[Federal Register Volume 62, Number 244 (Friday, December 19, 1997)]
[Notices]
[Pages 66697-66699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33230]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. STN 50-454, STN 50-455, STN 50-456 AND STN 50-457]
Commonwealth Edison Company; Notice of Consideration of Issuance
of Amendment to Facility Operating License, Proposed No Significant
Hazards Consideration Determination, 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, NPF-66, NPF-72 and NPF-77 issued to Commonwealth Edison Company
(the licensee) for operation of Byron Station, Units 1 and 2, located
in Ogle County, Illinois and Braidwood Station, Units 1 and 2, located
in Will County, Illinois.
The amendment would amend the Technical Specifications (TS) related
to ``Containment Vessel Structural Integrity,'' to incorporate the
requirements of 10 CFR 50.55a(b)(2)(vi) and 10 CFR 50.55a(b)(2)(ix) and
update the existing Containment Vessel Structural Integrity Programs to
meet the requirements found in Subsection IWL of the 1992 Edition, 1992
Addenda of the American Society of Mechanical Engineers (ASME) Boiler
and Pressure Vessel Code (Code) Section XI. The proposed amendment
would also incorporate Regulatory Guide 1.35.1, 1990, ``Determination
Prestressing Forces for Inspection of Prestressed Concrete
Containment.''
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 licensee has provided its analysis of
the issue of no significant hazards consideration, which is presented
below:
1. The proposed change does not involve a significant increase
in the probability or consequences of an accident previously
evaluated.
The proposed changes revise the surveillance requirements for
containment reinforced concrete and unbonded post-tensioning systems
inservice examinations as required by 10 CFR 50.55a(b)(2)(vi) and 10
CFR 50.55a(b)(2)(ix). The revised requirements affect the inservice
inspection program designed to detect structural degradation of the
containment reinforced concrete and unbonded post-tensioning systems
program and do not affect the function of the containment reinforced
concrete and the unbonded post-tensioning system components. The
reinforced concrete and the unbonded post-tensioning system are
passive components whose failure modes
[[Page 66698]]
could not act as accident initiators or precursors.
The proposed changes do not impact any accident initiators or
analyzed events or assumed mitigation of accident or transient
events. They do not involve the addition or removal of any
equipment, or any design changes to the facility. Therefore, this
proposed amendment does not involve a significant increase in the
probability or consequences of an accident previously evaluated.
2. The proposed change does not create the possibility of a new
or different kind of accident from any accident previously
evaluated.
The proposed changes do not involve a modification to the
physical configuration of the plant (i.e., no new equipment will be
installed) or change in the methods governing normal plant
operation. The proposed changes will not impose any new or different
requirements or introduce a new accident initiator or precursor or
malfunction mechanism. The proposed changes provide an NRC-approved
ASME Code inspection/testing methodology to assure age-related
degradation of the containment structure will not go undetected. The
function of the containment reinforced concrete and the unbonded
post-tentioning system components are not altered by this change.
Additionally, there is no change in the types or increase in the
amounts of any effluent that may be released offsite; and there is
no increase in individual or cumulative occupational radiation
exposure. Therefore, the possibility of a new or different kind of
accident from any previously evaluated has not been created.
3. The proposed change does not involve a significant reduction
in a margin of safety.
The proposed changes revise the surveillance requirements for
containment reinforced concrete and unbonded post-tensioning systems
inservice examinations and tests contained in the referenced TS as
required by 10 CFR 50.55a(b)(2)(vi) and 10 CFR 50.55a(b)(2)(ix). The
proposed changes do not affect the ability of containment to
mitigate design basis accidents, and, therefore, do not result in a
reduction in the margin of safety.
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
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 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 January 20, 1998, 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 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: for Byron, located at 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
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 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
[[Page 66699]]
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 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 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).
For further details with respect to this action, see the
application for amendment dated June 17, 1997, 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 rooms: for Byron, located at 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.
Dated at Rockville, Maryland, this 12th day of December, 1997.
For the Nuclear Regulatory Commission.
George Dick, Jr.,
Project Manager Project Directorate III-2 Division of Reactor
Projects--III/IV Office of Nuclear Reactor Regulation.
[FR Doc. 97-33230 Filed 12-18-97; 8:45 am]
BILLING CODE 7590-01-P
