[Federal Register Volume 60, Number 109 (Wednesday, June 7, 1995)]
[Notices]
[Pages 30120-30122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13974]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-277 and 50-278]
PECO Energy Company; Notice of Consideration of Issuance of
Amendment to Facility Operating License and Opportunity for a Hearing
The U.S. Nuclear Regulatory Commission (the Commission) is
considering issuance of an amendment to Facility Operating License Nos.
DPR-44 and DPR-56 issued to PECO Energy Company (the licensee) for
operation of the Peach Bottom Atomic Power Station, Units 2 and 3,
located at York County, Pennsylvania.
The proposed amendment would revise the technical specification
(TS) limiting condition for operation (LCO) for the Peach Bottom
emergency diesel generators (EDGs). The LCOs will be revised to allow a
single EDG to be out of service for a period of 30 days
[[Page 30121]] provided a recently installed tie-line from the
Conowingo Hydroelectric Station is operable. The allowed out of service
time (AOT) for a single EDG will revert to the existing 7 day AOT if
the Conowingo line is inoperable. The LCO will also be modified to
address instances where either the Conowingo line or an EDG become
inoperable if the other is already inoperable. The proposed amendment
will add a TS reporting requirement if the Conowingo line is inoperable
for 15 days. The proposed amendment will also add a surveillance
requirement to verify the operability of the Conowingo line once per
month.
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.
By July 7, 1995, 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 the Government Publications Section, State
Library of Pennsylvania, (Regional Depository) Education Building,
Walnut Street and Commonwealth Avenue, Box 1601, Harrisburg,
Pennsylvania 17105. 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 particularly 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 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
schedule 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 reply 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 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 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 John F. Stolz: 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 J. W. Durham, Sr.,
Esquire, Sr. V.P. and General Counsel, PECO Energy Company, 2301 Market
Street, Philadelphia, Pennsylvania 19101, 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 amendment dated April 7, 1994, as supplemented by
letters dated June 2, and September 6, 1994, 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 Government Publications Section, State
Library of Pennsylvania, (REGIONAL DEPOSITORY) Education Building,
Walnut Street and the Commonwealth Avenue, Box 1601, Harrisburg,
Pennsylvania 17105.
Dated at Rockville, Maryland, this 31st day of May, 1995.
[[Page 30122]] For the Nuclear Regulatory Commission.
John F. Stolz,
Director, Project Directorate I-2, Division of Reactor Projects--I/II,
Office of Nuclear Reactor Regulation.
[FR Doc. 95-13974 Filed 6-6-95; 8:45 am]
BILLING CODE 7590-01-M
