99-15244. 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  

  • [Federal Register Volume 64, Number 115 (Wednesday, June 16, 1999)]
    [Notices]
    [Pages 32280-32284]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-15244]
    
    
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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 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. 
    NPF-37 and NPF-66 issued to the Commonwealth Edison Company (ComEd, the 
    licensee) for operation of Byron Station, Unit Nos. 1 and 2, 
    respectively, located in Ogle County, Illinois, and Facility Operating 
    License Nos. NPF-72 and NPF-77 issued to ComEd for the operation of 
    Braidwood Station, Unit Nos. 1 and 2, respectively, located in Will 
    County, Illinois.
        The proposed amendments would change the Technical Specifications 
    to support a plant modification to install new storage racks for fuel 
    in the spent fuel pools (SFP). As part of the modification, the total 
    capacity of the SFP at each station is being increased from 2,870 
    assemblies to 2,984 assemblies.
        Before issuance of the proposed license amendments, the Commission 
    will have made findings as 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:
    
        The proposed Technical Specifications (TS) changes do not 
    involve a significant increase in the probability or consequences of 
    an accident previously evaluated.
        During the installation of the new Holtec spent fuel pool 
    storage racks, both Holtec and the existing Joseph Oat spent fuel 
    pool storage racks will be in the spent fuel pool at the same time. 
    This interim arrangement will not increase the probability or 
    consequences of an accident previously evaluated. The criticality 
    analysis for the Joseph Oat spent fuel pool storage racks states 
    that should a spent fuel pool water temperature change accident or a 
    fuel assembly misload accident occur in the Region 1, Region 2, or 
    failed fuel storage cells, keff will be maintained less 
    than or equal to 0.95 due to the presence of at least 550 ppm (no 
    fuel handling) or 1650 ppm (during fuel handling) of soluble boron 
    in the spent fuel pool water. These assumptions are more 
    conservative than the requirements stated in the criticality 
    analysis for the Holtec spent fuel pool storage racks which only 
    requires 220 ppm boron to maintain keff less than or 
    equal to 0.95 during the worst case fuel assembly misload accident. 
    The new Holtec racks have a superior neutron attenuation capability 
    due to their improved design. The requirement of 2000 ppm boron will 
    be maintained during the entire change out process, therefore, 
    ensuring that keff will remain less than or equal to 
    0.95. At the completion of installation, only Holtec spent fuel pool 
    storage racks will be in the spent fuel pool.
        The previously evaluated Byron and Braidwood Stations accidents 
    relative to spent fuel storage are discussed in the Updated Final 
    Safety Analysis Report (UFSAR) Section 15.7.4, ``Fuel Handling 
    Accidents,'' and UFSAR Section 15.7.5, ``Spent Fuel Cask Drop 
    Accident.'' These accidents were considered for the new Holtec spent 
    fuel pool racks and are listed below.
        a. Spent fuel assembly dropped onto the spent fuel pool floor.
    
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        b. Spent fuel assembly dropped between racks.
        c. Spent fuel assembly dropped between a rack and the spent fuel 
    pool wall.
        d. Spent fuel assembly loaded contrary to placement 
    restrictions.
        e. Spent fuel assembly dropped onto to [sic] a rack.
        f. Spent fuel cask drop.
        g. Change in spent fuel pool water temperature.
    
    Spent Fuel Assembly Dropped Onto the Spent Fuel Pool Floor
    
        The probability and consequences of dropping a spent fuel 
    assembly onto the spent fuel pool liner have been evaluated and 
    shown to be bounded by the existing design basis as described in the 
    Byron and Braidwood Stations UFSAR. The maximum drop distance for a 
    fuel assembly will not change as a result of this design change and, 
    therefore, the consequences of this fuel handling accident remain 
    unchanged. The probability of this fuel handling accident is not 
    changed by the installation of new Holtec spent fuel pool storage 
    racks or by the small increase (approximately 4.0%) in spent fuel 
    storage capacity as the spent fuel handling procedures and equipment 
    are unaffected by the change. Also, the number of spent fuel 
    assemblies is not an input to the initial conditions of this 
    accident evaluation.
    
