[Federal Register Volume 70, Number 37 (Friday, February 25, 2005)]
[Notices]
[Pages 9391-9393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-3769]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-334 and 50-412]


FirstEnergy Nuclear Operating Company (FENOC); 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 (the NRC or Commission) is 
considering issuance of an amendment to Facility Operating License Nos. 
DPR-66 and NPF-73, issued to FENOC (the licensee), for operation of the 
Beaver Valley Power Station, Unit Nos. 1 and 2 (BVPS-1, BVPS-2), 
located in Beaver County, Pennsylvania.
    The proposed amendments would revise the Technical Specifications 
(TSs) to lower the BVPS-2 overpressure protection system (OPPS) enable 
temperature, allow one residual heat removal (RHR) loop to be 
inoperable for surveillance testing, remove the TS List of Figures and 
List of Tables from the BVPS-1 TSs, and make various minor changes to 
achieve consistency between units and with the Standard TSs for 
Westinghouse plants and with some TS Task Force changes.
    On February 17, 2005, the licensee determined that the requirements 
of Title 10 of the Code of Federal Regulations (10 CFR), Section 
50.91(a)(2) have not been satisfied, in that Notice for Public Comment 
on the above referenced license amendment requests had not been 
published in the Federal Register. The licensee further determined that 
there would be insufficient time to provide for the normal 30-day 
notice prior to the approval and implementation of the amendment 
without requiring plant shutdown. The licensee stated that it complied 
with all applicable requirements for completeness and timeliness in 
submitting the above license amendment application. Approval had been 
requested by February 15, 2005, to support revision of the existing 
BVPS-2 Pressure/Temperature limit curves prior to their expiration in 
mid-March 2005. In light of the above situation, the licensee has 
requested that the NRC consider these circumstances exigent and 
requests that further processing of the license amendment requests be 
completed under the provisions of 10 CFR 50.91(a)(6).
    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.
    Pursuant to 10 CFR 50.91(a)(6) for amendments to be granted under 
exigent circumstances, the NRC staff must determine that the amendment 
request involves 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 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 proposed change involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No. The modification to the Applicability of TS 3.4.3, 
Safety Valves, provides alignment with the Applicability of TS 
3.4.9.3, Overpressure Protection Systems, such that the TS assures 
that overpressure protection is specified over all operational 
modes.
    The modification and deletion of Notes associated with RCS 
[reactor coolant system] injection capability of the charging pumps 
during Mode transitioning results in a single Note that controls the 
charging pump restrictions and is consistent with the STS [standard 
technical specifications]. As a result the charging pump RCS 
injection capabilities during Mode transitioning restrictions are 
either not changed or made more restrictive by the proposed changes.

[[Page 9392]]

    The Unit 2 OPPS analysis documents that the TS imposed primary 
to secondary temperature restriction on starting each of the RCPs 
[reactor coolant pumps] is necessary for only the first RCP because 
thermal equilibrium of the reactor coolant system (RCS) is achieved 
shortly after the first pump is started. As a result a RCS heat 
injection event continues to be precluded.
    The change from 15 minutes to 1 hour for charging pump swapping 
operations will not result in a significant increase in the 
probability of a low temperature overpressure event because the 
overall time allowed for pump swapping is short. Although the 
increase in time permits two charging pumps being capable of RCS 
injection during the Applicability of the OPPS TS, the hour is very 
short and permitted only for pump swapping operations. These 
operations are deliberate actions that are well controlled and 
accomplished in the shortest time possible.
    The addition of a Note associated with the testing of a RHR pump 
will not result in a significant increase in the probability of an 
accident during Mode 5 because the RHR pumps are not an accident 
initiator and will not result in a significant increase in the 
consequences of a Mode 5 accident because the required cooling 
capability will be provided by the RHR train that is required to be 
in operation during the surveillance test of the inoperable RHR 
pump.
    The additional restrictions imposed on removing the reactor 
coolant pumps and residual heat removal pumps from operation during 
Modes 4 and 5 further restrict removing these pumps from operation, 
thereby providing greater assurance the pumps will be operable when 
required.
    The other changes, i.e., elimination of duplicated TS 
requirements, renumbering and reordering of various Notes and the 
deletion of the Unit 2 List of Figures and Tables, are made to 
improve the consistency between the BVPS TS and with the STS and 
have no affect on plant operations.
    None of the proposed changes are initiators of any accident 
previously evaluated. Therefore, the probability of an accident 
previously evaluated is not significantly increased. The 
consequences of an accident are also not affected by the proposed 
changes because none of the proposed changes will result in a change 
in the effluent that may be released offsite, the release duration 
or the release path.
    Therefore, the proposed changes do not involve a significant 
increase in the probability or consequences of an accident 
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. None of the proposed changes involve a physical 
alteration of the plant (no new or different type of equipment will 
be installed) or a change in the operation of plant equipment. 
Entering into the applicability of a TS, or utilization of the 
applicable Notes, will not introduce new failure modes or effects 
and will not, in the absence of other unrelated failures, lead to an 
accident whose consequences exceed the consequences of accidents 
previously evaluated.
    Therefore, the proposed changes do not create the possibility of 
a new or different kind of accident from any previously evaluated.
    3. Does the proposed change involve a significant reduction in a 
margin of safety?
    Response: No. None of the proposed changes impact the existing 
margin of safety. The proposed changes assure that the affected 
components and systems are operable or incapable of RCS injection 
when required, thereby maintaining the existing margin of safety.
    Therefore, the proposed changes do not involve a significant 
reduction in a margin of safety.

