[Federal Register Volume 66, Number 202 (Thursday, October 18, 2001)]
[Notices]
[Pages 52948-52950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-26281]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-458]


Entergy Operations, Inc., River Bend Station, Unit 1; 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 amendment to Facility Operating License No. 
NPF-47 issued to Entergy Operations, Inc. (the licensee) for operation 
of River Bend Station, Unit 1 (RBS), located in West Feliciana Parish, 
Louisiana.
    The proposed amendment would revise the RBS Technical 
Specifications (TSs) limit for spent fuel storage to allow storage of 
up to 3,104 fuel assemblies.
    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. The proposed change does not significantly increase the 
probability or consequences of an accident previously evaluated.
    The proposed change revises the Technical Specification 
administrative limit for spent fuel storage to allow storage of up 
to 3,104 bundles to accommodate a full core offload. The current 
licensing basis analysis demonstrates that spent fuel pool 
temperatures will remain below the spent fuel pool design 
limitations assuming a full core offload is required early in an 
operating cycle. There are no changes being made to the storage pool 
structure, the pool water level, the storage racks, the cooling 
system, or to fuel storage arrays as currently described in the 
Updated Safety Analysis Report (USAR). The decay heat loads for the 
proposed storage capacity have been previously evaluated and are not 
increased by the proposed change. Therefore, there is no affect on 
spent fuel reactivity control, shielding, or cooling capability. The 
fuel handling accident analysis as presented in the USAR is also not 
affected by the proposed change.
    Therefore, the proposed change does not result in a significant 
increase in the probability or the consequences of previously 
evaluated accidents.
    2. The proposed changes would not create the possibility of a 
new or different kind of accident from any previous analyzed.
    The proposed change only affects the allowed quantity of spent 
fuel stored in the existing fuel racks located in the fuel building 
spent fuel pool. The fuel arrangement in this storage pool has 
previously been analyzed for criticality control, the effects of a 
fuel handling accident, and for the decay heat loads caused by both 
normal and abnormal conditions. The proposed change does not involve 
a physical alteration of the plant or a change in the methods of 
spent fuel pool storage or cooling. Therefore, the proposed change 
does not introduce the possibility of a new accident precursor or 
result in creating the possibility of a new or different kind of 
accident from any accident previously evaluated.
    3. The proposed changes do not involve a significant reduction 
in a margin of safety.
    The proposed change is considered to be an administrative change 
to the fuel storage capacity limitations. The fuel arrangement in 
this storage pool has previously been analyzed for criticality 
control, the effects of a fuel handling accident, and for the decay 
heat loads caused by both normal and abnormal conditions. These 
analyses are not impacted by the proposed change. The proposed TS 
limits on spent fuel pool storage capacity will continue to maintain 
pool temperatures to less than those allowed by the Standard Review 
Plan (SRP), NUREG-0800. Therefore, the change remains within the 
current licensing basis margins and does not involve a significant 
reduction in a 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

[[Page 52949]]

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 November 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. Persons who have problems in accessing 
the document should contact the Public Document Room Reference staff by 
telephone 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 Wise, 
Carter, Child, and Caraway, P.O. Box 651, Jackson, MS 39205, 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).
    The Commission hereby provides notice that this is a proceeding on 
an application for license amendments falling within the scope of 
section 134 of the Nuclear Waste Policy Act of 1982 (NWPA), 42 U.S.C. 
10154. Under section 134 of the NWPA, the Commission, at the request of 
any party to the proceeding, must use hybrid

[[Page 52950]]

hearing procedures with respect to ``any matter which the Commission 
determines to be in controversy among the parties.''
    The hybrid procedures in section 134 provide for oral argument on 
matters in controversy, preceded by discovery under the Commission's 
rules and the designation, following argument, of only those factual 
issues that involve a genuine and substantial dispute, together with 
any remaining questions of law, to be resolved in an adjudicatory 
hearing. Actual adjudicatory hearings are to be held on only those 
issues found to meet the criteria of section 134 and set for hearing 
after oral argument.
    The Commission's rules implementing section 134 of the NWPA are 
found in 10 CFR part 2, subpart K, ``Hybrid Hearing Procedures for 
Expansion of Spent Fuel Storage Capacity at Civilian Nuclear Power 
Reactors'' (published at 50 FR 41662 dated October 15, 1985). Under 
those rules, any party to the proceeding may invoke the hybrid hearing 
procedures by filing with the presiding officer a written request for 
oral argument under 10 CFR 2.1109. To be timely, the request must be 
filed within ten (10) days of an order granting a request for hearing 
or petition to intervene. The presiding officer must grant a timely 
request for oral argument. The presiding officer may grant an untimely 
request for oral argument only upon a showing of good cause by the 
requesting party for the failure to file on time and after providing 
the other parties an opportunity to respond to the untimely request. If 
the presiding officer grants a request for oral argument, any hearing 
held on the application must be conducted in accordance with the hybrid 
hearing procedures. In essence, those procedures limit the time 
available for discovery and require that an oral argument be held to 
determine whether any contentions must be resolved in an adjudicatory 
hearing. If no party to the proceeding timely requests oral argument, 
and if all untimely requests for oral argument are denied, then the 
usual procedures in 10 CFR part 2, subpart G apply.
    For further details with respect to this action, see the 
application for amendment dated April 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. Persons who do not have access to 
ADAMS or who encounter problems in accessing the documents located in 
ADAMS should contact the NRC Public Document Room Reference staff by 
telephone at 1-800-397-4209, 301-415-4737 or by e-mail to [email protected].

    Dated at Rockville, Maryland, this 12th day of October, 2001.

    For the Nuclear Regulatory Commission.
Robert E. Moody,
Project Manager, Section 1, Project Directorate IV, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 01-26281 Filed 10-17-01; 8:45 am]
BILLING CODE 7590-01-P