[Federal Register Volume 67, Number 166 (Tuesday, August 27, 2002)]
[Notices]
[Pages 55041-55043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-21749]



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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-352 and 50-353]


Exelon Generation Company, LLC; Notice of Consideration of 
Issuance of Amendments 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 Licenses 
Nos. NPR-39 and NPF-85 issued to Exelon Generation Company, LLC (the 
licensee) for operation of the Limerick Generating Station (LGS), Units 
1 and 2, located in Montgomery County, Pennsylvania.
    The proposed amendment would modify technical specification (TS) 
requirements for a missed surveillance through revision of 
Specifications 4.0.1 and 4.0.3. The delay period would be extended from 
the current limit of ``* * * up to 24 hours to permit the completion of 
the surveillance when the allowable outage time limits of the ACTION 
requirements are less than 24 hours'' to ``* * * up to 24 hours or up 
to the limit of the specified Surveillance time interval, whichever is 
greater.'' In addition, the following requirement would be added to 
Surveillance Requirement 4.0.3: ``A risk evaluation shall be performed 
for any Surveillance delayed greater than 24 hours and the risk impact 
shall be managed.'' The proposed revision would also add a TS Bases 
Control Program to the LGS TS.
    The NRC staff issued a notice of opportunity for comment in the 
Federal Register on June 14, 2001 (66 FR 32400), on possible amendments 
concerning missed surveillances, including a model safety evaluation 
and model no significant hazards consideration (NSHC) determination, 
using the consolidated line item improvement process (CLIIP). The NRC 
staff subsequently issued a notice of availability of the models for 
referencing in license amendment applications in the Federal Register 
on September 28, 2001 (66 FR 49714). The licensee affirmed the 
applicability of the model NSHC determination for amendments concerning 
missed surveillances in its application dated May 14, 2002.
    Additionally, two administrative changes are proposed. The first 
deletes the position of ``Sr. Manager--Operations'' and replaces it 
using an overall statement referencing the American National Standards 
Institute (ANSI)/American Nuclear Society (ANS) standard 3.1-1978 for 
``Operations Manager''. The second administrative change revises the 
LGS TS requirement for Plant Operations Review Committee (PORC) member 
composition replacing ``Experience Assessment'' with ``Regulatory 
Assurance'' to reflect the licensee's organizational changes. The 
licensee provided its analysis of the issue of NSHC for these proposed 
changes in its application.
    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 NSHC. Under the Commission's regulations in Title 10 
of the Code of Federal Regulations (10 CFR), Section 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), an analysis of 
the issue of NSHC is presented below:

Criterion 1--The Proposed Change Does Not Involve a Significant 
Increase in the Probability or Consequences of an Accident Previously 
Evaluated

[Missed Surveillance]
    The proposed change relaxes the time allowed to perform a missed 
surveillance. The time between surveillances is not an initiator of any 
accident previously evaluated. Consequently, the probability of an 
accident previously evaluated is not significantly increased. The 
equipment being tested is still required to be operable and capable of 
performing the accident mitigation functions assumed in the accident 
analysis. As a result, the consequences of any accident previously 
evaluated are not significantly affected. Any reduction in confidence 
that a standby system might fail to perform its safety function due to 
a missed surveillance is small and would not, in the absence of other 
unrelated failures, lead to an increase in consequences beyond those 
estimated by existing analyses. The addition of a requirement to assess 
and manage the risk introduced by the missed surveillance will further 
minimize possible concerns. Therefore, this change does not involve a 
significant increase in the probability or consequences of an accident 
previously evaluated.
[Administrative Changes]
    The proposed TS and licensing basis changes are administrative 
changes to eliminate obsolete position and work group titles and 
incorporate the equivalent titles in use by EGC at other fleet nuclear 
facilities.
    These changes do not involve any physical change to structures, 
systems, or components (SSCs) and does not alter the method of 
operation or control of SSCs. The current assumptions in the safety 
analysis regarding accident initiators and mitigation of accidents are 
unaffected by these administrative changes. No additional failure modes 
or mechanisms are being introduced and the likelihood of previously 
analyzed failures remains unchanged.
    The integrity of fission product barriers, plant configuration, and 
operating procedures will not be affected by these changes. Therefore, 
the consequences of previously analyzed accidents will not increase 
because of these changes.
    Based on the above discussion, the proposed TS changes do not 
involve a significant increase in the probability or consequences of an 
accident previously evaluated.