    Spent Fuel Assembly Dropped Between Racks
    
        The probability and consequences of dropping a fuel assembly 
    between rack modules was previously evaluated under UFSAR Section 
    9.1.2.3.9, ``Accident/Abnormal Storage Conditions in Spent Fuel Pool 
    Racks,'' which supports TS Limiting Condition for Operation (LCO) 
    3.7.15 and was shown to have no effect on reactivity. This is 
    considered a bounding analysis and is applicable to this design 
    change since the new Holtec rack layout still precludes a reactivity 
    increase due to this fuel handling accident. The probability of this 
    event is unaffected due to the similarity between the new Holtec 
    spent fuel pool rack layout and the existing Joseph Oat spent fuel 
    pool rack layout.
    
    Spent Fuel Assembly Dropped Between a Rack and the Spent Fuel Pool 
    Wall
    
        The probability and consequences of dropping a spent fuel 
    assembly between a rack module and the spent fuel wall has been 
    evaluated for the new Holtec spent fuel pool racks. The worst case 
    scenario consists of a fresh fuel assembly, of the highest allowed 
    enrichment, accidentally placed in a cut out area between a rack and 
    the new fuel elevator or tool bracket. The consequences of this 
    event remain within the design basis criticality limit of less than 
    or equal to 0.95 keff, assuming a minimum soluble boron 
    concentration of 220 ppm in the spent fuel pool water. The 
    probability of this event is unaffected due to the similarity 
    between the new Holtec spent fuel pool rack layout and the existing 
    Joseph Oat spent fuel pool rack layout. This event is bounded by the 
    analysis of misloading an assembly into a Region 2 rack, discussed 
    below.
    
    Spent Fuel Assembly Loaded Contrary to Placement Restrictions
    
        The probability and consequences of loading a fuel assembly 
    contrary to placement restrictions has been evaluated for the Holtec 
    racks. A worst case scenario of placing a fuel assembly of the 
    highest enrichment (i.e., 5.0 weight percent U-235) into a Region 2 
    rack cell was shown to remain within the design basis criticality 
    limit of 0.95 keff, assuming a minimum soluble boron 
    concentration of 220 ppm in the spent fuel pool water. The current 
    required soluble boron concentration in the spent fuel pool is 2000 
    ppm. The minimum soluble boron concentration, proposed in 
    conjunction with this design change, is 300 ppm for conservatism. 
    The probability of this event is unaffected by this design change 
    since the existing pool already includes a two region layout, 
    similar to the new Holtec racks. Further, the possibility of a 
    misloaded fuel assembly is minimized by an independent verification 
    of the Nuclear Component Transfer List that prescribes the exact 
    location of each fuel assembly. After an assembly is placed in a 
    spent fuel pool storage cell, station personnel once again 
    independently verify it.
    
    Spent Fuel Assembly Dropped onto to [sic] a Rack
    
        The probability and consequences of dropping a spent fuel 
    assembly onto a spent fuel storage rack have been evaluated for the 
    Holtec racks. The consequences are shown to meet all existing design 
    basis requirements as described in the Byron and Braidwood Station 
    UFSAR. Analyses of the spent fuel drop accidents onto the top of a 
    spent fuel pool storage rack (shallow drop), and a deep drop into 
    the bottom of a cell, resulting in impact at the bottom of the rack 
    cell, were performed to demonstrate that the spent fuel rack retains 
    its structural integrity and capability to safely store spent fuel 
    in adjacent cells. The damage due to a perfectly vertical drop, on 
    the top of a rack, bounds an inclined fuel assembly drop because the 
    impact energy is focused on a single cell wall, which results in 
    maximum cell blockage. The radiological consequences of the drop 
    onto the spent fuel pool liner, shallow drop onto to [sic] the top 
    of the rack, and deep drop into the bottom of a rack cell, are 
    bounded by the existing UFSAR assumptions that 314 fuel rods 
    rupture. The UFSAR design basis dose is shown to be much less than 
    the 10 CFR 100 off-site dose limits of 300 rem to the thyroid and 25 
    rem to the whole body. The probability of these fuel handling 
    accidents occurring is unaffected by the installation of new spent 
    fuel storage racks. The spent fuel handling procedures and equipment 
    are unaffected by this change and therefore there is no increase in 
    the probability of these fuel handling accidents.
    
