[Federal Register Volume 71, Number 55 (Wednesday, March 22, 2006)]
[Notices]
[Pages 14554-14558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-4153]
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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 Licenses
and Opportunity for a Hearing
The U.S. Nuclear Regulatory Commission (the 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 and 2) located
in Beaver County, Pennsylvania.
The proposed amendments requested by the licensee's February 25,
2005, license amendment request (LAR) would represent a full conversion
from the current Technical Specifications (CTS) to a set of improved
Technical Specifications (ITS) based on NUREG-1431, ``Standard
Technical Specifications (STS) for Westinghouse Plants,'' Revision 2,
dated April 2001. Some additional changes were proposed by the licensee
to make the resulting ITS more consistent with Revision 3 of NUREG-1431
dated June 2004. The proposed amendments would also consolidate the
BVPS-1 and 2 TSs into a single set of ITS applicable to both units. The
attachment to the licensee's February 25, 2005, LAR consists of 10
volumes.
Volume 1 contains a copy of the licensee's transmittal letter, a
detailed description of the contents and organization of the BVPS ITS
conversion LAR, a status of Technical Specification Task Force (TSTF)
changes to NUREG-1431, Revisions 2 and 3, a status of pending LARs, a
list of beyond scope changes (BSIs), a CTS ``roadmap'' showing the
disposition of each BVPS CTS and its relation to the proposed BVPS ITS
in CTS order, an improved STS ``roadmap'' showing the correspondence of
each improved STS to the proposed BVPS ITS and CTS in improved STS
order, and the licensee's evaluation of environmental considerations
for the proposed ITS conversion LAR.
NUREG-1431 has been developed by the Commission's staff through
working groups composed of both NRC staff members and industry
representatives, and has been endorsed by the NRC staff as part of an
industry-wide initiative to standardize and improve the Technical
Specifications (TSs) for nuclear power plants. As part of this
submittal, the licensee has applied the criteria contained in the
Commission's ``Final Policy Statement on Technical Specification
Improvements for Nuclear Power Reactors (Final Policy Statement),''
published in the Federal Register on July 22, 1993 (58 FR 39132), to
the CTS and using NUREG-1431 as a basis, proposed an ITS for BVPS-1 and
2. The criteria in the Final Policy Statement was subsequently added to
Title 10 of the Code of Federal Regulations (10 CFR), Section 50.36,
Technical specifications,'' in a rule change that was published in the
Federal Register on July 19, 1995 (60 FR 36953) and became effective on
August 18, 1995.
In addition to the conversion, the licensee also proposed 30 BSIs
where the proposed requirements are different from the CTS and the STS
of NUREG-1431. These include 25 items identified by the licensee as
BSIs and 5 additional items that consist of TSTF Traveler Items that
were pending at the time of the licensee's application, and which the
NRC staff has determined it will treat as BSIs. The BSIs are identified
later in this notice.
This notice is based on the application dated February 25, 2005,
and the information provided to the NRC through the BVPS-1 and 2 ITS
Conversion Web page. To expedite its review of the application, the NRC
staff issued its requests for additional information (RAIs) through the
BVPS-1 and 2 ITS Conversion Web page and the licensee addressed the
RAIs by providing responses on the Web page. Entry into the database is
protected so that only licensee and NRC reviewers can enter information
into the database to add RAIs (NRC) or providing responses to the RAIs
(licensee); however, the public can enter the database to only read the
questions asked and the responses provided. To be in compliance with
the regulations for written communications for license amendment
requests and to have the database on the BVPS-1 and 2 dockets before
the amendments would be issued, the licensee will submit a copy of the
database in a submittal to the NRC after there are no further RAIs and
before the amendments would be issued. The public can access the
database through the NRC Web site at http://www.nrc.gov by the
following process: (1) Click on the tab labeled ``Nuclear Reactors'' on
the NRC home page along the upper part of the Web page, (2) then click
on the link to ``Power Reactors'' which is under ``Regulated Reactors''
on the left hand side of the Web page, (3) then click on the link to
``Improved Standard Technical Specifications'' which is on right hand
side of the page, (4) then click on the link for ``Improved Technical
Specifications Data Base'' at the bottom of the page under the heading
``Conversion to Standard Technical Specifications,'' and (5) finally,
click on the link to ``Beaver Valley Power Station Licensing
Database,'' near the middle of the Web page, to open the database. The
RAIs and responses to RAIs are organized by ITS Sections 1.0, 2.0, 3.0,
3.1 through 3.9, 4.0, and 5.0, and/or the BSI numbers. For most listed
ITS sections or BSIs, there is an RAI which can be read by clicking on
the ITS section or BSI number. The licensee's responses are shown by a
solid triangle adjacent to the ITS section or BSI number, and, to read
the response, you click on the triangle. To page down through the ITS
sections
[[Page 14555]]
to the BSIs, click on ``next'' along the top of the page or on
``previous'' to return to the previous page.
