94-16695. Commonwealth Edison Co.; Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing  

  • [Federal Register Volume 59, Number 131 (Monday, July 11, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-16695]
    
    
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    [Federal Register: July 11, 1994]
    
    
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    NUCLEAR REGULATORY COMMISSION
    [Docket No. STN 50-456]
    
     
    
    Commonwealth Edison Co.; 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 No. 
    NPF-72 issued to Commonwealth Edison Company (CECo, the licensee) for 
    operation of the Braidwood Station, Unit 1, located in Will County, 
    Illinois.
        The proposed amendment would revise the Braidwood, Unit 1, 
    Technical Specifications (TSs) to remove the condition limiting 
    operation of the facility to 100 days during the present fuel cycle 
    when Thot is greater than 500 deg.F and to restore the reactor 
    coolant dose equivalent Iodine-131 limit to 1 microcurie per gram of 
    coolant from the present value of 0.35. Both the limit on permissible 
    operational time and the reduction in the permissible level of Iodine-
    131 were incorporated into the TSs by Amendment No. 50 issued to 
    Facility Operating License No. NPF-72 for Braidwood Station, Unit 1, on 
    May 7, 1994.
        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.
        Braidwood Unit 1 TS Amendment 50 imposed a 100 calendar days with 
    Thot greater than 500 deg.F operating limit on Unit 1. This 
    limitation was a consequence of the amount of main steam line break 
    (MSLB) leakage predicted in Braidwood Station's April 30, 1994, 
    submittal. These predictions were made using the Log-Logistic method of 
    draft NUREG 1477, ``Voltage Based Interim Plugging for Steam Generator 
    Tubes--Task Group Report,'' with the Dose Equivalent Iodine-131 limit 
    of Specification 3.4.8 reduced from 1.0 microcurie per gram 
    (Ci/gm) to 0.35 Ci/gm. However, WCAP 14046; 
    ``Braidwood Unit 1 Technical Support for Cycle 5 Steam Generator 
    Interim Plugging Criteria'' (WCAP-14046), docketed June 10, 1994, as 
    required by Braidwood Station's April 25, 1994, submittal, has shown 
    using the Electric Power Research Institute (EPRI) Leakrate Correlation 
    that projected End Of Cycle (EOC)-5 MSLB leakage is 3.1 gallons per 
    minute (gpm) which is less than the allowable limit of 9.1 gpm for 
    Braidwood Unit 1. This analysis is discussed in detail in WCAP-14046.
        Thus the Unit 1 100-day operating limit and reactor coolant dose 
    equivalent iodine restriction imposed by Amendment 50 on the basis of 
    MSLB leakage is no longer required.
        In addition to the 100-day, leakage based limit, the Nuclear 
    Regulatory Commissions (NRC) Safety Evaluation Report (SER), issued May 
    7, 1994, in support of Braidwood Station's Unit 1 TS Amendment 50 
    discusses a 4.6 month (138 day) limit derived from a deterministic 
    assessment of SG tube burst probability. To address the issue of tube 
    burst for full cycle operation Braidwood Station's April 25, 1994, 
    submittal provided a probabilistic risk assessment which is restated 
    below.
        As part of ComEd's evaluation of the operability of Braidwood Unit 
    1 Cycle 5, a risk evaluation was completed. The objective of this 
    evaluation was to compare core damage frequency, with containment 
    bypass, with and without the interim plugging criteria applied at 
    Braidwood 1.
        ComEd has evaluated the impact of operation using the proposed 
    interim plugging criteria against the results of insights from the 
    draft Braidwood Individual Plant Examination (IPE). Braidwood Station 
    is scheduled to docket its IPE June 30, 1994. Byron Station's IPE was 
    docketed April 20, 1994. The SG sections of these documents are 
    identical.
        While the Braidwood IPE is not in its final form, it is believed 
    that the quantification in hand is sufficiently robust to allow a 
    validation assessment of the impact of such operation. The ComEd 
    evaluation parallels that described in the NRC Staff's SER for Palo 
    Verde Unit 2 dated August 19, 1993.