Criterion 2--The Proposed Change Does Not Create the Possibility of a 
New or Different Kind of Accident From Any Previously Evaluated

[Missed Surveillance]
    The proposed change does 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. A missed 
surveillance will not, in and of itself, introduce new failure modes or 
effects and any increased chance that a standby system might fail to 
perform its safety function due to a missed surveillance would not, in 
the absence of other unrelated failures, lead to an accident beyond 
those previously evaluated. The addition of a requirement to assess and 
manage the risk introduced by the missed surveillance will further 
minimize possible concerns. Thus, this change does not create the 
possibility of a new or different kind of accident from any accident 
previously evaluated.
[Administrative Changes]
    The proposed TS and licensing basis changes are administrative 
changes to eliminate obsolete position and work group titles and 
incorporate the equivalent titles in use by EGC at other fleet nuclear 
facilities.

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    The current accident analysis will remain valid following these 
administrative changes to TS. The changes will not alter the 
administrative functions that are currently in use. The qualification 
requirements for the individuals performing the affected TS 
administrative functions will remain unchanged.
    The proposed TS changes do not affect plant design, hardware, 
system operation, or procedures; therefore, based on the above 
discussion, the proposed TS changes do not create the possibility of a 
new or different kind of accident from any accident previously 
evaluated.

Criterion 3--The Proposed Change Does Not Involve a Significant 
Reduction in the Margin of Safety

[Missed Surveillance]
    The extended time allowed to perform a missed surveillance does not 
result in a significant reduction in the margin of safety. As supported 
by the historical data, the likely outcome of any surveillance is 
verification that the LCO [Limiting Condition for Operation] is met. 
Failure to perform a surveillance within the prescribed frequency does 
not cause equipment to become inoperable. The only effect of the 
additional time allowed to perform a missed surveillance on the margin 
of safety is the extension of the time until inoperable equipment is 
discovered to be inoperable by the missed surveillance. However, given 
the rare occurrence of inoperable equipment, and the rare occurrence of 
a missed surveillance, a missed surveillance on inoperable equipment 
would be very unlikely. This must be balanced against the real risk of 
manipulating the plant equipment or condition to perform the missed 
surveillance. In addition, parallel trains and alternate equipment are 
typically available to perform the safety function of the equipment not 
tested. Thus, there is confidence that the equipment can perform its 
assumed safety function. Therefore, this change does not involve a 
significant reduction in a margin of safety.
    Based upon the reasoning presented above and the previous 
discussion of the amendment request, the requested change does not 
involve a significant hazards consideration.
[Administrative Changes]
    The proposed TS and licensing basis changes are administrative 
changes to revise current position titles to reflect equivalent 
position titles in use by EGC at other fleet nuclear facilities.
    The revision of the collective experience of the PORC membership to 
include Regulatory Assurance experience is equivalent to the current 
requirement for Experience Assessment experience. The functions of the 
Regulatory Assurance group remain essentially unchanged due to merger 
initiatives. The Regulatory Assurance group is the site process owner 
for the corrective action process (CAP), the self assessment process, 
the PORC process, the commitment tracking process, the operating 
experience process, support of NRC inspections and issue closure. 
Therefore, there is no reduction in PORC member qualification 
requirements due to this change.
    The requirement for the ``Operations Manager'' to hold a senior 
reactor operator license is equivalent to the requirement for the Sr. 
Manager--Operations or an Operations Manager to hold a senior reactor 
operator license.
    Based on the above discussion, the proposed TS changes do not 
involve a significant reduction in a margin of safety.

    The NRC staff has reviewed the licensee's incorporation by 
reference of the analysis for missed surveillances which is part of the 
CLIIP, and the licensee's analysis of the administrative changes. 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 NSHC.
    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 NSHC. 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 26, 2002, 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,\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-

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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 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 NSHC. The final determination will serve 
to decide when the hearing is held.
    If the final determination is that the amendment request involves 
NSHC, 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 (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 Mr. Edward Cullen, Vice President, General Counsel and 
Secretary, Exelon Generation Company, LLC, 300 Exelon Way, Kennett 
Square, PA 19348, 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 May 14, 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 21st day of August 2002.

    For the Nuclear Regulatory Commission.
John P. Boska,
Acting Project Manager, Section 2, Project Directorate I, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 02-21749 Filed 8-26-02; 8:45 am]
BILLING CODE 7590-01-P