[Federal Register Volume 66, Number 145 (Friday, July 27, 2001)]
[Notices]
[Pages 39211-39213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-18769]


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NUCLEAR REGULATORY COMMISSION

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


Firstenergy Nuclear Operating Company (FENOC), et al., Notice of 
Consideration of Issuance of Amendment to Facility Operating License, 
Proposed No Significant Hazards Consideration Determination, 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 FENOC (the licensee) for operation of the 
Beaver Valley Power Station, Unit Nos. 1 and 2 (BVPS-1 and 2), located 
in Shippingport, PA.
    The proposed amendment would revise the applicability of the 
current BVPS-2 heatup/cooldown curves contained in Technical 
Specification (TS) 3/4.4.9, ``Pressure/Temperature Limits,'' from 15 
Effective Full-Power Years (EFPY) to 14 EFPY. Proposed changes to TS 
3.7.1.1, ``Main Steam Safety Valves (MSSVs),'' include revisions of the 
limiting condition for operation and to the title and content of Table 
3.7-1 to provide consistency with the NUREG-1431 improved standard TS, 
creation of new Actions to address inoperable MSSVs, reduction of the 
Power Range Neutron Flux--High reactor trip setpoint to be consistent 
with Technical Specification Traveler Form--235, Revision 1, and 
changes to the maximum power levels permissible with inoperable MSSVs. 
TS Bases changes are also proposed for consistency.
    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.
    The Commission has made a proposed determination that the amendment 
request involves no significant hazards consideration. Under the 
Commission's regulations in 10 CFR 50.92, this means that operation of 
the facility in accordance with the proposed amendment would not (1) 
involve a significant increase in the probability or consequences of an 
accident previously evaluated; or (2) create the possibility of a new 
or different kind of accident from any accident previously evaluated; 
or (3) involve a significant reduction in a margin of safety. As 
required by 10 CFR 50.91(a), the licensee has provided its analysis of 
the issue of no significant hazards consideration, which is presented 
below:

    (1) Does the proposed amendment involve a significant increase 
in the probability or consequences of an accident previously 
evaluated?
    The proposed change to the Effective Full Power Years (EFPY) for 
the Unit 2 reactor coolant system heatup/cooldown curves are being 
made to impose a conservative projection of the increase in neutron 
fluence associated with a proposed 1.4% power uprate. This 
projection will ensure that the requirements of 10 CFR 50, Appendix 
G, ``Fracture Toughness Requirements,'' will continue to be met 
following the proposed uprate. Thus, there is no significant 
increase in the probability or consequences of an accident 
previously evaluated.
    The proposed changes to the Main Steam Safety Valve (MSSV) 
Technical Specifications will not reduce the valve's capability to 
provide pressure relief when required. The design basis events that 
were protected against by the heatup/cooldown curves and the MSSV's 
have not changed; therefore, the probability of an accident 
previously evaluated is not increased by these proposed changes. 
These proposed changes also do not alter any assumptions previously 
made in the radiological consequence evaluations, nor affect 
mitigation of the consequences of an accident previously evaluated.
    Therefore, the proposed changes do not result in a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    (2) Does the proposed amendment create the possibility of a new 
or different kind of accident from any accident previously 
evaluated?
    No new accident scenarios, failure mechanisms or single failures 
are introduced as a result of the proposed changes. All systems, 
structures, and components previously required for the mitigation of 
an event remain capable of fulfilling their intended design 
function. The proposed changes have no adverse effects on any 
safety-related system or component and do not challenge the 
performance or integrity of any safety related system.
    Therefore, the proposed changes do not create the possibility of 
a new or different kind of accident from any accident previously 
evaluated.
    (3) Does the proposed amendment involve a significant reduction 
in a margin of safety?
    The proposed change to the EFPYs for the Unit 2 reactor coolant 
system heatup/cooldown curves preserves the margin of safety by 
imposing a conservative projection of the increase in neutron 
fluence associated with the proposed 1.4% power uprate.
    The design basis for the MSSVs is to limit the secondary system 
pressure to  110% of design pressure for any anticipated 
operational occurrence (AOO) or accident considered in the Design 
Basis Accident and transient analysis. All cases analyzed 
demonstrate that the MSSVs maintain Main Steam System integrity by 
limiting the maximum steam pressure to less than 110% of system 
design pressure. Since the design basis of the MSSVs is maintained, 
there is no significant reduction in the margin of safety.
    Therefore, the proposed changes do not involve a significant 
reduction in the margin of safety.

    The NRC staff has reviewed the licensee's analysis and, based on 
this review, it appears that the three standards of 10 CFR 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
amendment request involves no significant hazards consideration.
    The Commission is seeking public comments on this proposed 
determination. Any comments received within 30 days after the date of 
publication of this notice will be considered in making any final 
determination.
    Normally, the Commission will not issue the amendment until the 
expiration of the 30-day notice period. However, should circumstances 
change during the notice period such that failure to act in a timely 
way would result, for example, in derating or shutdown of the facility, 
the Commission may issue the license amendment before the expiration of 
the 30-day notice period, provided that its final determination is that 
the amendment involves no significant hazards consideration. The final 
determination will consider all public and State comments received. 
Should the Commission take this action, it will publish in the Federal 
Register a notice of issuance and provide for opportunity for a hearing 
after issuance. The Commission expects that the need to

[[Page 39212]]

take this action will occur very infrequently.
    Written comments may be submitted by mail to the Chief, Rules and 
Directives Branch, Division of Administrative Services, Office of 
Administration, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, and should cite the publication date and page number of 
this Federal Register notice. Written comments may also be delivered to 
Room 6D59, Two White Flint North, 11545 Rockville Pike, Rockville, 
Maryland, from 7:30 a.m. to 4:15 p.m. Federal workdays. Documents may 
be examined, and/or copied for a fee, at the NRC's Public Document 
Room, located at One White Flint North, 11555 Rockville Pike (first 
floor), Rockville, Maryland.
    The filing of requests for hearing and petitions for leave to 
intervene is discussed below.
    By August 27, 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, or electronically on the Internet at the NRC Web site http://www.nrc.gov/NRC/CFR/index.html. If there are problems in accessing the 
document, contact the Public Document Room Reference staff at 1-800-
397-4209, 301-415-4737, or by e-mail to [email protected]. 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 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.
    If a hearing is requested, the Commission will make a final 
determination on the issue of no significant hazards consideration. The 
final determination will serve to decide when the hearing is held.
    If the final determination is that the amendment request involves 
no significant hazards consideration, the Commission may issue the 
amendment and make it immediately effective, notwithstanding the 
request for a hearing. Any hearing held would take place after issuance 
of the amendment.
    If the final determination is that the amendment request involves a 
significant hazards consideration, any hearing held would take place 
before the issuance of any amendment.
    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 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 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).
    For further details with respect to this action, see the 
application for amendment dated January 18, 2001 (Agencywide Documents 
Access and Management Systems [ADAMS] Accession No. ML010230096) as 
supplemented on June 26, 2001 (ADAMS Accession No. ML011840215), 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. Publicly available records will be 
accessible from the ADAMS Public Electronic Reading Room on the 
Internet at the NRC Web site, http://www.nrc.gov/NRC/ADAMS/index.html. 
If you do not have access to ADAMS or if there are problems in 
accessing the documents located in ADAMS, contact the NRC Public 
Document Room Reference staff at 1-800-397-4209, 301-415-4737 or by e-
mail to [email protected].


[[Page 39213]]


    Dated at Rockville, Maryland, this 20th day of July 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. 01-18769 Filed 7-26-01; 8:45 am]
BILLING CODE 7590-01-P