[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