[Federal Register Volume 63, Number 209 (Thursday, October 29, 1998)]
[Notices]
[Pages 58072-58074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-28992]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. STN 50-454, STN 50-455, STN 50-456, STN 50-457]
Commonwealth Edison Co.; Notice of Consideration of Issuance of
Amendments to Facility Operating Licenses and Opportunity for a Hearing
The U.S. Nuclear Regulatory Commission (the Commission) is
considering issuance of an amendment to Facility Operating License Nos.
NPF-37 and NPF-66, issued to Commonwealth Edison Company (ComEd, the
licensee) for operation of Byron Station, Units 1 and 2, located in
Ogle County, Illinois and Facility Operating License Nos. NPF-72 and
NPF-77, issued to ComEd for operation of Braidwood Station, Units 1 and
2, located in Will County, Illinois.
The proposed amendments present a full conversion from the current
Technical Specifications (TS) to TS based on NUREG-1431, Revision 1,
``Standard Technical Specifications--Westinghouse Plants,'' dated April
1995. NUREG-1431 has been developed through working groups composed of
both NRC staff members and industry representatives and has been
endorsed by the staff as part of an industry-wide initiative to
standardize and improve TS. The December 13, 1996, application was
supplemented by letters dated February 24, September 2, October 10,
October 28 and December 8, 1997 and January 27, January 29, February 6,
February 13, February 24, February 26, April 13, April 16, June 1, June
2, July 2, July 8, July 30, July 31, August 11, August 12, September
21, September 25, October 1, October 2, October 5 and October 15, 1998.
As part of this submittal, ComEd has applied the criteria contained in
the Commission's ``Final Policy Statement on Technical Specification
Improvements for Nuclear Power Reactors (final policy statement),''
published in the Federal Register on July 22, 1993 (58 FR 39132), to
the current Byron and Braidwood TSs and using NUREG-1431 as a basis,
developed a proposed set of improved TSs for Byron and Braidwood. The
criteria in the final policy statement were subsequently added to 10
CFR 50.36, ``Technical Specifications,'' in a rule change which was
published in the Federal Register on July 19, 1995 (60 FR 36953) and
became effective on August 18, 1995.
The licensee has categorized the proposed changes to the existing
TSs into five general groupings. These groupings are characterized as
[[Page 58073]]
administrative changes, relocated changes, more restrictive changes,
less restrictive changes, and removed detail.
Administrative changes are those that involve restructuring,
renumbering, rewording, interpretation and complex rearranging of
requirements and other changes not affecting technical content or
substantially revising an operational requirement. The reformatting,
renumbering and rewording process reflects the attributes of NUREG-1431
and do not involve technical changes to the existing TSs. The proposed
changes include: (a) providing the appropriate numbers, etc., for
NUREG-1431 bracketed information (information which must be supplied on
a plant-specific basis, and which may change from plant to plant), (b)
identifying plant-specific wording for system names, etc., and (c)
changing NUREG-1431 section wording to conform to existing licensee
practices. Such changes are administrative in nature and do not impact
initiators of analyzed events or assumed mitigation of accident or
transient events.
More restrictive changes are those involving more stringent
requirements for operation of the facility or eliminate existing
flexibility. 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 will not
alter the operation of process variables, structures, systems and
components described in the safety analyses. For each requirement in
the current Byron and Braidwood TSs that is more restrictive than the
corresponding requirement in NUREG-1431 which the licensee proposes to
retain in the improved Technical Specifications (iTSs), they have
provided an explanation of why they have concluded that retaining the
more restrictive requirement is desirable to ensure safe operation of
the facilities because of specific design features of the plant.
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 TSs 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
(iSTS). 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
will be 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 TSs or if relaxation of the requirements in the current TSs is
warranted based on the justification provided by the licensee.
Some less restrictive changes involve removal of detail from the
current TS to a licensee-controlled document. The details being removed
from the current TS are not assumed to be an initiator of any analyzed
event and are not assumed to mitigate accidents or transients.
Therefore, the relocation does not involve a significant increase in
the probability or consequences of an accident previously evaluated.
Moving some details to a licensee-controlled document will not involve
a significant change in design or operation of the plant and no
hardware is being added to the plant as part of the proposed changes to
the current TS. The changes will not alter assumptions made in the
safety analysis and licensing basis. Therefore, the changes will not
create the possibility of a new or different kind of accident from any
accident previously evaluated. The changes do not reduce the margin of
safety since they have no impact on any safety analysis assumptions.
Some less restrictive changes involve the relocation of entire
specifications, which contain surveillance requirements for structures,
systems, components or variables that do not meet the criteria for
inclusion in the TSs. Relocated changes are those current TS
requirements which do not satisfy or fall within any of the four
criteria specified in the Commission's policy statement and may be
relocated to appropriate licensee-controlled documents.
The licensee's application of the screening criteria is described
in that portion of their December 13, 1996, application titled,
``Application of Selection Criteria to the Byron/Braidwood Technical
Specifications.'' 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 such as the Updated Final Safety Analysis Report (UFSAR), the
TS Bases, the Technical Requirements Manual (TRM), the Selected
Licensee Commitments or plant procedures. Changes made to these
documents will be made pursuant to 10 CFR 50.59 or other appropriate
control mechanisms. In addition, the affected structures, systems,
components or variables are addressed in existing surveillance
procedures which are also subject to 10 CFR 50.59. These proposed
changes will not impose or eliminate any requirements.
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 November 30, 1998, 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: for Byron, the Byron Public Library
District, 109 N. Franklin, P.O. Box 434, Byron, Illinois 61010; for
Braidwood, the Wilmington Public Library, 201 S. Kankakee Street,
Wilmington, Illinois 60481. 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
[[Page 58074]]
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.
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: Rulemaking 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 Michael I. Miller, Esquire; Sidley
and Austin, One First National Plaza, Chicago, Illinois 60603, 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 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 December 13, 1996, as supplemented by
letters dated February 24, September 2, October 10, October 28 and
December 8, 1997 and January 27, January 29, February 6, February 13,
February 24, February 26, April 13, April 16, June 1, June 2, July 2,
July 8, July 30, July 31, August 11, August 12, September 21, September
25, October 1, October 2, October 5 and October 15, 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: for Byron, at the Byron
Public Library District, 109 N. Franklin, P.O. Box 434, Byron, Illinois
61010; and for Braidwood, at the Wilmington Public Library, 201 S.
Kankakee Street, Wilmington, Illinois 60481.
Dated at Rockville, Maryland, this 23d day of October 1998.
For the Nuclear Regulatory Commission.
Ramin R. Assa,
Project Manager, Project Directorate III-2, Division of Reactor
Projects--III/IV, Office of Nuclear Reactor Regulation.
[FR Doc. 98-28992 Filed 10-28-98; 8:45 am]
BILLING CODE 7590-01-P
