[Federal Register Volume 66, Number 107 (Monday, June 4, 2001)]
[Notices]
[Pages 30026-30027]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13899]


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NUCLEAR REGULATORY COMMISSION

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


FirstEnergy Nuclear Operating Company, et al.; 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 Nos. 
DPR-66 and NPF-73, issued to FirstEnergy Nuclear Operating Company, et 
al., (the licensee), for operation of the Beaver Valley Power Station, 
Unit Nos. 1 and 2 (BVPS-1 and 2) located in Shippingport, Pennsylvania.
    The proposed amendment would revise the Technical Specifications 
(TSs) associated with requirements for handling irradiated fuel 
assemblies in the reactor containment and in the fuel building. The 
proposed amendment would also revise the TSs associated with ensuring 
that safety analysis assumptions are met for a postulated fuel handling 
accident (FHA). Specifically, the revised FHA radiological analysis 
that is submitted in support of the proposed amendment, demonstrates 
that ``non-recently'' irradiated fuel does not contain sufficient 
fission products to require operability of accident mitigation features 
to meet the accident analysis assumptions. Consequently, the accident 
mitigation features such as building integrity and engineered safety 
feature (ESF) ventilation systems would not be required during fuel 
handling activities that do not involve ``recently'' irradiated fuel 
assemblies. The radiological analyses utilized to support this 
amendment request were performed based on the guidance provided in 
NUREG-0800, ``Standard Review Plan,'' Chapter 15.0.1 and Regulatory 
Guide (RG) 1.183, ``Alternative Radiological Source Terms for 
Evaluating Design Basis Accidents at Nuclear Power Reactors.'' The 
decay time specified in TS 3/4.9.3, ``Decay Time,'' would be revised 
from 150 hours to 100 hours. The proposed amendment also includes 
administrative, editorial, and format changes to the TSs and Bases 
associated with the revisions discussed above. Changes to the Updated 
Final Safety Analysis Reports for BVPS-1 and 2 associated with the 
description of a postulated FHA and its calculated radiological 
consequences are also included.
    Before issuance of the proposed license amendment, the Commission 
will have made findings required by the

[[Page 30027]]

Atomic Energy Act of 1954, as amended (the Act) and the Commission's 
regulations.
    By July 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 and is 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 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 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.
    A request for a hearing and 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 
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 Mary O'Reilly, Attorney, FirstEnergy 
Legal Department, FirstEnergy Corporation, 76 S. 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 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 50.92.
    For further details with respect to this action, see the 
application for amendment dated March 19, 2001 (ADAMS Accession No. 
ML010810433), 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, 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 May 2001.

    For the Nuclear Regulatory Commission.
Lawrence J. Burkhart,
Project Manager, Section 1, Project Directorate I, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 01-13899 Filed 6-1-01; 8:45 am]
BILLING CODE 7590-01-P