    Spent Fuel Cask Drop
    
        The probability and consequences of a cask drop were evaluated 
    and shown to be unaffected by the replacement of the existing Joseph 
    Oat spent fuel pool storage racks with Holtec racks. There are no 
    changes to any of the systems, structures, components or equipment 
    associated with the movement of a spent fuel cask. The cask is shown 
    by the Byron and Braidwood Stations UFSAR to be isolated from the 
    spent fuel pool by the combination of guard walls, which are 
    designed to withstand the impact of a cask drop, and both 
    administrative and physical controls. These controls are designed to 
    preclude the fuel handling building crane from traveling over the 
    spent fuel pool. There are also trolley stops on the crane bridge 
    which physically prevent the main hook of the crane from traveling 
    into the spent fuel pool storage area when handling a spent fuel 
    cask. Spent fuel pool rack installation activities and cask handling 
    will not be performed simultaneously, thus minimizing the 
    possibility of improper movement of the cask. This practice is 
    consistent with the Byron and Braidwood Stations UFSAR assumptions 
    relative to new fuel operations. Since there will be no changes to 
    any of the equipment, procedures or operations relative to spent 
    fuel cask handling that are associated with this design change, 
    there is no increase in the probability or consequences of this fuel 
    handling accident.
    
    Change in Spent Fuel Pool Water Temperature
    
        The probability and consequences of a change in the temperature 
    of the spent fuel pool water was evaluated for the potential for an 
    increase in reactivity. The new Holtec rack analysis was performed 
    assuming a spent fuel pool water temperature of 4  deg.C (39 
    deg.F), which is well below the lowest normal operating temperature 
    of 50  deg.F. Because the reactivity temperature coefficient in the 
    spent fuel pool is negative, temperatures greater than 4  deg.C will 
    result in a decrease in reactivity. The probability of this event is 
    unaffected by the spent fuel pool rack replacement because there are 
    no features of this design change affecting the spent fuel pool 
    cooling system or that would prompt a spent fuel pool water 
    temperature decrease.
    
    Rack Installation
    
        Holtec International personnel will execute the construction 
    phases of the Byron and Braidwood Stations rack installations. All 
    construction work will be performed in compliance with Byron and 
    Braidwood Stations' commitments to NUREG-0612 and site-specific 
    procedures. Holtec International and Commonwealth Edison are 
    developing a complete set of operating procedures which cover the 
    entire gamut of operations pertaining to the rack installation 
    effort. Similar procedures have been utilized and successfully 
    implemented by Holtec International on previous rack installation 
    projects. These procedures assure that ALARA practices are followed 
    and provide detailed requirements to assure equipment, personnel, 
    and plant safety.
        Crane and fuel bridge operators will be adequately trained in 
    the operation of load handling machines per the station specific 
    training program. The lifting device designed for handling and 
    installation of the new racks at Byron and Braidwood Stations is in 
    compliance with the provisions of NUREG-0612, including compliance 
    with the primary stress criteria, load testing with a multiplier
    
    [[Page 32282]]
    
