[Federal Register Volume 71, Number 72 (Friday, April 14, 2006)]
[Notices]
[Pages 19551-19553]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-5595]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-275 and 50-323]
Pacific Gas and Electric Company; Notice of Consideration of
Issuance of Amendments to Facility Operating Licenses, Proposed No
Significant Hazards Consideration Determination, and Opportunity for a
Hearing
The U.S. Nuclear Regulatory Commission (the Commission) is
considering issuance of amendments to the Facility Operating Licenses
Nos. DPR-80 and DPR-82, issued to Pacific Gas and Electric Company
(PG&E/the licensee) for operation of the Diablo Canyon Power Plant,
Units 1 and 2 (DCPP) located in San Luis Obispo County, California.
The proposed amendments would delete Section 2F, ``Antitrust'' and
Appendix C, ``Antitrust Conditions,'' from the facility operating
licenses. According to the application, the antitrust license
conditions impose what are known as the ``Stanislaus Commitments,''
which were derived from the licensing process for the proposed, but
never completed, Stanislaus Nuclear Plant. The licensee indicates that,
as reflected in a 2003 Commission decision (which subsequently was
vacated), it appears to PG&E that there is no legal authority in the
Atomic Energy Act of 1954, as amended (AEA or Act), or in the Nuclear
Regulatory Commission's (NRC's) regulations, for the NRC to continue to
impose these conditions absent PG&E's consent. Moreover, in light of
changes in the electric industry, NRC imposition of these conditions
and the prospect of NRC enforcement of these conditions are no longer
necessary to serve their original intended purpose.
Before issuance of the proposed license amendments, the Commission
will have made findings required by the Atomic Energy Act of 1954, as
amended
[[Page 19552]]
(the Act), and the Commission's regulations.
The Commission has made a proposed determination that the amendment
request involves no significant hazards consideration. Under the
Commission's regulations in Title 10 of the Code of Federal Regulations
(10 CFR), Sec. 50.92, this means that operation of the facility in
accordance with the proposed amendments 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 proposed amendments are administrative changes that do not
involve a significant increase in the probability or consequences of
an accident previously evaluated because the amendments do not
involve any change in the design, configuration, or operation of the
plant. All limiting conditions for operation, limiting safety system
settings and safety limits specified in the technical specifications
(TS) remain unchanged.
Therefore, the proposed change does 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 accident from any accident previously evaluated?
Response: No.
The proposed amendments do not create the possibility of a new
or different kind of accident from any accident previously evaluated
because:
The amendments do not involve any change in the design,
configuration, or operation of the plant. The current plant design
and design bases will remain the same. The current plant safety
analyses remain complete and accurate in addressing the design basis
events and in analyzing plant response and consequences.
The limiting conditions for operations, limiting safety
system settings and safety limits specified in TS are not affected
by the change.
The amendments do not introduce a new mode of plant
operation or new accident precursors, do not involve any physical
alterations to plant configurations, or make changes to system set
points that could initiate a new or different kind of accident.
Therefore, the proposed change does not create the possibility
of a new or different accident from any accident previously
evaluated.
3. Does the proposed change involve a significant reduction in a
margin of safety?
Response: No.
The proposed amendments do not involve a significant reduction
in a margin of safety because:
The amendments do not involve any change in the design,
configuration, or operation of the plant. The change does not affect
either the way in which the plant structures, systems, and
components perform their safety function or their design and
licensing bases.
The amendments do not affect plant safety margins that
are established through limiting conditions for operation, limiting
safety system settings and safety limits specified in TS.
Therefore, the proposed change does 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 30 days after the date of
publication of this notice will be considered in making any final
determination.
Normally, the Commission will not issue the amendments until the
expiration of 60 days after the date of publication of this notice. The
Commission may issue the license amendments before expiration of the
60-day period provided that its final determination is that the
amendments involve no significant hazards consideration. In addition,
the Commission may issue the amendments prior to the expiration of the
30-day comment period should circumstances change during the 30-day
comment period such that failure to act in a timely way would result,
for example in derating or shutdown of the facility. Should the
Commission take action prior to the expiration of either the comment
period or the notice period, it will publish in the Federal Register a
notice of issuance. Should the Commission make a final No Significant
Hazards Consideration Determination, any hearing will take place after
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, Public File Area O1 F21, 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 licenses 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 or a petition
for leave to intervene. Requests for a hearing and petitions 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 O1F21, 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
[[Page 19553]]
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 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
amendments under consideration. The contention must be one which, if
proven, would entitle the petitioner 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
amendments and make them immediately effective, notwithstanding the
request for a hearing. Any hearing held would take place after issuance
of the amendments. 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 amendments.
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 or petition
for leave to intervene should also be sent to Richard F. Locke, Esq.,
Pacific Gas and Electric Company, P.O. Box 7442, San Francisco,
California 94120, the attorney for the licensee.
For further details with respect to this action, see the
application for amendments dated January 19, 2006, which is available
for public inspection at the Commission's PDR, located at One White
Flint North, File Public Area O1 F21, 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/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 24th day of February 2006.
For the Nuclear Regulatory Commission.
Alan B. Wang,
Project Manager, Plant Licensing Branch IV, Division of Licensing
Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. E6-5595 Filed 4-13-06; 8:45 am]
BILLING CODE 7590-01-P