[Federal Register Volume 67, Number 179 (Monday, September 16, 2002)]
[Notices]
[Page 58437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-23463]



[[Page 58437]]

=======================================================================
-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[Docket No. 50-482]


Wolf Creek Nuclear Operating Corporation; Notice of Partial 
Denial of Amendment to Facility Operating License and Opportunity for 
Hearing

    The U.S. Nuclear Regulatory Commission (NRC or the Commission) has 
denied part of a request by Wolf Creek Nuclear Operating Corporation 
(the licensee) for an amendment to Facility Operating License No. NPF-
42 issued to the licensee for operation of the Wolf Creek Generating 
Station (WCGS), located in Coffey County, Kansas.
    Notice of Consideration of Issuance of this amendment was published 
in the Federal Register on July 26, 2000 (65 FR 46010).
    The purpose of the licensee's amendment request was to revise 
Appendix C, ``Antitrust Conditions for Kansas Gas and Electric Company 
[KGE],'' for the WCGS operating license. The revisions (1) add a 
statement that the antitrust conditions do not restrict the rights of 
Kansas Electric Power Cooperative, Inc. (KEPCo) or the duties of Kansas 
Gas and Electric Company (KGE), that may exist beyond, and are not 
inconsistent with the antitrust conditions, (2) define ``KGE members in 
licensee's service area'' in the appendix to include all KEPCo members 
with facilities in Western Resources' and KGE's combined service area, 
(3) delete license conditions restricting KEPCo's use of the power from 
WCGS, (4) remove out-of-date conditions, and (5) update conditions to 
be consistent with the terms and conditions of Western Resources' 
Federal Energy Regulatory Commission (FERC) open access transmission 
tariff. Western Resources is the parent company of KGE.
    The NRC staff has concluded that the licensee's proposed deletion 
of part of Antitrust Condition 2(a) that KGE shall offer an opportunity 
to participate in other nuclear generating unit(s) (other than WCGS) 
which KGE may construct, own, and operate, and the proposed deletion of 
references to Condition 2(a) in Appendix C cannot be granted. The basis 
for the NRC staff's denial and a more complete description of what part 
of Condition 2(a) cannot be granted, are documented in the safety 
evaluation dated September 6, 2002, that supported Amendment No. 147 
that approved the remaining parts of the licensee's proposed amendment. 
The licensee was notified of the Commission's partial denial of the 
proposed change by letter dated September 6, 2002.
    By 30 days from the date of publication of this notice in the 
Federal Register, the licensee may demand a hearing with respect to the 
denial described above. Any person whose interest may be affected by 
this proceeding may file a written petition for leave to intervene.\1\
---------------------------------------------------------------------------

    \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.''
---------------------------------------------------------------------------

    A request for hearing or 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 
continuing disruptions in delivery to mail to U.S. 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 any petitions 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 U.S. 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 any petitions 
should also be sent to Jay Silberg, Esq., Shaw, Pittman, Potts & 
Trowbridge, 2300 N Street, NW, Washington, DC 20037, attorney for the 
licensee.
    For further details with respect to this action, see (1) the 
application for amendment dated June 27, 2000, and its supplements 
dated January 31, 2001, May 2, 2001, October 30, 2001, and May 10, 
2002, and (2) the Commission's letter to the licensee dated September 
6, 2002.
    Documents may be examined, and/or copied for a fee, at the NRC's 
PDR, located at One White Flint North, 11555 Rockville Pike (first 
floor), Rockville, Maryland, and will be accessible electronically 
through the Agencywide Documents Access and Management System's Public 
Electronic Reading Room link 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 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 6th day of September 2002.

    For the Nuclear Regulatory Commission.
William H. Ruland,
Director, Project Directorate IV, Division of Licensing Project 
Management, Office of Nuclear Reactor Regulation.
[FR Doc. 02-23463 Filed 9-13-02; 8:45 am]
BILLING CODE 7590-01-P