    for maximum working load, and nondestructive examination of critical 
    welds.
        An intensive surveillance and inspection program shall be 
    maintained throughout the rack installation phase of the project. A 
    set of inspection points has been established based on experience in 
    numerous previous rack installation campaigns. These inspections 
    have proven to eliminate incidence of rework or erroneous 
    installation.
        Based on the review of the accidents previously analyzed in the 
    UFSAR, and considering the rigorous controls in place for 
    installation of the new spent fuel pool storage racks, it is 
    concluded that there will not be a significant increase in the 
    probability or consequences of an accident previously evaluated.
        The proposed TS changes do not create the possibility of a new 
    or different kind of accident from any accident previously 
    evaluated.
        The replacement of the existing Byron and Braidwood spent fuel 
    pool storage racks, having a capacity of 2870 cells, with new racks 
    having a capacity of 2984 cells, was evaluated for the possibility 
    of creating a new or different accident. The following cases were 
    reviewed:
        a. An accidental drop of a rack into the spent fuel pool, and
        b. Additional heat load resulting from the additional storage 
    capacity.
        A construction accident resulting in a rack drop is an extremely 
    unlikely event. Operability of the cranes will be checked prior to 
    use. Lift equipment and rigging will also be inspected prior to use. 
    Operators of lift equipment and cranes will be trained prior to use. 
    Safe load paths will be followed and Byron and Braidwood Stations' 
    commitments to the provisions of NUREG-0612 will be implemented by 
    use of written procedures that have been utilized for numerous other 
    similar rack installation projects. The Technical Requirements 
    Manual requires that Fuel Handling Building Crane loads be limited 
    to 2000 pounds when traveling over fuel assemblies. This limitation 
    will be adhered to during the entire course of rack installation. In 
    the unlikely event of a rack drop, a leak chase system located 
    beneath the spent fuel pool liner is capable of collecting and 
    isolating the leakage. A rack drop would present limited structural 
    damage to the spent fuel pool slab on grade, due to the slab being 
    founded on rock and soil. Local concrete crushing and possible liner 
    puncture could occur. Failure of the liner would not result in a 
    significant loss of water and no safety related equipment would be 
    affected by the leakage. Make up water is available from 3 separate 
    sources. There are two 500,000 gallon Refueling Water Storage Tanks, 
    non-category 1 back up water sources, and the unborated Safety 
    Category 1 fire protection system, available for spent fuel pool 
    water make up. A rack drop, therefore, does not create the 
    possibility of creating a new or different kind of accident.
        The additional heat load resulting from the additional storage 
    capacity of 114 cells (i.e., approximately 4%) has been evaluated 
    for the possibility of creating a new or different kind of accident. 
    The existing spent fuel pool cooling system has been shown to be 
    capable of removing the decay heat generated by the additional spent 
    fuel assemblies utilizing the standard Byron and Braidwood Stations 
    operating procedures. Since it is shown that the spent fuel pool 
    cooling system will maintain the spent fuel pool water temperature 
    within the existing design basis, as detailed in the Byron and 
    Braidwood UFSAR, it is concluded that the proposed changes do not 
    create a new or different kind of accident.
        Replacing the existing 23 Joseph Oat Boraflex racks with 24 new 
    Holtec racks containing Boral, and increasing the spent fuel storage 
    capacity in each of the spent fuel pools at Byron and Braidwood 
    Stations to 2984 assemblies, will not create the possibility of an 
    accident of a different type. The fuel pool rack and fuel 
    configurations have been analyzed considering criticality, thermal 
    hydraulic, and structural effects. The increase in storage capacity 
    is achieved by the installation of additional racks of similar, but 
    improved design, which are passive components. No new operating 
    schemes or active equipment types will be required to store 
    additional fuel assemblies in the fuel pools. The possibility of a 
    different type of accident occurring is not created since the new 
    racks meet or exceed the requirements applicable to the existing 
    racks.
        Therefore, implementation of the proposed TS changes do not 
    create the possibility of a new or different kind of accident from 
    any previously evaluated.
        The proposed TS changes do not involve a significant reduction 
    in a margin of safety.
        The function of the spent fuel pool is to store fuel assemblies 
    in a subcritical and coolable configuration throughout all 
    environmental and abnormal loadings, such as earthquakes, dropped 
    fuel assemblies, or loss of spent fuel pool cooling. The new spent 
    fuel storage racks are designed to meet all applicable requirements 
    for safe storage of spent fuel and are functionally compatible with 
    the spent fuel pool.
        The Holtec Licensing Report has analyzed the consequences of 
    this reracking project by area. In each area, (i.e., criticality, 
    seismic, structural, thermal hydraulics, and radiological exposure), 
    design basis margins of safety will be maintained. Installation 
    controls specified in Byron and Braidwood Stations' commitments to 
    NUREG-0612 preserve the margins of safety with regard to heavy load 
    restrictions. Compliance with the Byron and Braidwood Station design 
    basis limits and procedure adherence will preclude reducing margins 
    of safety.
        The margin of safety is not reduced as demonstrated by analysis 
    of the seismic, structural, thermal hydraulic, criticality, and 
    radiological aspects of this design change. The Byron and Braidwood 
    Station design basis spent fuel pool maximum bulk temperature 
    acceptance limit of 140 deg. F has been demonstrated to be preserved 
    by analysis. Criticality calculations show that keff will 
    be maintained at less than or equal to 0.95. The new Holtec spent 
    fuel pool storage racks have been designed in accordance with the 
    Byron and Braidwood Station design bases requirements and the NRC OT 
    position paper.
        Since all aspects of the design change have been demonstrated to 
    be within the existing design bases for Byron and Braidwood Stations 
    and the NRC requirements applicable to spent fuel storage, the 
    proposed changes do not involve a significant 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 
    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 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 6D59, 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 July 16, 1999, 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
    
