[Federal Register Volume 66, Number 103 (Tuesday, May 29, 2001)]
[Notices]
[Pages 29186-29187]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13398]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-445 and 50-446]


TXU Electric; Notice of Consideration of Issuance of Amendment to 
Facility Operating License and Opportunity for a Hearing

    The U.S. Nuclear Regulatory Commission (NRC or the Commission) is 
considering issuance of an amendment to Facility Operating License Nos. 
NPF-87 and NPF-89, issued to TXU Electric (TXU or the licensee), for 
operation of the Comanche Peak Steam Electric Station (CPSES), Units 1 
and 2, respectively. The facilities are located in Somervell and Hood 
Counties, Texas.
    The proposed amendment would incorporate changes into the CPSES, 
Units 1 and 2, Operating Licenses and Technical Specifications. These 
changes, which would reflect a proposed increase in the licensed power 
for operation of both CPSES, Units 1 and 2, to 3458 MWt, represent an 
increase of approximately 1.4 percent of the currently licensed power 
level for CPSES, Unit 1, and an increase of approximately 0.4 percent 
for CPSES, Unit 2. In addition, the licensee requests that Texas 
Municipal Power Agency (TMPA) be removed from both CPSES, Units 1 and 
2, licenses since transfer of ownership from TMPA to TXU was completed.
    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 June 28, 2001, the licensee may file a request for a hearing 
with respect to issuance of the amendment 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, located at One 
White Flint North, 11555 Rockville Pike (first floor), Rockville, 
Maryland, and is accessible electronically through the NRC Web site 
(http://www.nrc.gov/NRC/CFR/index.html). 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 (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 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 must 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 that may be 
entered in the proceeding on the petitioner's interest. The petition 
must 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 that must include a list of the contentions 
that the petitioner seeks to have litigated in the hearing. 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 each contention and a 
concise statement of the alleged facts or expert opinion that 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. The 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 that, if proven, would 
entitle the petitioner to relief. A petitioner who fails to file such a 
supplement that 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.
    Requests for a hearing and petitions 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, located at One White Flint North, 11555 Rockville Pike 
(first floor), Rockville, Maryland, by the above date. A copy of the 
request for a hearing and the petition should also be sent to the 
Office of the General Counsel, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, and to George L. Edgar, Esq., Morgan, Lewis 
and Bockius, 1800 M Street, NW., Washington, DC 20036, attorney for the 
licensee.
    Nontimely filings of petitions for leave to intervene, amended 
petitions, supplemental petitions, and/or requests

[[Page 29187]]

for a hearing will not be entertained absent a determination by the 
Commission, the presiding officer, or the 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 10 CFR 50.92.
    For further details with respect to this action, see the 
application for amendment dated April 5, 2001, which is available for 
public inspection at the Commission's Public Document Room (PDR), 
located at One White Flint North, 11555 Rockville Pike (first floor), 
Rockville, Maryland, and accessible electronically through the 
Agencywide Documents Access and Management System (ADAMS) Public 
Electronic Reading Room link at the NRC Web site (http://www.nrc.gov). 
If there are problems accessing the document located in ADAMS, contact 
the PDR Reference staff at 1-800-397-4209, 301-415-4737, or send an 
email to [email protected].

    Dated at Rockville, Maryland, this 11th day of May 2001.

    For the Nuclear Regulatory Commission.
David H. Jaffe,
Senior Project Manager, Section 1, Project Directorate IV & 
Decommissioning Division of Licensing Project Management, Office of 
Nuclear Reactor Regulation.
[FR Doc. 01-13398 Filed 5-25-01; 8:45 am]
BILLING CODE 7590-01-P