[Federal Register Volume 70, Number 67 (Friday, April 8, 2005)]
[Notices]
[Pages 18058-18061]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-1618]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-352 and 50-353]
Exelon Generation Company, LLC; 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 Commission or NRC) is
considering issuance of amendments to Facility Operating License No.
NPF-39 and NPF-85, issued to Limerick Generating Station, Units 1 and
2, Montgomery County, Pennsylvania.
The proposed amendments would delete requirements from the
Technical Specifications (TS) to submit monthly operating reports and
annual occupational radiation exposure reports.
[[Page 18059]]
The changes are consistent with Revision 1 of NRC-approved Industry/
Technical Specifications Task Force (TSTF) Standard Technical
Specification Change Traveler, TSTF-369, ``Removal of Monthly Operating
and Occupational Radiation Exposure Report.'' The availability of this
TS improvement was announced in the Federal Register (69 FR 35067) on
June 23, 2004, as part of the Consolidated Line Item Improvement
Process (CLIIP).
The NRC staff issued a notice of availability of a model no
significant hazards consideration (NSHC) determination for referencing
in license amendment applications in the Federal Register on September
25, 2003 (68 FR 55416). The licensee affirmed the applicability of the
model NSHC determination in its application dated October 21, 2004, as
supplemented by letter dated January 4, 2005.
The licensee requested approval of the license amendment in an
application dated October 21, 2004, as supplemented January 4, 2005,
and requested approval by April 29, 2005. The application constituted a
timely submittal for an amendment. However, due to an administrative
oversight and to meet the licensee's requested date, a 14-day public
comment period will be provided in accordance with the provisions of
Section 50.91(a)(6) of Title 10 of the Code of Federal Regulations (10
CFR). That regulation states that where the Commission finds that
exigent circumstances exist, in that a licensee and the Commission must
act quickly and that time does not permit the Commission to publish a
Federal Register notice (FRN) allowing 30 days for prior public
comment, and it also determines that the amendment involves no
significant hazards considerations, it may issue an FRN providing
notice of an opportunity for hearing and allowing at least two weeks
from the date of the notice for prior public comment.
Section 50.90(a)(6)(vi) of 10 CFR provides that the Commission will
require the licensee to explain the exigency and why the licensee was
unable to avoid it. Here, as noted above, the exigency was created by
an administrative oversight of the NRC staff and could not have been
avoided by the licensee.
This TS improvement is consistent with the NRC TSTF process. The
NRC staff interacted extensively with licensees, industry
organizations, and other stakeholders during the development of this
TSTF as demonstrated in the FRN published on September 25, 2003, and
June 23, 2004. The licensee stated that its application does not
contain any variations or deviations from the TS changes described in
TSTF-369, Revision 1, or in the model safety evaluation dated June 16,
2004. Therefore, the NRC staff has determined that the interaction
conducted during the development of this TSTF constituted an extensive
opportunity for public comments and, consequently, the 14-day prior
comment period is adequate for the issuance of this proposed TS
amendment, in accordance with the exigent provisions of 10 CFR
50.91(a)(6).
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.
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; (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:
Criterion 1--The proposed change does not involve a significant
increase in the probability or consequences of an accident previously
evaluated.
The proposed change eliminates the Technical Specifications
(TSs) reporting requirements to provide a monthly operating report
of shutdown experience and operating statistics if the equivalent
data is submitted using an industry electronic database. It also
eliminates the TS reporting requirement for an annual occupational
radiation exposure report, which provides information beyond that
specified in NRC regulations. The proposed change involves no
changes to plant systems or accident analyses. As such, the change
is administrative in nature and does not affect initiators of
analyzed events or assumed mitigation of accidents or transients.
Therefore, the proposed change does not involve a significant
increase in the probability or consequences of an accident
previously evaluated.
Criterion 2--Does the proposed change create the possibility of a new
or different kind of accident from any accident previously evaluated?
The proposed change does not involve a physical alteration of
the plant, add any new equipment, or require any existing equipment
to be operated in a manner different from the present design.
Therefore, the proposed change does not create the possibility of a
new or different kind of accident from any accident previously
evaluated.
Criterion 3--Does the proposed change involve a significant reduction
in a margin of safety?
This is an administrative change to reporting requirements of
plant operating information and occupational radiation exposure
data, and has no effect on plant equipment, operating practices or
safety analyses assumptions. For these reasons, the proposed change
does not involve a significant reduction in the 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 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. 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
[[Page 18060]]
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.
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 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 2.309, 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/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 Mr. Thomas S. O'Neill,
Associate General Counsel, Exelon Generation Company, LLC, 4300
Winfield Road, Warrenville, IL 60555, attorney for the licensee.
For further details with respect to this action, see the
application for amendment dated October 21, 2004, as supplemented by
letter dated January 4, 2005, which is 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 at Rockville, Maryland, this 1st day of April 2005.
[[Page 18061]]
For the Nuclear Regulatory Commission.
Stephen P. Sands,
Project Manager, Section 2, Project Directorate III, Division of
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. E5-1618 Filed 4-7-05; 8:45 am]
BILLING CODE 7590-01-P