[Federal Register Volume 66, Number 106 (Friday, June 1, 2001)]
[Notices]
[Pages 29844-29846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13740]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-255]


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-

[[Page 29845]]

20, held by Nuclear Management Company, LLC (the licensee), for 
operation of the Palisades Plant located in Van Buren County, Michigan.
    The proposed amendment would change the limiting conditions for 
operation (LCOs), surveillance requirements (SRs), and design features 
in the Technical Specifications (TSs) to provide more flexible fuel 
loading constraints for the Palisades fuel storage racks and 
accommodate future core designs. The changes affect TS Sections 3.7.15, 
``Spent Fuel Pool (SFP) Boron Concentration,'' 3.7.16, ``Spent Fuel 
Assembly Storage,'' and 4.3, ``Design Features--Fuel Storage.'' Allowed 
uranium enrichments for storage would be increased. Enrichment limits 
for new fuel storage racks (currently limited to fuel assemblies having 
a maximum average planar uranium-235 (U-235) enrichment of 4.20 weight 
percent) would be increased to allow storage of 24 unirradiated fuel 
assemblies having a maximum planar average U-235 enrichment of 4.95 
weight percent, subject to proposed loading pattern constraints (e.g., 
the center row being empty if stored fuel exceeds 4.05 percent U-235 
enrichments). Similarly, the new fuel storage racks could contain 36 
unirradiated fuel assemblies having a maximum planar average U-235 
enrichment of 4.05 weight percent, subject to similar proposed loading 
pattern constraints not necessarily requiring the center row to be 
empty. Region I fuel storage racks (currently limited to a maximum 
enrichment of 4.40 weight percent) would be changed to allow storage of 
unirradiated or irradiated fuel up to 4.95 weight percent enrichment on 
the basis of revised criticality analyses that assume no credit for 
soluble boron in the pool under normal conditions, but which take 
credit for 1350 ppm of soluble boron under accident conditions. 
Enrichment requirements for Region II fuel storage racks (currently 
limited to 3.27 weight percent) would be changed to allow storage of 
unirradiated fuel up to 1.14 weight percent and irradiated fuel of 
equivalent reactivity up to 4.6 weight percent initial enrichment on 
the basis of criticality analyses that take credit for 850 ppm of 
soluble boron in the pool under normal conditions and 1350 ppm of 
soluble boron under accident conditions. The TSs (e.g., proposed Table 
3.7.16-1) for allowable enrichments for fuel storage in Region II of 
the spent fuel pool or the north tilt pit would continue to be based 
upon a combination of initial enrichment and burnup, but the proposed 
change would also add decay time to this combination. The existing 
limitations that Region I spent fuel racks may contain only ``new or 
partially spent'' fuel assemblies, and that Region II spent fuel racks 
may contain only ``partially spent'' fuel assemblies, would be changed 
to ``new or irradiated fuel assemblies which meet the initial 
enrichment, burnup, and decay time requirements of [the proposed 
revision to] Table 3.7.16-1.'' The existing requirements that fuel 
assemblies in new or Region I fuel storage racks must contain ``216 
rods which are either UO2, 
Gd2O3UO2, or solid metal'' would be 
deleted. TS 3.7.15 would continue to require that the spent fuel pool 
boron concentration be equal to or greater than 1720 ppm whenever fuel 
is stored in the spent fuel pool, and be verified weekly; however, the 
optional Action statement A.2.2 to immediately initiate action to 
perform a spent fuel pool verification when the concentration is not 
within limits would be deleted (as would a related portion of the 
applicability statement regarding verification). The licensee also 
included changes to the associated TS Bases.
    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 July 2, 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 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

[[Page 29846]]

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: 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 
petition should also be sent to the Office of the General Counsel, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, and to Arunas 
T. Udrys, Esquire, Consumers Energy Company, 212 West Michigan Avenue, 
Jackson, MI 49201, 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 March 2, 2001, as supplemented by 
letter dated March 29, 2001, which are available for public inspection 
at the Commission's Public Document Room, located at One White Flint 
North, 11555 Rockville Pike (first floor), Rockville, Maryland, 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 24th day of May 2001.
    For the Nuclear Regulatory Commission.
Darl S. Hood,
Senior Project Manager, Section I, Project Directorate III, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 01-13740 Filed 5-31-01; 8:45 am]
BILLING CODE 7590-01-P