[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]


-----------------------------------------------------------------------

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