[Federal Register Volume 65, Number 168 (Tuesday, August 29, 2000)]
[Notices]
[Pages 52449-52451]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-22030]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-334 and 50-412]
Pennsylvania Power Company, Ohio Edison Company, The Cleveland
Electric Illuminating Company, The Toledo Edison Company, Firstenergy
Nuclear Operating Company, Beaver Valley Power Station, Unit Nos. 1 and
2; 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) is
considering issuance of an amendment to Facility Operating License Nos.
DPR-66 and NPF-73 issued to FirstEnergy Nuclear Operating Company (the
licensee) for operation of the Beaver Valley Power Station, Unit Nos. 1
and 2 (BVPS-1 and 2), located in Beaver County, Pennsylvania.
[[Page 52450]]
This notice supersedes the notice published on November 17, 1999
(64 FR 62710) in its entirety.
The proposed amendment would revise the standard to which the
control room ventilation charcoal and Supplementary Leak Collection and
Release System (SLCRS) charcoal must be laboratory tested as specified
in: BVPS-1 Technical Specification (TS) 4.7.7.1.1.c.2 for the Control
Room Emergency Habitability Systems; BVPS-1 TS 4.7.8.1.b.3 for the
SLCRS; BVPS-2 TS 4.7.7.1.d for the Control Room Emergency Air Cleanup
and Pressurization System; and BVPS-2 TS 4.7.8.1.b.3 for the SLCRS. NRC
Generic Letter 99-02, ``Laboratory Testing of Nuclear-Grade Activated
Charcoal,'' dated June 3, 1999, requested licensees to revise their TS
criteria associated with laboratory testing of ventilation charcoal to
a valid test protocol, which included American Society for Testing and
Materials (ASTM) D3803-1989. This license amendment request revises the
charcoal laboratory standard to follow ASTM D3803-1989 for each BVPS
Unit. This license amendment request also: (1) Revises the minimum
amount of output in kilowatts needed for the control room emergency
ventilation system heaters at each BVPS unit; (2) revises BVPS-1 SLCRS
surveillance testing criteria to be consistent with American Nuclear
Standards Institute/American Society of Mechanical Engineers N510-1980,
the BVPS-1 control room ventilation testing, and BVPS-2 SLCRS/ control
room ventilation testing; and (3) makes minor typographical corrections
and editorial changes.
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.
The Commission has made a proposed determination 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; 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 change involve a significant increase in the
probability or consequences of an accident previously evaluated?
The proposed changes to the surveillance requirements for the
laboratory testing of ventilation system charcoal are consistent
with Generic Letter 99-02. The proposed change will adopt ASTM
D3803-1989 [``Standard Test Method for Nuclear-Grade Activated
Carbon,''] as the laboratory testing standard for performing the
surveillance associated with the Control Room emergency ventilation
and the SLCRS charcoal filters at each BVPS Unit. Thus this proposed
change will not involve a significant increase in the probability or
consequences of a previously evaluated accident since this standard
provides the assurance for continuing to comply with the BVPS Unit 1
and Unit 2 licensing basis for ventilation filter testing.
The change in the control room emergency ventilation system
heater minimum output at both BVPS Units does not change the system
ability to meet its design bases. The change in the BVPS Unit 1
SLCRS testing frequency for adsorber/filter in-place testing and the
adsorber laboratory testing does not change the SLCRS system's
ability to meet its design bases. The change in the BVPS Unit 1
SLCRS testing frequency for SLCRS air flow distribution testing does
not change the SLCRS system's ability to meet its design bases.
2. Does the change create the possibility of a new or different
kind of accident from any accident previously evaluated?
The proposed license amendment to the control room emergency
ventilation system and SLCRS at both BVPS Units does not change the
way the system is operated. The proposed changes only involve
changes to the surveillance testing. These testing modifications do
not alter these systems' ability to perform their design bases.
Therefore, these proposed changes do not create the possibility of a
new or different kind of accident from any previously evaluated
accident since the control room emergency ventilation system and
SLCRS will continue to operate in accordance with their design
bases.
3. Does the change involve a significant reduction in a margin
of safety?