The licensee has categorized the proposed changes to the CTS into
five general groupings within the description of changes (DOC) section
of the application. These groupings are characterized as administrative
changes (i.e., ITS x.x, DOC A.xx), more restrictive changes (i.e., ITS
x.x, DOC M.xx), relocated specifications (i.e., ITS x.x, DOC R.xx),
removed detail changes (i.e., ITS x.x, DOC LA.xx), and less restrictive
changes (i.e., ITS x.x, DOC L.xx). This is to say that the DOCs are
numbered sequentially within each letter designator for each ITS
Chapter, Section, or Specification, and the designations are A.xx for
administrative changes, M.xx for more restrictive changes, R.xx for
relocated specifications, LA.xx for removed detail changes, and L.xx
for less restrictive changes. These changes to the requirements of the
CTS do not result in operations that will alter assumptions relative to
mitigation of an analyzed accident or transient event.
Administrative changes are those that involve restructuring,
renumbering, rewording interpretation and complex rearranging of
requirements and other changes not affecting technical content or
substantially revising an operating requirement. The reformatting,
renumbering and rewording process reflects the attributes of NUREG-1431
and does not involve technical changes to the CTS. The proposed changes
include: (a) Providing the appropriate numbers, etc., for NUREG-1431
bracketed information (information that must be supplied on a plant-
specific basis, and which may change from plant to plant), (b)
identifying plant-specific wording for system names, etc., and (c)
changing NUREG-1431 section wording to conform to existing licensee
practices. Such changes are administrative in nature and do not impact
initiators of analyzed events or assumed mitigation of accident or
transient events.
More restrictive changes are those involving more stringent
requirements compared to the CTS for operation of the facility. These
more stringent requirements do not result in operation that will alter
assumptions relative to the mitigation of an accident or transient
event. The more restrictive requirements will not alter the operation
of process variables, structures, systems, and components described in
the safety analyses. For each requirement in the STS that is more
restrictive than the CTS that the licensee proposes to adopt in the
ITS, the licensee has provided an explanation as to why it has
concluded that adopting the more restrictive requirement is desirable
to ensure safe operation of the facility because of specific design
features of the plant.
Relocated changes are those involving relocation of requirements
and surveillances for structures, systems, components, or variables
that do not meet the criteria for inclusion in TSs. Relocated changes
are those CTS requirements that do not satisfy or fall within any of
the four criteria specified in the 10 CFR 50.36(c)(2)(ii) and may be
relocated to appropriate licensee-controlled documents.