        The values calculated in WCAP-14046, for Beginning of Cycle (BOC) 5 
    and EOC 5 using 0.6 Probability Of Detection (POD) were used to develop 
    a cycle average burst probability. Another BOC 5 burst probability 
    assuming a POD of 0.6 for indications less than 3 volts and 1.0 for 
    indications greater than 3 volts was used to evaluate the impact of POD 
    on core damage frequency.
        The total Braidwood core damage frequency is estimated to be 2.74E-
    5 per reactor year with a total contribution from containment bypass 
    sequences of 2.9E-8 per reactor year in the current IPE. Operation with 
    the alternate repair criteria with a variable POD is expected to 
    increase the MSLB with containment bypass sequence frequency 
    contribution by a factor of only 10%. An upper bound increase of a 
    factor of two is derived when the fixed POD of 0.6 is employed in the 
    calculation. Neither increase is significant from a risk perspective.
        The reason for a reduced core damage frequency with a higher POD is 
    that large voltage indications have a high assurance of being 
    identified and removed from service during inspection. Therefore, the 
    calculation of burst probability during MSLB changes because of 
    differences in the assumed distribution of indications left in service 
    at BOC. The EOC burst probability also changes because the growth 
    distribution is added to the new BOC distribution of indications. The 
    result of this change is a significant reduction in burst probability 
    during MSLB.
        Therefore, the operation of Braidwood Unit 1 Cycle 5 for a complete 
    18 month fuel cycle with the application of the one volt IPC does not 
    significantly increase the core damage frequency even with the 
    conservative assumption of a POD of 0.6 and application of the full 
    growth rate distribution observed during Cycle 4.
        To further address SG tube burst probability, the following 
    qualitative discussion of limited tube support plate (TSP) displacement 
    is provided. As part of ComEd's technical support for the 
    implementation of IPC at Braidwood Unit 1, numerous quantitative 
    analyses were completed to assure the structural integrity of the SG 
    tubing. These quantitative determinations were provided as part of 
    WCAP-14046. These analyses focused on the quantifiable elements of the 
    IPC to evaluate the impact of crack length on steam generator tube 
    leakage and burst, and were completed consistent with the guidance 
    provided in draft RG 1.121, ``Bases for Plugging Degraded SG Tubes.''
        The bases for these calculations are the analyses completed by the 
    utility industry and reported to the NRC in the EPRI Draft Report TR-
    100407, ``PWR Steam Generator Tube Repair Limits--Technical Support 
    Document for Outside Diameter Stress Corrosion Cracking at Tube Support 
    Plates'', Revision 1, August 1993. As explained in this document, the 
    analyses have been completed to assure that the general design criteria 
    and the requirements of RG 1.121 are met during plant operation.
        In the preparation of these industry documents and the Braidwood 
    Unit 1 specific WCAP-14046, all analyses for leakage and burst 
    potential were completed using the extremely conservative assumption 
    that all Outside Diameter Stress Corrosion Cracking (ODSCC) indications 
    occur on the tubing freespan. In fact, as indicated in both WCAP-14046 
    and EPRI Draft Report TR-100407, ODSCC degradation is confined to the 
    region of the tube/TSP intersection. The burst capability of a section 
    of tube containing ODSCC indications and located within the tube/TSP 
    intersection substantially exceeds the burst capability of a freespan 
    tube section without ODSCC indications. Therefore, tubing left in 
    service by Braidwood's Unit 1 IPC amendment will not burst when 
    confined by the tube support plates.
        In fact, it is highly unlikely that a section of tubing within the 
    tube support plate will leak, even with through wall cracks.
        To assure structural integrity of the tubing, even during a MSLB 
    accident, ComEd undertook extensive analyses, presented as part of 
    WCAP-14046, to show analytically that the TSP's do not move far enough 
    during a MSLB to allow degraded tubes to uncover, and subsequently, 
    result in increased leakage.
        A Generic Model D-4 SG Limited Support Plate Motion Analysis is 
    also being conducted and should be submitted to the NRC by the end of 
    August, 1994.