The proposed amendment does not involve revisions to any safety
limits or safety system setting that would adversely impact plant
safety. The proposed amendment does not affect the ability of
system, structures or components important to the mitigation and
control of design bases accident conditions within the facility. In
addition, the proposed amendment does not affect the ability of
safety systems to ensure that the facility can be maintained in a
shutdown or refueling condition for extended periods of time.
The proposed license amendment to the control room emergency
ventilation system and SLCRS at both BVPS Units does not change the
way the system is operated. The proposed changes only involve
changes to the surveillance testing. These testing modifications do
not alter these systems' ability to perform their design bases.
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 staffproposes 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 amendment until the
expiration of the 30-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 30-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 and provide for opportunity for a hearing
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. Copies of
written comments received may be examined at the NRC Public Document
Room, the Gelman Building, 2120 L Street, NW., Washington, DC.
The filing of requests for hearing and petitions for leave to
intervene is discussed below.
By September 28, 2000, 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
[[Page 52451]]
CFR Part 2. Interested persons should consult a current copy of 10 CFR
2.714 which is available at the Commission's Public Document Room, the
Gelman Building, 2120 L Street, NW., Washington, DC, and accessible
electronically through the ADAMS Public Electronic Reading Room link at
the NRC Web site (http://www.nrc.gov). If a request for a hearing or
petition for leave to intervene is filed by the above date, the
Commission or an Atomic Safety and Licensing Board, designated by the
Commission or by the Chairman of the Atomic Safety and Licensing Board
Panel, will rule on the request and/or petition; and the Secretary or
the designated Atomic Safety and Licensing Board will issue a notice of
hearing or an appropriate order.
As required by 10 CFR 2.714, 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 factors: (1) The nature of the petitioner's right under the
Act to be made party to the proceeding; (2) the nature and extent of
the petitioner's property, financial, or other interest in the
proceeding; and (3) the possible effect of any order which may be
entered in the proceeding on the petitioner's interest. The petition
should also identify the specific aspect(s) of the subject matter of
the proceeding as to which petitioner wishes to intervene. Any person
who has filed a petition for leave to intervene or who has been
admitted as a party may amend the petition without requesting leave of
the Board up to 15 days prior to the first prehearing conference
scheduled in the proceeding, but such an amended petition must satisfy
the specificity requirements described above.
Not later than 15 days prior to the first prehearing conference
scheduled in the proceeding, a petitioner shall file a supplement to
the petition to intervene which must include a list of the contentions
which are sought to be litigated in the matter. Each contention must
consist of a specific statement of the issue of law or fact to be
raised or controverted. In addition, the petitioner shall provide a
brief explanation of the bases of 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. Petitioner 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 to relief. A
petitioner who fails to file such a supplement which satisfies 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, including the opportunity to present evidence and cross-
examine witnesses.
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.
A request for a hearing or a petition for leave to intervene must
be filed with the Secretary of the Commission, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, Attention: Rulemakings and
Adjudications Staff, or may be delivered to the Commission's Public
Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC,
by the above date. A copy of the petition should also be sent to the
Office of the General Counsel, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, and to Mary O'Reilly, FirstEnergy Nuclear
Operating Company, FirstEnergy Corporation, 76 South Main Street,
Akron, OH 44308, attorney for the licensee.
Nontimely filings of petitions for leave to intervene, amended
petitions, supplemental petitions and/or requests for hearing will not
be entertained absent a determination by the Commission, the presiding
officer or the presiding Atomic Safety and Licensing Board that the
petition and/or request should be granted based upon a balancing of the
factors specified in 10 CFR 2.714(a)(1)(i)-(v) and 2.714(d).
For further details with respect to this action, see the
application for amendment dated May 12, 2000, which is available for
public inspection at the Commission's Public Document Room, the Gelman
Building, 2120 L Street, NW., Washington, DC, and accessible
electronically through the ADAMS Public Electronic Reading Room link at
the NRC Web site (http://www.nrc.gov).
Dated at Rockville, Maryland, this 23rd day of August, 2000.
For the Nuclear Regulatory Commission.
Daniel S. Collins,
Project Manager, Section 1, Project Directorate I, Division of
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 00-22030 Filed 8-28-00; 8:45 am]
BILLING CODE 7590-01-P