[Federal Register Volume 70, Number 158 (Wednesday, August 17, 2005)]
[Notices]
[Pages 48443-48444]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-4483]



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NUCLEAR REGULATORY COMMISSION

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


FirstEnergy Nuclear Operating Company (FENOC), et al.; Notice of 
Consideration of Issuance of Amendments to Facility Operating Licenses 
and Opportunity for a Hearing

    The U.S. Nuclear Regulatory Commission (the Commission) is 
considering issuance of amendments 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 and 2) located 
in Beaver County, Pennsylvania.
    The proposed amendments would revise the BVPS-1 and 2 Facility 
Operating Licenses to allow operation at a maximum authorized power 
level of 2900 megawatts thermal (MWt), from the current maximum 
authorized power level of 2689 MWt. This represents an approximate 8% 
increase in the maximum authorized power level and is categorized as an 
extended power uprate (EPU). The proposed amendments would authorize 
operation of BVPS-1 with replacement Model 54F steam generators (SGs) 
installed. The proposed amendments would authorize the use of an 
alternate source term (AST) in accordance with Title 10 of the Code of 
Federal Regulations (10 CFR), part 50, Section 50.67, ``Accident source 
term.'' Specific guidance for AST implementation is contained in 
Regulatory Guide 1.183, ``Alternative Radiological Source Terms for 
Evaluating Design Basis Accidents at Nuclear Power Reactors.'' The 
licensee has superseded the portion of this amendment request related 
to the BVPS-1 SG replacement by its applications dated April 13, 2005, 
for BVPS-1 SG replacement. Specific Technical Specification (TS) 
changes requested to support the EPU include: (1) Revising the 
definition of Rated Thermal Power, (2) revising fuel assembly specific 
departure from nucleate boiling ratios and correlations, (3) raising 
the maximum temperature of the refueling water storage tank, (4) 
modifying Overtemperature [Delta]T and Overpower [Delta]T equations for 
BVPS-1 only, (5) revising the SG water level low-low and high-high trip 
setpoints for BVPS-1 only, (6) revising the required SG secondary side 
level in Modes 4 and 5 for BVPS-1 only, (7) raising the tolerance 
settings for the pressurizer safety valves, (8) revising the SG TSs to 
reflect the replacement SGs for BVPS-1 only, (9) revising the SG TS 
tube sleeve reference and the TIG (tungsten inert gas) welded SG sleeve 
repair limit for BVPS-2 only, (10) revising the specific activity for 
the primary coolant system for BVPS-1 only, (11) increasing the band 
for accumulator water volume and nitrogen pressure, (12) revising the 
required charging pump discharge pressure for reactor coolant pump seal 
injection flow, (13) revising the tolerance settings for the main steam 
safety valves (MSSVs), (14) changing the allowable power limits 
associated with inoperable MSSVs, (15) revising the primary plant 
demineralized water storage tank volume, (16) revising the specific 
activity of the secondary coolant system for BVPS-1 only, and (17) 
adding WCAP-14565 and WCAP-15025 to the list of NRC-approved 
methodologies in TS 6.9.5.
    In addition, the licensee has requested numerous TS changes that 
are not directly related to the EPU request. These include: (1) 
Deleting the Power Range, Neutron Flux High Negative Rate trip, (2) 
adding a footnote to Table 3.3-3, ``Engineered Safety Features 
Actuation System Instrumentation,'' concerning time constraints for 
steamline pressure low for BVPS-1 only, (3) removing the boron 
injection tank concentration TS for BVPS-1 only, and (4) renaming the 
boron injection tank flow path TS for BVPS-1 only. Administrative TS 
changes to remove the amendment number from the operating licenses in 
paragraphs 2.C(2) for BVPS-1 and 2 and to correct an inconsistency 
regarding a referenced permissive for BVPS-1 were also proposed.
    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.
    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 public document room (PDR), located at One White Flint 
North, Public File Area O-1F21, 11555 Rockville Pike (first floor), 
Rockville, Maryland. Publicly available records will be accessible from 
the Agencywide Documents Access and Management System's (ADAMS's) 
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/
requestor 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 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. The 
petition must include 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

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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.
    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(a)(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 amendment dated October 4, 2004, and supplements dated 
February 23, May 26, and July 8, 2005, which are available for public 
inspection at the Commission's PDR, located at One White Flint North, 
Public File Area O-1F21, 11555 Rockville Pike (first floor), Rockville, 
Maryland. Publicly available records will be accessible electronically 
from the 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 11th day of August, 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. E5-4483 Filed 8-16-05; 8:45 am]
BILLING CODE 7590-01-P