[Federal Register Volume 67, Number 143 (Thursday, July 25, 2002)]
[Notices]
[Pages 48679-48681]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-18822]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-338 and 50-339]


Virginia Electric and Power Co.; Notice of Consideration of 
Issuance of Amendments to Facility Operating Licenses, Proposed No 
Significant Hazards Consideration Determination, and Opportunity for a 
Hearing

    The U.S. Nuclear Regulatory Commission (the Commission) is 
considering issuance of amendments to Facility Operating License Nos. 
NPF-4 and NPF-7 issued to Virginia Electric and Power Company (the 
licensee) for operation of the North Anna Power Station, Units 1 and 2, 
located in Louisa County, Virginia.
    The proposed amendments would permit the licensee to delay the 
effective implementation date of the Improved Technical Specifications 
from no later than September 2, 2002, to no later than December 20, 
2002.
    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.
    The Commission has made a proposed determination that the 
amendments request involves no significant hazards consideration. Under 
the Commission's regulations in Title 10 of the Code of Federal 
Regulations (10 CFR), Sec. 50.92, this means that operation of the 
facility in accordance with the proposed amendments 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. Do the proposed changes involve a significant increase in the 
probability or consequences of an accident previously evaluated?
    The proposed changes delay implementation of the Improved 
Technical Specifications (ITS) to permit completion of system 
modifications and final functional testing of the Control Room 
Bottled Air System. The proposed changes are administrative in 
nature in that they simply delay implementation of ITS for four 
months. Until the ITS are implemented the current Technical 
Specifications will remain in effect. Since the changes are 
administrative, they will not alter the operation or otherwise 
increase the failure probability of any plant equipment that 
initiates an analyzed accident. As a result, the probability of any 
accident previously evaluated is not significantly increased. The 
changes will not affect the design, function or operation of any 
system, structure or component nor will it affect any maintenance, 
modification or testing activities. Thus, there will be no impact on 
the capability of any structure, system or component to perform its 
intended safety function. Therefore, it is concluded that operation 
in accordance with the proposed changes will not involve a 
significant increase in the probability or consequences of accidents 
previously analyzed.
    2. Do the proposed changes create the possibility of a new or 
different kind of accident from any accident previously evaluated?
    Deferral of the ITS implementation date is an administrative 
change. As such the changes do not involve a physical alteration of 
the plant (no new or different type of equipment will be installed) 
or a change in the methods governing normal plant operation. Thus, 
these changes do not create the possibility of a new or different 
kind of

[[Page 48680]]

accident from any accident previously evaluated.
    3. Do the proposed changes involve a significant reduction in a 
margin of safety?
    Deferral of the ITS implementation date is an administrative 
change. The proposed changes do not affect the plant design or 
operations. The changes do not eliminate any requirements or impose 
any new requirements or alter any physical parameters, which could 
reduce the margin to an identified acceptance limit. Hence, these 
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 
amendments 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 amendments 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 amendments before the expiration 
of the 30-day notice period, provided that its final determination is 
that the amendments involve 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 August 26, 2002, 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 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,\1\ 
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/reading-rm/doc-collections/cfr/. 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.
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    \1\ The most recent version of Title 10 of the Code of Federal 
Regulations, published January 1, 2002, inadvertently omitted the 
last sentence of 10 CFR 2.714(d) and subparagraphs (d)(1) and (2), 
regarding petitions to intervene and contentions. Those provisions 
are extant and still applicable to petitions to intervene. Those 
provisions are as follows: ``In all other circumstances, such ruling 
body or officer shall, in ruling on--
    (1) A petition for leave to intervene or a request for hearing, 
consider the following factors, among other things: (i) The nature 
of the petitioner's right under the Act to be made a party to the 
proceeding. (ii) The nature and extent of the petitioner's property, 
financial, or other interest in the proceeding. (iii) The possible 
effect of any order that may be entered in the proceeding on the 
petitioner's interest.
    (2) The admissibility of a contention, refuse to admit a 
contention if: (i) The contention and supporting material fail to 
satisfy the requirements of paragraph (b)(2) of this section; or 
(ii) The contention, if proven, would be of no consequence in the 
proceeding because it would not entitle petitioner to relief.''
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    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 amendments 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

[[Page 48681]]

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 amendments request involves 
no significant hazards consideration, the Commission may issue the 
amendments and make them immediately effective, notwithstanding the 
request for a hearing. Any hearing held would take place after issuance 
of the amendments.
    If the final determination is that the amendments request involves 
a significant hazards consideration, any hearing held would take place 
before the issuance of any amendments.
    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 (PDR), located at One White Flint North, 11555 Rockville 
Pike (first floor), Rockville, Maryland, by the above date. Because of 
the continuing disruptions in delivery of mail to United States 
Government offices, it is requested that petitions for leave to 
intervene and requests for hearing be transmitted to the Secretary of 
the Commission either by means of facsimile transmission to 301-415-
1101 or by e-mail to [email protected]. A copy of the petition for 
leave to intervene and request for hearing should also be sent to the 
Office of the General Counsel, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, and because of continuing disruptions in 
delivery of mail to United States Government offices, it is requested 
that copies be transmitted either by means of facsimile transmission to 
301-415-3725 or by e-mail to [email protected]. A copy of the 
request for hearing and petition for leave to intervene should also be 
sent to Ms. Lillian M. Cuoco, Esq., Senior Nuclear Counsel, Dominion 
Nuclear Connecticut, Inc., Millstone Power Station, Building 475, 5th 
Floor, Rope Ferry Road, Rt. 156, Waterford, Connecticut 06385, 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 amendments dated July 18, 2002, which is available for 
public inspection at the Commission's PDR, 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 System's (ADAMS) Public Electronic 
Reading Room on the Internet at the NRC Web site, http://www.nrc.gov/reading-rm/adams.html. Persons who do not have access to ADAMS or who 
encounter problems in accessing the documents located in ADAMS, should 
contact the NRC PDR Reference staff by telephone at 1-800-397-4209, 
301-415-4737, or by e-mail to [email protected].

    Dated at Rockville, Maryland, this 19th day of July 2002.

    For the Nuclear Regulatory Commission.
Stephen R. Monarque,
Project Manager, Section 1, Project Directorate II, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 02-18822 Filed 7-24-02; 8:45 am]
BILLING CODE 7590-01-P