[Federal Register Volume 68, Number 177 (Friday, September 12, 2003)]
[Notices]
[Pages 53758-53760]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-23252]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-498 and 50-499]
STP Nuclear Operating Company; 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) is considering
issuance of amendments to Facility Operating License (FOL) Nos. NPF-76
and NPF-80, issued to STP Nuclear Operating Company (the licensee), for
operation of South Texas Project (STP), Units 1 and 2, respectively.
STP, Units 1 and 2, are located in Matagorda County, Texas.
The proposed amendments would delete the antitrust conditions
contained in Appendix C to the FOLs for STP, Units 1 and 2. According
to the application, the antitrust license conditions attached to the
STP, Units 1 and 2, FOLs relate generally to transmission access,
market power protection, or unique case-specific matters. In its
application, the licensee states primarily that the antitrust license
conditions relating to transmission access and market power are no
longer necessary because of Texas's adoption of a comprehensive
electric restructuring system that guards against anticompetitive
practices in the transmission market as well as abuses in generation
market power. The licensee also indicates that the changes in the
electric industry render unnecessary the application of these antitrust
conditions. The licensee maintains that, in addition to being
unnecessary, the existing antitrust conditions could operate to thwart
the intent and purpose of the Texas restructuring legislation.
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 involve 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 amendments would not:
(1) Involve a significant increase in the probability or consequences
of an accident previously evaluated; (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 Title 10 of the Code of Federal Regulations (10
CFR), section 50.91(a), the licensee has provided its analysis of the
issue of no significant hazards consideration, which is presented
below:
1. Does the proposed change involve a significant increase in the
probability or consequences of an accident previously evaluated?
Response: No.
This request involves an administrative change only. The Operating
Licenses are being changed to remove unnecessary and outdated antitrust
conditions. No actual plant equipment or accident analyses will be
affected by the proposed changes. Therefore, this request will have no
impact on the probability or consequences of any type of accident: new,
different, or previously evaluated.
2. Does the proposed change create the possibility of a new or
different kind of accident from any accident previously evaluated?
Response: No.
This request involves an administrative change only. The Operating
Licenses are being changed to remove unnecessary and outdated antitrust
conditions. No actual plant equipment or accident analyses will be
affected by the proposed change and no failure modes not bounded by
previously evaluated accidents will be created. Therefore, this request
will have no impact on the possibility of any type of accident: new,
different, or previously evaluated.
3. Does the proposed change involve a significant reduction in a
margin of safety?
Response: No.
Margin of safety is associated with confidence in the ability of
the fission product barriers (i.e., fuel and fuel cladding, Reactor
Coolant System pressure boundary, and containment structure) to limit
the level of radiation dose to the public. This request involves an
administrative change only. The Operating Licenses are being changed to
remove unnecessary and outdated antitrust conditions.
No actual plant equipment or accident analyses will be affected by
the proposed change. Additionally, the proposed change will not relax
any criteria used to establish safety limits, safety systems settings,
or any limiting
[[Page 53759]]
conditions of operations. Therefore, this request will not impact [a]
margin of safety.
The NRC staff has reviewed the licensee's analysis and notes that
it does not agree that the requested amendments can properly be
characterized as involving only ``administrative changes.''
Nevertheless, based on the NRC staff's review, it appears that the
three standards of 10 CFR 50.92(c) are satisfied notwithstanding its
view that the requested amendments do not involve only administrative
changes. Therefore, the NRC staff proposes to determine that the
amendments request involve no significant hazards consideration. The
staff previously made this conclusion which was published in the
Federal Register (67 FR 61685 dated October 1, 2002).
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
facilities, 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, Public File Area, O-1F21, 11555
Rockville Pike (first floor), Rockville, Maryland.
The filing of requests for hearing and petitions for leave to
intervene is discussed below.
By October 14, 2003, the licensee may file a request for a hearing
with respect to issuance of the amendments to the subject FOLs 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,
Public File Area, 0-1F21, 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
(PDR) 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.
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
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 requested involve
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 requested involve
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
[[Page 53760]]
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, Public File Area O1 F21, 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 request for
hearing and petition for leave to intervene 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 Alvin H. Gutterman, Esq., Morgan, Lewis, & Bockius, 1111
Pennsylvania NW., Washington, DC 20004, 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 August 20, 2002, which is available
for public inspection at the Commission's PDR, located at One White
Flint North, File Public Area O1 F21, 11555 Rockville Pike (first
floor), Rockville, Maryland. Publicly available records will be
accessible electronically 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 8th day of September, 2003.
For the Nuclear Regulatory Commission
David H. Jaffe,
Senior Project Manager, Section 1, Project Directorate IV, Division of
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 03-23252 Filed 9-11-03; 8:45 am]
BILLING CODE 7590-01-P