[Federal Register Volume 67, Number 210 (Wednesday, October 30, 2002)]
[Notices]
[Pages 66170-66172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-27587]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-373 and 50-374]


Notice of Consideration of Issuance of Amendment to Facility 
Operating License, Proposed No Significant Hazards Consideration 
Determination, and Opportunity for a Hearing; Exelon Generation 
Company, LLC, LaSalle County Station, Units 1 and 2

    The U.S. Nuclear Regulatory Commission (the Commission) is 
considering issuance of amendments to Facility Operating License Nos. 
NPF-11 and NPF-18 issued to Exelon Generation Company, LLC (the 
licensee), for operation of the LaSalle County Station, Units 1 and 2, 
respectively, located in LaSalle County, Illinois.
    The proposed amendments would extend the use of the current 
pressure and temperature (P/T) limit curves in Technical Specification 
(TS) 3.4.11, ``RCS Pressure and Temperature (P/T) Limits,'' until 
December 15, 2004. The proposed change will allow sufficient time for 
the incorporation of the General Electric Topical Report NEDC-32983P, 
``General Electric Methodology for Reactor Pressure Vessel Fast Neutron 
Flux Evaluation,'' methodology into the P/T curves in TS 3.4.11. There 
are no TS page changes associated with this change.
    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 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), the licensee has provided its analysis of the issue 
of no significant hazards consideration, which is presented below:

    1. Does the change involve a significant increase in the 
probability or consequences of an accident previously evaluated?
    The proposed change requests for LaSalle County Station, Units 1 
and 2, that the current pressure and temperature (P/T) limit curves 
in TS 3.4.11, ``RCS Pressure and Temperature (P/T) Limits,'' remain 
acceptable for use until December 15, 2004. The proposed change is 
to allow sufficient time for the incorporation of the General 
Electric Topical Report NEDC-32983P, ``General Electric Methodology 
for Reactor Pressure Vessel Fast Neutron Flux Evaluation,'' 
methodology into the P/T curves in TS 3.4.11. NEDC-32983P 
methodology has been previously approved by the NRC for use by 
licensees. The P/T limits are prescribed during normal operation to 
avoid encountering pressure, temperature, and temperature rate of 
change conditions that might cause undetected flaws to propagate and 
cause nonductile failure of the reactor coolant pressure boundary, a 
condition that is unanalyzed. Thus, the proposed change does not 
have any affect on the probability of an accident previously 
evaluated.
    The P/T curves are used as operational limits during heatup or 
cooldown maneuvering, when pressure and temperature indications are 
monitored and compared to the applicable curve to determine that 
operation is within the allowable region. The P/T curves provide 
assurance that station operation is consistent with previously 
evaluated accidents. Thus, the radiological consequences of any 
accident previously evaluated are not increased.

[[Page 66171]]

    Therefore, the proposed change does not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    2. Does the change create the possibility of a new or different 
kind of accident from any accident previously evaluated?
    The proposed change does not change the control parameters 
governing unit operation or the response of plant equipment to 
transient conditions. The proposed change does not introduce any new 
equipment, modes of system operation or failure mechanisms.
    Therefore, the proposed change does not create the possibility 
of a new or different kind of accident from any previously 
evaluated.
    3. Does the change involve a significant reduction in a margin 
of safety?
    The proposed change for LaSalle County Station is to allow 
sufficient time for the incorporation of the General Electric 
Topical Report NEDC-32983P methodology into the P/T curves in TS 
3.4.11. NEDC-32983P methodology has been previously approved by the 
NRC for use by licensees. EGC has performed new fluence calculations 
using NEDC-32983P methodology for LaSalle County Station Units 1 and 
2 and compared the results from these calculations to the current TS 
3.4.11 P/T curves. The results of the fluence calculation 
comparisons demonstrate that the current P/T curves in TS 3.4.11 
remain valid until at least 15.7 Effective Full Power Years (EFPY). 
As of June 1, 2002, LaSalle County Station Unit 1 operating time was 
approximately 11.6 EFPY and Unit 2 was approximately 11.0 EFPY. 
Considering a 100% capacity factor, 15.7 EFPY will not be reached on 
either unit until after June 2006.
    EGC is currently scheduled to submit to the NRC a proposed 
change to TS 3.4.11 in November 2002. The proposed changes will 
utilize NEDC-32983P methodology to calculate the P/T curves in TS 
3.4.11 for LaSalle County Station Units 1 and 2.
    The request that the current P/T curves remain valid until 
December 15, 2004, is based on the above information that using 
NEDC-32983P methodology, the current TS 3.4.11 P/T curves remain 
valid during this period of time.
    Therefore, the proposed changes do not involve a significant 
reduction in a margin of safety.
    Based upon the above, EGC concludes that the proposed amendment 
presents no significant hazards consideration under the standards 
set forth in 10 CFR5O.92(c), and, accordingly, a finding of ``no 
significant hazards consideration'' is justified.

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 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 [insert date 30 days from date of publication], 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, 301-415-4737, 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. For the complete, 
corrected text of 10 CFR 2.714(d), please see 67 FR 20884; April 29, 
2002.''
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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

[[Page 66172]]

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 (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 Edward J. Cullen, Deputy General Counsel, Exelon BSC--Legal, 
2301 Market Street, Philadelphia, PA 19101, 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 October 21, 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 24th day of October 2002.

    For the Nuclear Regulatory Commission.
William A. Macon, Jr.,
Project Manager, Section 2, Project Directorate III, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 02-27587 Filed 10-29-02; 8:45 am]
BILLING CODE 7590-01-P