    [[Page 32283]]
    
    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 Byron Public Library District, 109 N. Franklin, P.O. Box 434, 
    Byron, Illinois 61010 for Byron Station, and the Wilmington Public 
    Library, 201 S. Kankakee Street, Wilmington, Illinois 60481 for 
    Braidwood Station. 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 amendments.
        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 Ms. Pamela B. Stroebel, Senior Vice 
    President and General Counsel, Commonwealth Edison Company, P.O. Box 
    767, Chicago, Illinois 60690-0767, 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).
        The Commission hereby provides notice that this is a proceeding on 
    an application for license amendments falling within the scope of 
    section 134 of the Nuclear Waste Policy Act of 1982 (NWPA), 42 U.S.C. 
    10154. Under section 134 of the NWPA, the Commission, at the request of 
    any party to the proceeding, must use hybrid hearing procedures with 
    respect to ``any matter which the Commission determines to be in 
    controversy among the parties.''
        The hybrid procedures in section 134 provide for oral argument on 
    matters in controversy, preceded by discovery under the Commission's 
    rules and the designation, following argument of only those factual 
    issues that involve a genuine and substantial dispute, together with 
    any remaining questions of law, to be resolved in an adjudicatory 
    hearing. Actual adjudicatory hearings are to be held on only those 
    issues found to meet the criteria of section 134 and set for hearing 
    after oral argument.
        The Commission's rules implementing section 134 of the NWPA are 
    found in 10 CFR Part 2, Subpart K, ``Hybrid Hearing Procedures for 
    Expansion of Spent Fuel Storage Capacity at Civilian Nuclear Power 
    Reactors'' (published at 50 FR 41662 dated October 15, 1985). Under 
    those rules, any party to the proceeding may invoke the hybrid hearing 
    procedures by filing with the presiding officer a written request for 
    oral argument under 10 CFR 2.1109. To be timely, the request must be 
    filed within ten (10) days of an order granting a request for hearing 
    or petition to intervene. The presiding officer must grant a timely 
    request for oral argument. The presiding officer may grant an untimely 
    request for oral argument only upon a showing of good cause by the 
    requesting party for the failure to file on time and after providing 
    the other parties an opportunity to respond to the untimely request. If 
    the presiding officer grants a request for oral argument, any hearing 
    held on the application must be
    
    [[Page 32284]]
    
    conducted in accordance with the hybrid hearing procedures. In essence, 
    those procedures limit the time available for discovery and require 
    that an oral argument be held to determine whether any contentions must 
    be resolved in an adjudicatory hearing. If no party to the proceeding 
    timely requests oral argument, and if all untimely requests for oral 
    argument are denied, then the usual procedures in 10 CFR part 2, 
    Subpart G apply.
        For further details with respect to this action, see the 
    application for amendments dated March 23, 1999, 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 Byron Public Library District, 109 N. 
    Franklin, P.O. Box 434, Byron, Illinois 61010 for Byron Station, and 
    the Wilmington Public Library, 201 S. Kankakee Street, Wilmington, 
    Illinois 60481 for Braidwood Station.
    
        Dated at Rockville, Maryland, this 10th day of June 1999.
    
        For the Nuclear Regulatory Commission.
    Stewart N. Bailey,
    Project Manager, Section 2, Project Directorate 3, Division of 
    Licensing Project Management, Office of Nuclear Reactor Regulation.
    [FR Doc. 99-15244 Filed 6-15-99; 8:45 am]
    BILLING CODE 7590-01-P
    
    
    

Document Information

Published:
06/16/1999
Department:
Nuclear Regulatory Commission
Entry Type:
Notice
Document Number:
99-15244
Pages:
32280-32284 (5 pages)
Docket Numbers:
Docket Nos. STN 50-454, STN 50-455, STN 50-456 and STN 50-457
PDF File:
99-15244.pdf