[Federal Register Volume 67, Number 195 (Tuesday, October 8, 2002)]
[Notices]
[Pages 62835-62837]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-25605]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-254 and 50-265]
Exelon Generation Company, LLC; 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
[[Page 62836]]
considering issuance of an amendment to Facility Operating License Nos.
DPR-29 and DPR-30 issued to Exelon Generation Company, LLC (Exelon, the
licensee), for operation of the Quad Cities Nuclear Power Station,
Units 1 and 2, located in Rock Island County, IL.
The proposed amendment would revise the Updated Safety Analysis
Report (UFSAR) to allow lifting heavier loads with the reactor building
crane during the Unit 1 refueling outage beginning in November 2002.
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 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 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. The proposed changes do not involve a significant increase in
the probability or consequences of an accident previously evaluated.
The proposed changes will allow use of the reactor building
crane at Quad Cities Nuclear Power Station (QCNPS) during power
operations to lift heavy loads up to 125 tons for removal and re-
installation activities for the reactor cavity shield blocks during
the Unit 1 refueling outage (i.e., Q1R17). The reactor building
crane has additional margin for a total lifted load of 125 tons with
single failure-proof features if a Design Basis Earthquake (DBE) is
not assumed. Exelon has qualitatively demonstrated that the
probability of a DBE occurring during the limited duration
(estimated to be 24 hours) of the request is very small. The
probability of load drop accidents previously evaluated is not
increased since the capacity of the reactor building crane equals or
exceeds the weight of the reactor cavity shield blocks.
Therefore, the proposed changes do not involve a significant
increase in the probability or consequences of an accident
previously evaluated.
2. The proposed changes do not create the possibility of a new
or different kind of accident from any accident previously
evaluated.
The proposed changes allow use of the QCNPS reactor building
crane for a limited duration to lift heavy loads up to a total of
125 tons during removal and re-installation activities for the
reactor cavity shield blocks. The reactor building crane has
additional margin for a lifted load of 125 tons with single failure-
proof features if a DBE is not assumed. The probability of a DBE
during the limited duration of the request is very small. Therefore,
the single failure-proof features ensure that the proposed changes
provide an equivalent level of safety and will not create the
possibility of a new or different kind of accident from any accident
previously evaluated.
3. The proposed changes do not involve a significant reduction
in a margin of safety.
The reactor building crane is rated for lifting loads up to 125
tons. The NRC has approved qualification of the QCNPS reactor
building crane as single failure-proof for loads of up to 110 tons.
The proposed change allows use of the crane for a limited duration
to lift loads up to 125 tons. Existing safety margins are enhanced
when lifting loads up to 125 tons if a DBE is not assumed, and
Exelon has demonstrated that the probability of a DBE during the
limited duration of the request is very small. Therefore, it is
concluded that the proposed changes do not result in a significant
reduction in the 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 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. Documents may
be examined, and/or copied for a fee, at the NRC's Public Document
Room, located at One White Flint North, 11555 Rockville Pike (first
floor), Rockville, Maryland.
The filing of requests for hearing and petitions for leave to
intervene is discussed below.
By November 7, 2002, 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 2.714,\1\ which is
available at the Commission's Public Document Room, located at One
White Flint North, 11555 Rockville Pike (first floor), Rockville,
Maryland, or electronically on the Internet at the NRC Web site http://www.nrc.gov/reading-rm/doc-collections/cfr/. If there are problems in
accessing the document, contact the Public Document Room Reference
staff at 1-800-397-4209, 301-415-4737, or by e-mail to [email protected]. 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.
---------------------------------------------------------------------------
\1\ The most recent version of Title 10 of the Code of Federal
Regulations, published January 1, 2002, inadvertently omitted the
last sentence of 10 CFR 2.714(d) and paragraphs (d)(1) and (d)(2)
regarding petitions to intervene and contentions. For the complete,
corrected text of 10 CFR 2.714(d), please see 67 FR 20884; April 29,
2002.
---------------------------------------------------------------------------
As required by 10 CFR 2.714, a petition for leave to intervene
shall set forth with particularity the interest of
[[Page 62837]]
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 (PDR), located at One White Flint North, 11555 Rockville
Pike (first floor), Rockville, Maryland, by the above date. Because of
the continuing disruptions in delivery of mail to United States
Government offices, it is requested that petitions for leave to
intervene and requests for hearing be transmitted to the Secretary of
the Commission either by means of facsimile transmission to 301-415-
1101 or by e-mail to [email protected]. A copy of the petition for
leave to intervene and request for hearing should also be sent to the
Office of the General Counsel, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, and because of continuing disruptions in
delivery of mail to United States Government offices, 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 Mr. Edward J. Cullen, Deputy General Counsel, Exelon BSC--
Legal, 2301 Market Street, Philadelphia, PA 19101, 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 October 1, 2002, which is available for
public inspection at the Commission's PDR, located at One White Flint
North, 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 2nd day of October, 2002.
For the Nuclear Regulatory Commission.
Carl F. Lyon,
Project Manager, Section 2, Project Directorate III, Division of
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 02-25605 Filed 10-7-02; 8:45 am]
BILLING CODE 7590-01-P