[Federal Register Volume 61, Number 7 (Wednesday, January 10, 1996)]
[Notices]
[Pages 734-735]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-349]
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NUCLEAR REGULATORY COMMISSION
Georgia Power Company, et al.; Vogtle Electric Generating Plant,
Units 1 and 2 Notice of Consideration of Issuance of Amendments to
Facility Operating Licenses and Opportunity for a Hearing
[Docket Nos. 50-424 and 50-425]
The U.S. Nuclear Regulatory Commission (the Commission) is
considering issuance of amendments to Facility Operating License Nos.
NPF-68 and NPF-84, issued to the Georgia Power Company, et al. (the
licensee), for operation of the Vogtle Electric Generating Plant (VEGP,
Vogtle), Units 1 and 2, located at the licensee's site in Burke County,
Georgia.
The proposed amendments were initially requested by the licensee in
a letter dated May 1, 1995, and a notice of the Commission's
consideration of the licensee's proposal was published in the Federal
Register on September 7, 1995 (60 FR 46633). On September 26, 1995, the
Commission published a revision to 10 CFR Part 50, Appendix J (60 FR
49505), which became effective October 26, 1995. The licensee
supplemented the initial May 1, 1995, application by letters dated
August 3 and 9, September 20, November 22, and December 21, 1995. The
December 21, 1995, letter included information that is outside the
scope of the initial application in that it includes a proposal to
adopt certain provisions of the revised 10 CFR Part 50, Appendix J,
that was published subsequent to the initial Federal Register notice.
As stated in the initial Federal Register notice, the proposed
amendments would represent a full conversion from the current Technical
Specifications (TS) to a set of TS based on NUREG-1431, ``Standard
Technical Specifications, Westinghouse Plants,'' Revision 1, dated
April 1995. NUREG-1431 was developed through working groups composed of
NRC staff members and industry representatives and has been endorsed by
the staff as part of an industry-wide initiative to standardize and
improve the TS. As part of this submittal, the licensee has applied the
criteria contained in the Commission's Final Policy Statement on
Technical Specification Improvements for Nuclear Power Reactors of July
22, 1993, to the current Vogtle TS, and, using NUREG-1431 as a basis,
developed a proposed set of improved TS for Vogtle. The criteria in the
Final Policy Statement were subsequently added to 10 CFR 50.36,
``Technical Specifications,'' in a rule change which became effective
on August 18, 1995 (60 FR 36953).
The licensee has categorized the proposed changes to the existing
TS into four general groupings. These groupings are characterized as
administrative changes, relocated changes, more restrictive changes,
and less restrictive changes. The licensee's decision to adopt certain
provisions of the revised 10 CFR Part 50, Appendix J, is considered a
less restrictive change. Less restrictive changes are those where
current requirements are relaxed or eliminated, or new flexibility is
provided. The more significant ``less restrictive'' requirements are
justified on a case-by-case basis. When requirements have been shown to
provide little or no safety benefit, their removal from the TS may be
appropriate. In most cases, relaxations previously granted to
individual plants on a plant-specific basis were the result of (a)
generic NRC actions, (b) new NRC staff positions that have evolved from
technological advancements and operating experience, or (c) resolution
of the Owners Groups' comments on the improved Standard Technical
Specifications. Generic relaxations contained in NUREG-1431 were
reviewed by the staff and found to be acceptable because they are
consistent with current licensing practices and NRC regulations. The
licensee's design was reviewed to determine if the specific design
basis and licensing basis are consistent with the technical basis for
the model requirements in NUREG-1431 and thus provides a basis for
these revised TS. These less restrictive changes to the requirements of
the current TS do not result in operations that will alter assumptions
relative to mitigation of an analyzed accident or transient event.
The licensee's proposal would adopt Option B of 10 CFR Part 50,
Appendix J, as part of the implementation of the improved standard TS.
The proposal adds a specific reference to Regulatory Guide (RG) 1.163,
``Performance-Based Containment Leak-Test Program'' in the
Administrative Controls section of the Vogtle TS. No exceptions to the
RG, nor the documents which are endorsed by the RG, are being
requested. The licensee does not propose to deviate from the methods
approved by the Commission and endorsed in the RG. The amendment
proposes that a detailed performance-based leakage-test program will be
available for NRC inspection upon implementation of the new TS.
Before issuance of the proposed license amendments, the Commission
will have made findings required by the Atomic Energy Act of 1954, as
amended (the Act) and the Commission's regulations.
By February 9, 1996, 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 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 Burke County Library, 412 Fourth Street,
Waynesboro, Georgia. 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
[[Page 735]]
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 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.
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 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 Herbert N. Berkow, Director, Project Directorate
II-2: petitioner's name and telephone number; date petition was mailed;
plant name; and publication date and page number of this 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 Ernest L. Blake, Jr, Esquire, Shaw,
Pittman, Potts, and 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 amendments 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 consideration in accordance with 10 CFR 50.91 and 50.92.
For further details with respect to this action, see the
application for amendments dated May 1, 1995, as supplemented by
letters dated August 3 and 9, September 22, November 20, and December
21, 1995, 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
Burke County Library, 412 Fourth Street, Waynesboro, Georgia.
Dated at Rockville, Maryland, this 4th day of January 1996.
For the Nuclear Regulatory Commission.
L.A. Wiens,
Acting Director, Project Directorate II-2, Division of Reactor
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 96-349 Filed 1-9-96; 8:45 am]
BILLING CODE 7590-01-P
