[Federal Register Volume 66, Number 118 (Tuesday, June 19, 2001)]
[Notices]
[Pages 32963-32964]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-15371]


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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 Amendments to Facility Operating Licenses 
and Opportunity for a Hearing

    The U.S. Nuclear Regulatory Commission (the Commission) is 
considering issuance of amendments to Facility Operating License (OL) 
Nos. DPR-66 and NPF-73, issued to FirstEnergy Nuclear Operating 
Company, et al. (FENOC, 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 amendments would change the OLs and technical 
specifications for BVPS-1 and 2 to reflect an increase in the licensed 
core power level for each unit to 2689 megawatts (thermal), 
approximately 1.4 percent greater than the current level.
    Before issuance of the proposed license amendments, 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 19, 2001, the licensee may file a request for a hearing 
with respect to issuance of the amendments 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 petitions 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 
(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

[[Page 32964]]

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 the 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 amendments 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 
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 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 amendments 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 amendments dated January 18, 2001 (ADAMS Accession No. 
ML010230096), as supplemented by letters dated February 20 (ADAMS 
Accession No. ML010540305) and April 12, 2001 (ADAMS Accession No. 
ML011130105), 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). If there are problems accessing the document 
located in ADAMS, contact the PDB Reference staff at 1-800-397-4209 or 
301-415-4737, or send an e-mail to [email protected].

    Dated at Rockville, Maryland, this 31st 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. 01-15371 Filed 6-18-01; 8:45 am]
BILLING CODE 7590-01-P