The licensee's application of the screening criteria is described
in the attachment to the licensee's February 25, 2005, letter, which is
entitled, ``A Description of the Beaver Valley Power Station, Improved
Technical Specification (ITS) Conversion License Amendment Request
(LAR),'' in Attachment 1 of the submittal. The affected structures,
systems, components or variables are not assumed to be initiators of
analyzed events and are not assumed to mitigate accident or transient
events. The requirements and surveillances for these affected
structures, systems, components, or variables will be relocated from
the TSs to administratively-controlled documents such as the quality
assurance program, the UFSAR, the ITS Bases, the licensing requirements
manual (LRM) that is incorporated by reference in the UFSAR, the core
operating limits report, the offsite dose calculation manual, the
inservice testing program, the inservice inspection program, or other
licensee-controlled documents. Changes made to these documents will be
made pursuant to 10 CFR 50.59 or other appropriate control mechanisms,
and may be made without prior NRC review and approval. In addition, the
affected structures, systems, components, or variables are addressed in
existing surveillance procedures that are also controlled pursuant to
10 CFR 50.59.
Removed detail changes, are changes to the CTS that eliminate
detail and relocate the detail to a licensee-controlled document.
Typically, this involves details of system design and function, or
procedural detail on methods of conducting a surveillance requirement
(SR). These changes are supported, in aggregate, by a single generic no
significant hazards consideration (NSHC). The generic type of removed
detail change is identified in italics at the beginning of the DOC.
Less restrictive changes are those where CTS requirements are
relaxed or eliminated, or new plant operational flexibility is
provided. The more significant ``less restrictive'' requirements are
justified on a case-by-case basis. When requirements have been shown to
provide little or no safety benefit, their removal from the TSs may be
appropriate. In most cases, relaxations previously granted to
individual plants on a plant-specific basis were the result of (a)
generic NRC actions, (b) new NRC staff positions that have evolved from
technological advancements and operating experience, or (c) resolution
of the Owners Groups' comments on the improved STSs. Generic
relaxations contained in NUREG-1431 were reviewed by the NRC staff and
found to be acceptable because they are consistent with current
licensing practices and NRC regulations. The licensee's design is being
reviewed to determine if the specific design basis and licensing basis
are consistent with the technical basis for the model requirements in
NUREG-1431, thus providing a basis for the ITS, or if relaxation of the
requirements in the CTS is warranted based on the justification
provided by the licensee.
These administrative, relocated, more restrictive, removed detail,
and less restrictive changes to the requirements of the CTS do not
result in operations that will alter assumptions relative to mitigation
of an analyzed accident or transient event.
In addition to the proposed changes solely involving the
conversion, there are also changes proposed that are different from the
requirements in both the CTS and the STS NUREG-1431. The BSIs are
listed below in which the first 25 were identified by the licensee and
addressed in Enclosure 4 to its application. The remaining 5 BSIs were
identified by the NRC staff and were originally categorized as pending
TSTF items by the licensee. In some cases, the BSI is addressed as a
justification for deviation (JFD) from the STS, and identified as ITS
x.x, JFD x. These BSIs to the conversion, listed in the order of the
applicable ITS specification or section, are as follows [note that the
words below that are capitalized are terms that are defined in the
ITS]:
1. BSIs-1 and 2, propose changes to the BVPS-1 analog Rod Position
Indication (RPI) system. BVPS-2 uses a digital RPI system and the
proposed change does not apply to BVPS-2. The proposed changes would
modify the CTS 3.1.3.2 notes to apply the 1-hour thermal soak time to
all power levels instead of only to power levels above 50%, and to
apply the exception to the ? 12 step-requirement during rod insertion
and withdrawal (provided by
[[Page 14556]]
the Mode 2 footnote) to any time ``during rod motion.'' The CTS 3.1.3.1
notes would be moved directly to the ITS 3.1.4 limiting condition for
operation (LCO) (ITS 3.1.4, DOC L.1, JFD 2, and ITS 3.1.7.1, DOC L.2,
JFDs 2 and 5).