        This analysis is being performed using the following assumptions:
        1. The TSP crevices are clean,
        2. The TSPs are free to move, depending on applied loads, along the 
    length of the SG tube, and
        3. Movement of the TSPs along the length of the tube is not 
    restricted by bending or distortion of the SG tube hole.
        Each of these base assumptions is extremely conservative in its own 
    right:
        1. For assumption 1, visual inspections of the secondary side of 
    the tube bundles of Braidwood Unit 1 SGs show some quality of deposits 
    in the tube to TSP crevice, and along the length of the tube. Since 
    these deposits are considered to be a possible factor in causing ODSCC, 
    it is likely that any tube having ODSCC indications has deposits in the 
    tube/TSP intersection. These deposits would tend to close the tube to 
    TSP crevice, restricting by friction the ability of the TSP to move 
    along the tubes as loads are applied to the TSP during a MSLB.
        2. With regards to assumptions 2 and 3, the TSPs tend to flex and 
    in some locations, are constrained by tie-rods and wedges attached to 
    the tube bundle shroud. These constraints tend to cause the TSPs to 
    ripple under the applied loads as indicated in WCAP-14046. This effect 
    tends to distort the shape of the tube holes, which are fitted to a 
    tight tolerance around the tubes. Therefore, any distortion of these 
    tube holes caused by motion of the TSP will tend to cause the TSP to 
    bind against the outside diameter of the tube, further constraining its 
    movement away from the degraded area of the tubing.
        The impact of these facts will lessen the ability of the TSP to 
    move, thereby significantly reducing the possibility that a degraded 
    section of tubing would become uncovered during a MSLB.
        Thus, this proposed license amendment request does not result in 
    any increase in the probability or consequences of an accident 
    previously evaluated within the Braidwood Updated Final Safety Analysis 
    Report (UFSAR).
        2. The proposed change does not create the possibility of a new or 
    different kind of accident from any accident previously evaluated.
        Approval of this proposed change does not introduce any significant 
    changes to the plant design basis. Removal of the Amendment 50 and SER 
    operating limits for Unit 1 does not provide a mechanism which could 
    result in a new or different kind of accident. Neither a single or 
    multiple tube rupture event would be expected in a SG in which the IPC 
    has been applied.
        ComEd has implemented a maximum leakage rate limit of 150 gallons 
    per day (gpd) through any one SG to help preclude the potential for 
    excessive leakage during all plant conditions. The RG 1.121 criterion 
    for establishing operational leakage rate limits that require plant 
    shutdown are based upon leak-before-break considerations to detect a 
    free span crack before potential tube rupture during faulted plant 
    conditions. The 150 gpd limit will provide for leakage detection and 
    plant shutdown in the event of the occurrence of an unexpected single 
    crack resulting in leakage that is associated with the longest 
    permissible free span crack length. Since tube burst is precluded 
    during normal operation due to the proximity of the TSP to the tube and 
    the potential exists for the crevice to become uncovered during MSLB 
    conditions, the leakage from the maximum permissible crack must 
    preclude tube burst at MSLB conditions. Thus, the 105 gpd limit 
    provides for plant shutdown prior to reaching critical crack lengths 
    for MSLB conditions.
        As SG tube integrity will continue to be maintained upon approval 
    of this amendment request through inservice inspection and primary-to-
    secondary leakage monitoring, the possibility of a new or different 
    kind of accident from any previously evaluated is not created.
        3. The proposed change does not involve a significant reduction in 
    a margin of safety.
        Braidwood Unit 1 TS Amendment 50 imposed a 100 calendar days with 
    Thot greater than 500 deg.F operating limit on Unit 1. This 
    limitation was a consequence of the amount of MSLB leakage predicted in 
    Braidwood Station's April 30, 1994, submittal. These predictions were 
    made using the Log-Logistic method of draft NUREG 1477, with the Dose 
    Equivalent Iodine-131 limit of Specification 3.4.8 reduced from 1.0 
    Ci/gm to 0.35 Ci/gm. However, WCAP 14046, docketed 
    June 10, 1994, as required by Braidwood Station's April 25, 1994, 
    submittal, has shown using the EPRI Leakrate Correlation that projected 
    EOC-5 MSLB leakage is 3.1 gpm which is less than the allowable limit of 
    9.1 gpm for Braidwood Unit 1. This analysis is discussed in detail in 
    WCAP-14046.