    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 14 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 14-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 14-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. 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 
(PDR), 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.
    Within 60 days after the date of publication of this notice, the 
licensee may file a request for a hearing with respect to issuance of 
the amendments 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 2.309, which is available at the 
Commission's PDR, located at One White Flint North, Public File Area 
01F21, 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/doc-collections/cfr/. If a request for a hearing or 
petition for leave to intervene is filed by the above date, the 
Commission or a presiding officer designated by the Commission or by 
the Chief Administrative Judge of the Atomic Safety and Licensing Board 
Panel, will rule on the request and/or petition; and the Secretary or 
the Chief Administrative Judge of the Atomic Safety and Licensing Board 
will issue a notice of a hearing or an appropriate order.
    As required by 10 CFR 2.309, 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 general requirements: (1) The name, address and telephone 
number of the requestor or petitioner; (2) the nature of the 
requestor's/petitioner's right under the Act to be made a party to the 
proceeding; (3) the nature and extent of the requestor's/petitioner's 
property, financial, or other interest in the proceeding; and (4) the 
possible effect of any decision or order which may be entered in the 
proceeding on the requestor's/petitioner's interest. The petition must 
also identify the specific contentions which the petitioner/

[[Page 9393]]

requestor seeks to have litigated at the proceeding.
    Each contention must consist of a specific statement of the issue 
of law or fact to be raised or controverted. In addition, the 
petitioner/requestor shall provide a brief explanation of the bases for 
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/requestor must also provide references to those specific 
sources and documents of which the petitioner/requestor is aware and on 
which the petitioner/requestor intends to rely to establish those facts 
or expert opinion. The petitioner/requestor 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/
requestor to relief. A petitioner/requestor who fails to satisfy 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.
    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.
    Nontimely requests and/or petitions and contentions will not be 
entertained absent a determination by the Commission or the presiding 
officer of the Atomic Safety and Licensing Board that the petition, 
request and/or the contentions should be granted based on a balancing 
of the factors specified in 10 CFR 2.309(c)(1)(i)-(viii).
    A request for a hearing or a petition for leave to intervene must 
be filed by: (1) First class mail addressed to the Office of the 
Secretary of the Commission, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, Attention: Rulemaking and Adjudications 
Staff; (2) courier, express mail, and expedited delivery services: 
Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland, 20852, Attention: Rulemaking and 
Adjudications Staff; (3) e-mail addressed to the Office of the 
Secretary, U.S. Nuclear Regulatory Commission, [email protected]; 
or (4) facsimile transmission addressed to the Office of the Secretary, 
U.S. Nuclear Regulatory Commission, Washington, DC, Attention: 
Rulemakings and Adjudications Staff at (301) 415-1101, verification 
number is (301) 415-1966. 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 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 Mary O'Reilly, 
FirstEnergy Nuclear Operating Company, FirstEnergy Corporation, 76 
South Main Street, Akron, OH 44308, attorney for the licensee.
    For further details with respect to this action, see the 
application for amendments dated June 1, 2004, as supplemented July 23, 
2004, and February 18, 2005, which are available for public inspection 
at 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. 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.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 in Rockville, Maryland, this 22nd day of February 2005.

    For the Nuclear Regulatory Commission.

Timothy G. Colburn,
Senior Project Manager, Section 1, Project Directorate I, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 05-3769 Filed 2-24-05; 8:45 am]
BILLING CODE 7590-01-P