2. BSI-3 proposes changes to the improved STS time limit and power
level specified in the note modifying SR 3.3.1.3. The proposed time
limit would change from 1 to 7 days and the proposed power level would
change from >=15% rated thermal power (RTP) to >=50% RTP. (ITS 3.3.1
and SR 3.3.1.3 note, DOC M.12, JFDs 4 and 6)
3. BSI-4 proposes changes to improved STS SR 3.3.1.6 (ITS SR
3.3.1.9) to change the time allowed to perform the surveillance from 24
hours after RTP is >=50%, to 7 days. Additionally, the BSI proposes to
change the requirement to perform SR 3.3.1.9 every 92 effective full-
power days (EFPD) thereafter, to perform the surveillance ``once per
fuel cycle'' (ITS 3.3.1, SR 3.3.1.9 note, DOC M.19, JFD 7).
4. BSI-5 proposes a change to ITS SR 3.3.4.2 frequency for
verifying the operability of the Remote shutdown System control and
transfer switches from 18 months to 36 months. CTS 3.3.3.5 currently
does not have operability or SRs for these control and transfer
switches (ITS 3.3.4, SR 3.3.4.2, DOC M.4, JFD 1).
5. BSI-6 proposes a change to the improved STS note that modifies
the precision heat balance SR to require the surveillance to be
performed within 30 days of reaching the specified power level vice
within 24 hours of reaching the specified power level (CTS 4.2.5.2 and
its note 2 do not contain a specified time limit in which to perform
the heat balance) (ITS 3.4.1, SR 3.4.1.4 note, DOC M.1, JFD 1).
6. BSIs-7-11 propose revising the improved STS note for verifying
reactor coolant pump (RCP) and residual heat removal (RHR) pump standby
pump breaker alignment and power availability every 7 days (and within
24 hours after the pump is not in operation) to remove the requirement
for performing the surveillance within 24 hours after the pump is not
in operation and considering the SR to be met for a pump just removed
from operation and to clarify that the starting time for the 7-day SR
begins ``when the pump is removed from operation'' instead of when the
pump ``is not in operation.'' The CTS SRs do not have a note containing
the 24-hour requirement for the RCPs and RHR pumps (ITS SR 3.4.5.3, DOC
L.3, JFD 2, SR 3.4.6.3, DOC L.4, JFD 2, SR 3.4.7.3, DOC L.5, JFD 4, SR
3.4.8.2, DOC L.4, JFD 3, and SR 3.5.9.2, DOC M.1, JFD 2).
7. BSI-12 proposes to change the improved STS 3.4.18, ``Isolated
Loop Startup,'' LCO and SRs related to the isolated loop temperature to
be more consistent with the BVPS safety analyses assumptions and CTS
RCP start restrictions. The improved STS requires that the isolated
loop temperature be no greater than 20[deg] below the operating loop
temperature before the cold leg isolation valve can be opened. The
licensee proposes to change this requirement to, ``the cold leg
temperature must be >= the minimum reactor coolant system (RCS)
temperature assumed in the analysis before the cold leg isolation valve
can be opened.'' In addition new temperature requirements are added
similar to the temperature restrictions for starting an RCP in ITS
3.4.7, ``RCS Loops-Mode 5'' (ITS 3.4.18, DOC M.1, JFDs 1 and 2).
8. BSIs-13 and 14 propose to remove the valve isolation times from
SR 3.7.2.1 for the main steam isolation valves (MSIVs), and SR 3.7.3.1
for the main feedwater isolation valves (MFIVs), main feedwater
regulating valves and associated bypass valves and replace the times
with a specific reference that the isolation time of each valve is
``within limits.'' The valve isolation times would be relocated to the
LRM and future changes would be controlled under 10 CFR 50.59. The
licensee states that this is consistent with the previously approved
relocation of other valve response times such as for containment
isolation valves. The CTS SR 4.7.1.5 for MSIVs would thus be changed;
however, the licensee has no CTS for MFIVs (ITS SR 3.7.2.1, DOC LA.1,
JFD 3, and ITS SR 3.7.3.1, DOC M.1, JFD 2).
