[Federal Register Volume 60, Number 250 (Friday, December 29, 1995)]
[Notices]
[Pages 67366-67368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-31480]
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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 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, requested by the licensee in its letter of
November 3, 1995, as supplemented on November 22, 1995, 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,'' September 1992. NUREG-1431 has been developed
through working groups composed of both NRC staff members and
Westinghouse owners and has been endorsed by the staff as part of an
industry-wide initiative to standardize and improve TS. As part of this
submittal, the licensee has applied the criteria contained in the NRC
Final Policy Statement on Technical Specification Improvement for
Nuclear Power Reactors (58 FR 39132, dated 7/22/93) to the current Zion
Nuclear Power Station TS.
The licensee has categorized the proposed changes into four general
groupings. These groupings are characterized as relocated requirements,
administrative changes, less restrictive changes involving deletion of
requirements, and more restrictive changes.
``R''--Relocation of Requirements
Relocating requirements that do not meet the TS criteria, to
documents with an established control program, allows the TS to be
reserved only for those conditions or limitations upon reactor
operation that are necessary to
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adequately limit the possibility of an abnormal situation or event
giving rise to an immediate threat to the public health and safety,
thereby focusing the scope of TS.
Therefore, requirements that do not meet the TS criteria in the NRC
Final Policy Statement on Technical Specification Improvement for
Nuclear Power Reactors have been relocated to other 10 CFR 50.59
controlled documents. This policy statement addresses the scope and
purpose of TS. In doing so, it establishes a specific set of objective
criteria for determining which regulatory requirements and operating
restrictions should be included in the TS. These criteria are as
follows:
Criterion 1: Installed instrumentation that is used to detect and
indicate in the control room, a significant abnormal degradation of the
reactor coolant pressure boundary;
Criterion 2: A process variable that is an initial condition of a
design basis accident (DBA) or transient analyses that either assumes
the failure of or presents a challenge to the integrity of a fission
product barrier;
Criterion 3: A structure, system or component that is part of the
primary success path and which functions or actuates to mitigate a
design basis accident or transient that either assumes the failure of
or presents a challenge to the integrity of a fission barrier;
Criterion 4: A structure, system or component which operating
experience or probabilistic safety assessment has shown to be
significant to public health and safety.
The application of these criteria is provided in the ``Application
of Selection Criteria to the Zion Technical Specifications.''
Requirements which met the criteria have been included in the proposed
improved TS. ComEd proposes to remove the requirements which do not
meet the criteria from the TS and relocate the requirements to a
suitable owner controlled document. The requirements in the relocated
Specifications will not be affected by this TS change. ComEd will
initially continue to perform the required operation and maintenance to
assure that the requirements are satisfied. Relocating specific
requirements for systems or variables will have no impact on the
system's operability or the variable's maintenance, as applicable. 10
CFR 50.59 will be utilized as the control mechanism for the relocated
Specifications as they will be placed in plant procedures or other
controlled documents governed by 10 CFR 50.59. This would allow ComEd
to make changes to these requirements, without NRC approval, if the
change does not involve an unreviewed safety question. These controls
are considered adequate for assuring structures, systems and components
in the relocated specifications are maintained operable and variables
in the relocated specifications are maintained within limits.
``A''--Administrative Changes to Requirements
Reformatting and rewording the remaining requirements in accordance
with the style of the improved Westinghouse Standard Technical
Specifications in NUREG-1431 will make the TS more readily
understandable to plant operators and other users. Application of the
format and style will also assure consistency is achieved between
specifications. As a result, the reformatting and rewording of the TS
has been performed to make them more readily understandable by plant
operators and other users. During this reformatting and rewording
process, no technical changes (either actual or interpretational) to
the TS were made unless they were identified and justified.
``LA''--Less Restrictive, Administrative Deletion of Requirements
Portions of some specifications provide information that is
descriptive in nature regarding the equipment, system(s), actions or
surveillances. This information is proposed to be deleted from the
specification and moved to the proposed Bases, Updated Final Safety
Analysis Report (UFSAR), or procedures. The removal of descriptive
information to the Bases of the TS, UFSAR or procedures is permissible,
because the Bases, UFSAR or procedures will be controlled through a
process which utilizes 10 CFR 50.59. This will not impact the actual
requirements but may provide some flexibility and how the requirement
is conducted. Therefore, the descriptive information that has been
moved continues to be maintained in an appropriately controlled manner.
``M''--More Restrictive Changes to Requirements
The Zion TS are proposed to be modified in some areas to impose
more stringent requirements than previously identified. These more
restrictive modifications are being imposed to be consistent with the
improved Westinghouse Standard TS. Such changes have been made after
ensuring the previously evaluated safety analysis was not affected.
Also, other more restrictive technical changes have been made to
achieve consistency, correct discrepancies, and remove ambiguities from
the specification.
The modifying of the Zion TS and the changes made to achieve
consistency within the specifications have been performed in a manner
such that the most stringent requirements are imposed, except in cases
which are individually evaluated.
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 January 29, 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 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 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
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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 fifteen (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 fifteen (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, 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 ten (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, Director, Project
Directorate III-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 Michael I. Miller, Esquire;
Sidley and Austin, One First National Plaza, Chicago, Illinois 60690,
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 November 3, 1995, as supplemented on
November 22, 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 Waukegan Public Library, 128 N. County Street, Waukegan, Illinois
60085.
Dated at Rockville, Maryland, this 22nd day of December 1995.
For the Nuclear Regulatory Commission.
Robert A. Capra,
Director, Project Directorate III-2, Division of Reactor Projects--III/
IV, Office of Nuclear Reactor Regulation.
[FR Doc. 95-31480 Filed 12-28-95; 8:45 am]
BILLING CODE 7590-01-P
