[Federal Register Volume 63, Number 149 (Tuesday, August 4, 1998)]
[Notices]
[Pages 41602-41604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-20785]


-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[Docket No. 50-346]


Notice of Consideration of Approval of Transfer of License and 
Issuance of Amendment to Facility Operating License, Proposed No 
Significant Hazards Consideration Determination, and Opportunity for a 
Hearing; Toledo Edison Company, Centerior Service Company, and the 
Cleveland Electric Illuminating Company

    The U.S. Nuclear Regulatory Commission (the Commission) is 
considering issuance of an order under 10 CFR 50.80 approving the 
transfer of Facility Operating License No. NPF-3 issued to the Toledo 
Edison Company, Centerior Service Company, and The Cleveland Electric 
Illuminating Company (the licensees) with respect to operating 
authority thereunder for the Davis-Besse Nuclear Power Station, Unit 
No. 1, located in Ottawa County, Ohio, and considering issuance of a 
conforming amendment under 10 CFR 50.90.
    The proposed transfer of operating authority under the license 
would authorize a new company, FirstEnergy Nuclear Operating Company 
(FENOC), to use and operate Davis-Besse and to possess and use related 
licensed nuclear materials in accordance with the same conditions and 
authorizations included in the current operating license. FENOC would 
be formed by FirstEnergy Corporation, the corporate parent of the 
licensees, to become the licensed operator for Davis-Besse and would 
have exclusive control over the operation and maintenance of the 
facility. The license would be amended to reflect the transfer of 
authority under the license.
    Under the proposed arrangement, ownership of Davis-Besse will 
remain unchanged with each owner (The Cleveland Electric Illuminating 
Company and Toledo Edison Company) retaining its current ownership 
interest. FENOC will not own any portion of Davis-Besse. Likewise, the 
owners' entitlement to capacity and energy from Davis-Besse will not be 
affected by the proposed change in operating responsibility for Davis-
Besse. The owners will continue to provide all funds for the operation, 
maintenance, and decommissioning by FENOC of Davis-Besse. The 
responsibility of the owners will include funding for any emergency 
situations that might arise at Davis-Besse.
    Pursuant to 10 CFR 50.80, the Commission may approve the transfer 
of a license, or any right thereunder, after

[[Page 41603]]

notice to interested persons. Such approval is contingent upon the 
Commission's determination that the proposed transferee is qualified to 
hold the license and that the transfer is otherwise consistent with 
applicable provisions of law, regulations, and orders of the 
Commission.
    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 licensees have provided their analysis 
of the issue of no significant hazards consideration, which is 
presented below:

    The Davis-Besse Nuclear Power Station has reviewed the proposed 
changes and determined that a significant hazards consideration does 
not exist because operation of the Davis-Besse Nuclear Power 
Station, Unit No. 1, in accordance with these changes would:
    1a. Not involve a significant increase in the probability of an 
accident previously evaluated because no accident initiators or 
assumptions are affected. The proposed changes are administrative 
and have no direct effect on any plant systems. All Limiting 
Conditions for Operation, Limiting Safety System Settings, and 
Safety Limits specified in the Technical Specifications will remain 
unchanged.
    1b. Not involve a significant increase in the consequences of an 
accident previously evaluated because no accident conditions or 
assumptions are affected. The proposed changes do not alter the 
source term, containment isolation, or allowable radiological 
consequences. The proposed changes are administrative and have no 
adverse effect on any plant system.
    2. Not create the possibility of a new or different kind of 
accident from any accident previously evaluated because no new 
accident initiators or assumptions are introduced by the proposed 
changes. The proposed changes are administrative and have no direct 
effect on any plant systems. The changes do not affect the reactor 
coolant pressure boundary and do not affect any system functional 
requirements, plant maintenance, or operability requirements.
    3. Not involve a significant reduction in the margin of safety 
because the proposed changes do not involve new or significant 
changes to the initial conditions contributing to accident severity 
or consequences. The proposed changes are administrative and have no 
direct effect on any plant systems.

    The NRC staff has reviewed the licensees' 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. 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 3, 1998, the licensees may file a request for a 
hearing with respect to the proposed transfer of operating authority 
under the license and issuance of a conforming 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 which 
is available at the Commission's Public Document Room, the Gelman 
Building, 2120 L Street, NW., Washington, DC, and at the local public 
document room located at the University of Toledo, William Carlson 
Library, Government Documents Collection, 2801 West Bancroft Avenue, 
Toledo, OH 43606. 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

[[Page 41604]]

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 with respect to the proposed amendment, 
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 on the amendment 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 Jay E. Silberg, Esquire, Shaw, 
Pittman, Potts and Trowbridge, 2300 N Street, NW., Washington, DC 
20037, attorney for the licensees.
    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 June 29, 1998, as supplemented by 
letter dated July 14, 1998, which are available for public inspection 
at the Commission's Public Document Room, the Gelman Building, 2120 L 
Street, NW., Washington, DC, and at the local public document room 
located at the University of Toledo, William Carlson Library, 
Government Documents Collection, 2801 West Bancroft Avenue, Toledo, OH 
43606.

    Dated at Rockville, Maryland, this 29th day of July 1998.

    For the Nuclear Regulatory Commission.
Allen G. Hansen,
Project Manager, Project Directorate III-3, Division of Reactor 
Projects--III/IV, Office of Nuclear Reactor Regulation.
[FR Doc. 98-20785 Filed 8-3-98; 8:45 am]
BILLING CODE 7590-01-P