9. BSIs-15-17 propose changes to the improved STS 3.7.7 and 3.7.8
to provide a new Action Condition C, rather than the application of LCO
3.0.3, for the case where 2 component cooling water (3.7.7) or 2
service water (3.7.8) trains are inoperable resulting in insufficient
cooling capacity for decay heat removal in Mode 4 such that the plant
cannot cool down to Mode 5 (ITS 3.7.7 and 3.7.8, DOC L.3, JFD 2).
10. BSI-18 proposes changes to ITS 3.7.9, Ultimate Heat Sink
[UHS],'' Action Condition B, such that the proposed Action does not
include the improved STS upper and lower temperature limits, but will
require more frequent monitoring of the UHS temperature when the single
BVPS limit for each unit is exceeded rather than an immediate unit
shutdown, and would require a unit shutdown when the UHS temperature
averaged over the previous 24 hours exceeds the limit (ITS 3.7.9 Action
A, DOC L.1, JFD 2).
11. BSI-19 proposes to modify the notes in improved STS SRs 3.8.1.2
and 3.8.1.3 to add the words ``or based on operating experience,'' to
supplement the phrase ``as recommended by the manufacturer'' (ITS SR
3.8.1.2 and SR 3.8.1.3, DOC L.19, JFD 17).
12. BSI-20 proposes to modify improved STS SR 3.8.1.5 by changing
the requirement to ``Check for and remove accumulated water from each
day tank [and engine mounted tank]'' to ``Check and remove water from
each engine mounted tank.'' A note has been added to indicate that this
is applicable to BVPS-1 only (ITS SR 3.8.1.5.1, DOC L.18, JFD 10).
13. BSI-21 proposes a note to ITS SR 3.8.2.1 to address the
surveillances (SRs 3.1.8.13 and 3.8.1.14) used to verify the capability
of the automatic load sequencer function of the emergency diesel
generators (EDGs). The note states that the load sequencer function SRs
only include the verification of loads applicable (necessary for
operability) in the shutdown modes of operation (Modes 5 and 6)
addressed by ITS 3.8.2 (ITS SR 3.8.2.1 Note 2, DOC L.3, JFD 5).
14. BSI-22 proposes to revise improved STS SR 3.8.2.1 by the
addition of Note 3. Proposed Note 3 to ITS SR 3.8.2.1 states, ``SR
3.8.1.14 is only required to be met with the use of an actual or
simulated loss of offsite power signal.'' SR 3.8.1.14 verifies the
response of the emergency bus and EDG to an engineered safety features
(ESF) signal in conjunction with a loss of offsite power. The proposed
note is intended to clarify that in the shutdown modes addressed by SR
3.8.2.1, there are no required ESF actuation signals. The ESF actuation
instrumentation specified in ITS 3.3.2 is only required to be operable
in Modes 1-4, and ITS 3.8.2, ``AC Sources Shutdown,'' is only
applicable in Modes 5 and 6 (ITS SR 3.8.2.1 Note 3, DOC L.3, JFD 6).
15. BSI-23 proposes to revise improved STS SR 3.9.3.3 by making
changes to ITS 3.9.3.c.2 intended to be consistent with the design and
licensing basis for BVPS-1 and 2. The LCO requirement that specifies
that each penetration providing direct access from the containment
atmosphere to the outside atmosphere be capable of being closed by an
OPERABLE Containment Purge and Exhaust Isolation System and its
associated surveillance (SR 3.9.3.3) are made applicable to Unit 2
only, and a provision is added for Unit 1 only (ITS 3.9.3.c.3) that
allows the Purge and Exhaust System penetrations to be open when the
system air is exhausted to an OPERABLE Supplemental Leak
[[Page 14557]]
Collection and Release System train (ITS 3.9.3.c.2, DOC L.1, JFD 3).
