[Federal Register Volume 59, Number 72 (Thursday, April 14, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-9008] [[Page Unknown]] [Federal Register: April 14, 1994] ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [Docket No. 50-440] The Cleveland Electric Illuminating Co., et al.; Notice of Consideration of Issuance of Amendment to Facility Operating License and Opportunity for a Hearing The U.S. Nuclear Regulatory Commission (the Commission) is considering issuance of an amendment to Facility Operating License No. NPF-58, issued to The Cleveland Electric Illuminating Company, Centerior Service Company, Duquesne Light Company, Ohio Edison Company, Pennsylvania Power Company, and Toledo Edison Company (the licensee), for operation of the Perry Nuclear Power Plant, Unit No.1, located in Lake County, Ohio. The proposed amendment, requested by the licensee by letter of December 16, 1993, would represent a full conversion from the current Technical Specifications (TS) to a set of TS based on NUREG-1434, ``Improved BWR/6 Technical Specifications,'' Revision O, September 1992. NUREG-1434 has been developed through working groups composed of both NRC staff members and the BWR/6 owners and has been endorsed by the staff as part of an industry-wide initiative to standardize and improve TS. As part of this submittal, the licensee has applied the criteria contained in the Final NRC Policy Statement on Technical Specification Improvements to the current Perry Nuclear Power Plant Technical Specifications utilizing BWR Owners' Group (BWROG) report NEDO-31466, ``Technical Specification Screening Criteria Application and Risk Assessment,'' (and Supplement 1) as incorporated in NUREG- 1434. The licensee has categorized the proposed changes into four general groupings. These groupings are characterized as administrative changes, relocated changes, more restrictive changes, and less restrictive changes. Administrative changes are those that involve reformatting, renumbering and rewording of the existing TS. The reformatting, renumbering and rewording process reflects the attributes of NUREG-1434 and do not involve technical changes to the existing TS. Such changes are administrative in nature and do not impact initiators of analyzed events or assumed mitigation of accident or transient events. Relocated changes are those involving relocation of requirements and surveillances for structures, systems, components or variables that do not meet the criteria of inclusion in TS as identified in the Application of Selection Criteria to the Perry TS. 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 TS to administratively controlled documents. Changes made to these documents will be made pursuant to 10 CFR 50.59. In addition, the affected structures, systems, components or variables are addressed in existing surveillance procedures which are also subject to 10 CFR 50.59 and subject to the change control provision in the Administrative Controls Section of the TS. These proposed changes will not impose or eliminate any requirements. More restrictive changes are those involving more stringent requirements for operation of the facility. These more stringent requirements do not result in operation that will alter assumptions relative to mitigation of an accident or transient event. The more restrictive requirements continue to ensure process variables, structures, systems and components are maintained consistent with the safety analyses and licensing basis. Changes characterized as less restrictive have been subdivided into four additional subcategories. They include: (A) Relocating details to TS Bases, the Updated Safety Analysis Report (USAR), or procedures. The requirements to be transposed from the TS to the Bases, USAR or procedures are the same as those currently included in the existing TS. The TS Bases, USAR and procedures containing the relocated information are subject to 10 CFR 50.59 and are subject to the change control provisions in the Administrative Controls section of the TS. (B) Extension of instrumentation surveillance test intervals (STIs) and allowed outage times (AOTs). The proposed changes affect only the STIs and AOTs and will not impact the function of monitoring system variables over the anticipated ranges for normal operation, anticipated operational occurrences, or accident conditions. However, the changes are expected to reduce the test related plant scrams and test induced wear on the equipment. General Electric topical reports GENE-770-06-1 and GENE-770-06-2 showed that the effects of these extensions of STIs and AOTs, which produced negligible impact, are bounded by previous analyses. Further, the NRC has reviewed these reports and approved the conclusions on a generic basis. (C) Relocation of instrumentation only requirements (which provide no post-accident function). These requirements are part of routine operational monitoring and are not considered in the safety analysis. Changes made to the Bases, USAR and procedures containing the relocated information will be made in accordance with 10 CFR 50.59 and are subject to the change control provisions in the Administrative Controls section of the TS. These proposed changes will not impose or eliminate any requirements. (D) Other less restrictive changes. Additional changes that result in less restrictions in the TS are discussed individually in the licensee's submittal. 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. By May 16, 1994, 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 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 2.714, which is available at the Commission's Public Document Room, the Gelman Building, 2120 L Street NW., Washington, DC 20555 and at the local public document room located at the Perry Public Library, 3753 Main Street, Perry, Ohio 44081. 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 a 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 fifteen (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 fifteen (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 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 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. 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, Attention: Docketing and Services Branch, or may be delivered to the Commission's Public Document Room, the Gelman Building, 2120 L Street NW., Washington, DC, by the above date. Where petitions are filed during the last ten (10) days of the notice period, it is requested that the petitioner promptly so inform the Commission by a toll-free telephone call to Western Union at 1- (800) 248-5100 (in Missouri 1-(800) 342-6700). The Western Union operator should be given Datagram Identification Number N1023 and the following message addressed to John N. Hannon, Director, Project Directorate III-3: petitioner's name and telephone number, date petition was mailed, plant name, and publication date and page number of the Federal Register notice. A copy of the petition should also be sent to the Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and to Jay E. Silberg, Esq., Shaw, Pittman, Potts & Trowbridge, 2300 N Street NW., Washington, DC 20037, 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). 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 considerations in accordance with 10 CFR 50.91 and 50.92. For further details with respect to this action, see the application for amendment dated December 16, 1993, which is available for public inspection at the Commission's Public Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC 20555, and at the local public document room located at the Perry Public Library, 3753, Main Street, Perry, Ohio 44081. Dated at Rockville, Maryland, this 13th day of April 1994. For the Nuclear Regulatory Commission. Jon B. Hopkins, Senior Project Manager, Project Directorate III-3, Division of Reactor Projects III/IV, Office of Nuclear Reactor Regulation. [FR Doc. 94-9008 Filed 4-13-94; 8:45 am] BILLING CODE 7590-01-M