[Federal Register Volume 61, Number 202 (Thursday, October 17, 1996)]
[Notices]
[Pages 54240-54242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-26589]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-295 and 50-304]
Commonwealth Edison Company; Notice of Consideration of Issuance
of Amendments to Facility Operating Licenses, Proposed No Significant
Hazards Consideration Determination, and Opportunity for a Hearing
The U.S. Nuclear Regulatory Commission (the Commission) is
considering issuance of amendments to Facility Operating License Nos.
DPR-39 and DPR-48 issued to Commonwealth Edison Company (ComEd, the
licensee) for operation of the Zion Nuclear Power Station, Units 1 and
2, located in Lake County, Illinois.
The proposed amendments would add a mode of applicability to
specification 3.2.3.D, Rod Position Indicator Channels.
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
amendments requested involve 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 amendments
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 occurrences of any accident
previously evaluated.
The proposed requirements for the Rod Position Indicator
Channels being applicable in MODE 1 and MODE 2 are acceptable in
that these are the only MODES in which power peaking factors are a
concern, and the OPERABILITY of the Rod Position Indicator Channels
has the potential to affect the safety of the plant. Control rod
alignment limits ensure that power distribution and reactivity
limits defined by the design power peaking and shutdown margin
limits are preserved. In addition, the Rod Position Indicator
Channels are not a precursor to any analyzed accident sequence.
The proposed Required Actions are similar to current Required
Actions when the unit is in MODE 1 and MODE 2. In addition, since
there is no safety significance for inoperable Rod Position
Indicator Channels for shutdown modes, the proposed Required Actions
provide appropriate compensatory actions with the unit in MODE 1 and
MODE 2. Therefore, the initial conditions and system function
assumed in the UFSAR have not changed. As such, the requirement to
have OPERABLE control rod position indication for verification of
control rod alignment limitations when the reactor is in MODE 1 and
MODE 2 does not affect any UFSAR accident analysis.
Therefore, this change does not involve a significant increase
in the probability or consequence 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 do not require a physical alteration of the
plant (no new or different equipment will be installed to implement
this change.) Control rod alignment limits ensure that power
distribution and reactivity limits defined by the design power
peaking and shutdown margin limits are preserved. The Technical
Specifications will require OPERABLE Rod Position Indicator Channels
in MODE 1 and MODE 2 when control rod alignment and insertion limits
are required to maintain acceptable power distribution limits and
shutdown margin.
3. The proposed changes do not involve a significant reduction
in a margin of safety.
The requirement to have OPERABLE Rod Position Indicator Channels
when required by associated control rod alignment and insertion
limits has been clarified. The LCO will continue to require OPERABLE
Rod Position Indicator Channels and an associated Required Action to
be in a mode where the Rod Position Indicator Channels are not
required. Therefore, this change does not involve a significant
reduction in a margin of safety.
[[Page 54241]]
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
amendments requested involve 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 amendments 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 amendments before the expiration
of the 30-day notice period, provided that its final determination is
that the amendments involve 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
Review and Directives Branch, Division of Freedom of Information and
Publications 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 6D22, 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 November 18, 1996, the licensee may file a request for a hearing
with respect to issuance of the amendments 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 Waukegan Public Library, 128 N. County
Street, Waukegan, Illinois 60085. 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 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.
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 amendments requested involve
no significant hazards consideration, the Commission may issue the
amendments and make them immediately effective, notwithstanding the
request for a hearing. Any hearing held would take place after issuance
of the amendments.
If the final determination is that the amendments requested involve
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: 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 Robert A. Capra: petitioner's name and
telephone number, date petition was
[[Page 54242]]
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 20555-0001, and to Michael I. Miller, Esquire; Sidley
and Austin, One First National Plaza, Chicago, Illinois, 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 amendments dated October 4, 1996, which is 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 Waukegan Public Library, 128 N.
County Street, Waukegan, Illinois 60085.
Dated at Rockville, Maryland, this 10th day of October 1996.
For the Nuclear Regulatory Commission.
Donna M. Skay,
Acting Project Manager, Project Directorate III-2, Division of Reactor
Projects--III/IV, Office of Nuclear Reactor Regulation.
[FR Doc. 96-26589 Filed 10-16-96; 8:45 am]
BILLING CODE 7590-01-P
