[Federal Register Volume 66, Number 161 (Monday, August 20, 2001)]
[Notices]
[Pages 43595-43597]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20888]


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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, Proposed No Significant Hazards 
Consideration Determination, and Opportunity for a Hearing

    The U.S. Nuclear Regulatory Commission (NRC or the Commission) is 
considering issuance of an amendments to Facility Operating License 
(FOL) Nos. NPF-87 and NPF-89 issued to TXU Electric (the licensee) for 
operation of the Comanche Peak Steam Electric Station, Units 1 and 2 
(CPSES), located in Somervell and Hood Counties, Texas.
    The proposed amendments would delete the anti-trust conditions 
contained in Appendix C to the FOLs for CPSES. The licensee requested 
the proposed amendments in the context of its application for the 
Commission's

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consent to transfer the FOLs to an affiliated generation company. The 
transfer aspect of the licensee's application is the subject of a 
separate Federal Register notice. According to the application, the 
antitrust license conditions attached to the CPSES FOLs relate 
generally to transmission access, market power protection, or unique 
case-specific matters. In its application, the licensee states 
primarily that the antitrust license conditions relating to 
transmission access and market power are no longer necessary because of 
Texas's adoption of a comprehensive electric restructuring system that 
guards against anticompetitive practices in the transmission market as 
well as abuses in generation market power. The licensee also indicates 
that the changes in the electric industry render unnecessary the 
application of these antitrust conditions to entities, such as the 
proposed affiliated generation company transferee, that will sell power 
only in the deregulated wholesale market. The licensee maintains that 
in addition to being unnecessary, the existing antitrust conditions 
could operate to thwart the intent and purpose of the Texas 
restructuring legislation. In addition, the licensee requests deletion 
of antitrust conditions that it maintains have expired by their own 
terms or were unique to a particular case-specific issue and are now no 
longer necessary.
    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) Will the change involve a significant increase in the 
probability or consequences of an accident previously evaluated?
    Response: No.
    This Request involves administrative changes only. No actual 
plant equipment o[r] accident analyses will be affected by the 
proposed changes. Therefore, this Request will have no impact on the 
possibility of any type of accident: new, different, or previously 
evaluated.
    (2) Will the change create the possibility of a new or different 
kind of accident from any accident previously evaluated?
    Response: No.
    This Request involves administrative changes only. No actual 
plant equipment o[r] accident analyses will be affected by the 
proposed changes and no failure modes not bounded by previously 
evaluated accidents will be created. Therefore, this Request will 
have no impact on the possibility of any type of accident: new, 
different, or previously evaluated.
    (3) Will the change involve a significant reduction in a margin 
of safety?
    Response: No.
    Margin of safety is associated with confidence in the ability of 
the fission product barriers (i.e., fuel and fuel cladding, Reactor 
Coolant System pressure boundary, and containment structure) to 
limit the level of radiation dose to the public. This Request 
involves administrative changes only.
    No actual plant equipment or accident analyses will be affected 
by the proposed changes. Additionally, the proposed changes will not 
relax any criteria used to establish safety limits, will not relax 
any safety systems settings, or will not relax the bases for any 
limiting conditions of operation. Therefore, the proposed changes 
will not impact the margin of safety.

    The NRC staff has reviewed the licensee's analysis and notes that 
it does not agree that the requested amendments can properly be 
characterized as involving only ``administrative changes.'' 
Nevertheless, based on the NRC staff's review, it appears that the 
three standards of 10 CFR 50.92(c) are satisfied notwithstanding its 
view that the requested amendments do not involve only administrative 
changes. 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 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 September 19, 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 (PDR) 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

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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 George 
L. Edgar, Esq., Morgan, Lewis and Bockius, 1800 M Street, NW., 
Washington, DC 20036-5869, 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 10 CFR 2.714(d).
    For further details with respect to this action, see the 
application for amendments dated June 19, 2001, 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 
Agencywide Documents Access and Management Systems (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].

    Dated at Rockville, Maryland, this 14th day of August, 2001.

    For the Nuclear Regulatory Commission.
David H. Jaffe,
Senior Project Manager, Section I, Project Directorate IV, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 01-20888 Filed 8-17-01; 8:45 am]
BILLING CODE 7590-01-P