16. BSI-24 proposes to incorporate a note into ITS 3.9.5, ``RHR and
Coolant Circulation--Low Water Level,'' and ITS 3.9.4, ``RHR and
Coolant Circulation--High Water Level.'' NRC-approved TSTF-21 Revision
0, incorporated a Bases change to ITS 3.9.5 that provides an exception
to the requirement for the RHR loop to be circulating reactor coolant
to allow both RHR pumps to be aligned to the refueling water storage
tank (RWST) to support filling or draining of the refueling cavity or
for performance of required testing. This exception was incorporated
into NUREG-1431, Revision 3. In a letter dated April 29, 1999, from W.
D. Beckner, NRC, to J. Davis, Nuclear Energy Institute, the NRC
recommended that TSTF-21, Revision 0 be revised to include an LCO
exception note to remove the RHR loop from operation (i.e., from
circulating coolant) to support cavity fill and drain or to support
required testing. The licensee's note incorporates this NRC
recommendation which was not incorporated into TSTF-21, Revision 0 or
NUREG-1431, Revision 3 (ITS 3.9.4, LCO Note 3 and ITS 3.9.5, LCO Note
3, DOC L.4, JFD 3).
17. BSI-25 proposes to revise improved STS 5.5.4.b which states,
``The provisions of SR 3.0.2 are applicable to the above required
Frequencies [improved STS 5.5.4.a] for performing inservice testing
activities.'' The licensee states that the list in improved STS 5.5.4.a
lists some of the test intervals referenced in the inservice testing
requirements but is not a comprehensive list. The licensee proposes to
revise ITS 5.5.4.b to state, ``The provisions of SR 3.0.2 are
applicable to the above required Frequencies and other normal and
accelerated Frequencies specified in the Inservice Testing Program for
performing inservice testing activities.'' This would expand the
applicability of SR 3.0.2 provisions to all inservice testing
requirements intervals and not just those listed in ITS 5.5.4.a (ITS
5.5.4.b, DOC L.4, JFD 34).
18. BSI-26 proposes to incorporate pending TSTF-412, Revision 0,
which would provide actions and clarify the operability status when one
steam supply to a turbine driven auxiliary feedwater pump is
inoperable.
19. BSI-27 proposes to incorporate pending TSTF-451-T, Revision 0,
which would provide corrections to the battery monitoring and
maintenance program (Section 5.0) and the Bases of SR 3.8.4.2 (Section
3.8).
20. BSI-28 proposes to incorporate pending TSTF-453-T, Revision 2,
which would provide a new specification in Section 3.1 and revise
existing requirements in Section 3.3 to more completely address a rod
withdrawal from subcritical conditions (RWFS) event. The TSTF adds new
boron concentration operating restrictions during conditions when the
power range nuclear instrumentation may not be able to provide the
necessary trip function to protect against an RWFS event.
21. BSI-29 proposes to incorporate pending TSTF-472-T, Revision 0,
which corrects a Bases error introduced by implementation of NRC-
approved TSTF-283 (approved in November 2000). This affects Section
3.8.
22. BSI-30 proposes to incorporate pending TSTF-482, Revision 0,
which would provide editorial enhancements to the Bases for LCO 3.0.6.
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.
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 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/
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 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
[[Page 14558]]
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 David W. Jenkins,
Attorney, FirstEnergy Corporation, Mail Stop A-GO-18, 76 South Main
Street, Akron, OH 44308, attorney for the licensee.
If a request for a hearing is received, the Commission's staff may
issue the amendment after it completes its technical review and prior
to the completion of any required hearing if it publishes a further
notice for public comment of its proposed finding of no significant
hazards consideration in accordance with 10 CFR 50.91 and 50.92.
For further details with respect to this action, see the
application for amendment dated February 25, 2005, which is available
for public inspection at the Commission's 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 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 16th day of March 2006.
For the Nuclear Regulatory Commission.
Timothy G. Colburn,
Senior Project Manager, Plant Licensing Branch I-1, Division of
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. E6-4153 Filed 3-21-06; 8:45 am]
BILLING CODE 7590-01-P