20855-2738, 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 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 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.
    A request for a hearing or a petition for leave to intervene must 
be filed with the Secretary of the Commission, U.S.

[[Page 13599]]

Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemakings and Adjudications Staff, or may be delivered to the 
Commission's Public Document Room, located at One White Flint North, 
11555 Rockville Pike (first floor), Rockville, Maryland 20855-2738, 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 Al Gutterman, Morgan, Lewis, & 
Bockius LLP, 1800 M Street, N.W., Washington, DC 20036-5869, 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 amendment 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 amendment dated October 19, 2000, which is available 
for public inspection at the Commission's Public Document Room, located 
at One White Flint North, 11555 Rockville Pike (first floor), 
Rockville, Maryland 20855-2738, 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 28th day of February, 2001.

    For the Nuclear Regulatory Commission.
Darl S. Hood,
 Senior Project Manager, Section 1 Project Directorate III, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 01-5397 Filed 3-5-01; 8:45 am]
BILLING CODE 7590-01-P