        Thus the Unit 1 operating limit imposed by Amendment 50 on the 
    basis of MSLB leakage is no longer required.
        In addition to the 100 day, leakage based limit, the Nuclear 
    Regulatory Commissions (NRC) Safety Evaluation Report (SER), issued May 
    7, 1994, in support of Braidwood Station's Unit 1 TS Amendment 50 
    discusses a 4.6 month (138 day) limit derived from a deterministic 
    assessment of SG tube burst probability. To address the issue of tube 
    burst for full cycle operation Braidwood Station's April 25, 1994, 
    submittal provided a probabilistic risk assessment which is restated 
    below.
        As part of ComEd's evaluation of the operability of Braidwood Unit 
    1 Cycle 5, a risk evaluation was completed. The objective of this 
    evaluation was to compare core damage frequency, with containment 
    bypass, with and without the interim plugging criteria applied at 
    Braidwood 1.
        ComEd has evaluated the impact of operation using the proposed 
    interim plugging criteria against the results of insights from the 
    draft Braidwood IPE. Braidwood Station is scheduled to docket its IPE 
    June 30, 1994. Byron Station's IPE was docketed April 20, 1994. The SG 
    sections of these documents are identical. While the Braidwood IPE is 
    not in its final form, it is believed that the quantification in hand 
    is sufficiently robust to allow a validation assessment of the impact 
    of such operation. The ComEd evaluation parallels that described in the 
    NRC Staff's SER for Palo Verde Unit 2 dated August 19, 1993.
        The values calculated in WCAP-14046, for BOC 5 and EOC 5 using 0.6 
    POD were used to develop a cycle average burst probability. Another BOC 
    5 burst probability assuming a POD of 0.6 for indications less than 3 
    volts and 1.0 for indications greater than 3 volts was used to evaluate 
    the impact of POD on core damage frequency.
        The total Braidwood core damage frequency is estimated to be 2.74E-
    5 per reactor year with a total contribution from containment bypass 
    sequences of 2.9E-8 per reactor year in the current IPE. Operation with 
    the alternate repair criteria with a variable POD is expected to 
    increase the MSLB with containment bypass sequence frequency 
    contribution by a factor of only 10%. An upper bound increase of a 
    factor of two is derived when the fixed POD of 0.6 is employed in the 
    calculation. Neither increase is significant from a risk perspective.
        The reason for a reduced core damage frequency with a higher POD is 
    that large voltage indications have a high assurance of being 
    identified and removed from service during inspection. Therefore, the 
    calculation of burst probability during MSLB changes because of 
    differences in the assumed distribution of indications left in service 
    at BOC. The EOC burst probability also changes because the growth 
    distribution is added to the new BOC distribution of indications. The 
    result of this change is a significant reduction in burst probability 
    during MSLB.
        Therefore, the operation of Braidwood Unit 1 Cycle 5 for a complete 
    18 month fuel cycle with the application of the one volt IPC does not 
    significantly increase the core damage frequency even with the 
    conservative assumption of a POD of 0.6 and application of the full 
    growth rate distribution observed during Cycle 4.
        To further address SG tube burst probability, the following 
    qualitative discussion of limited TSP displacement is provided.
        As part of ComEd's technical support for the implementation of IPC 
    at Braidwood Unit 1, numerous quantitative analyses were completed to 
    assure the structural integrity of the SG tubing. These quantitative 
    determinations were provided as part of WCAP-14046. These analyses 
    focused on the quantifiable elements of the IPC to evaluate the impact 
    of crack length on steam generator tube leakage and burst, and were 
    completed consistent with the guidance provided in draft RG 1.121.
        The bases for these calculations are the analyses completed by the 
    utility industry and reported to the NRC in the EPRI draft report TR-
    100407. As explained in this document, the analyses have been completed 
    to assure that the general design criteria and the requirements of RG 
    1.121 are met during plant operation.
        In the preparation of these industry documents and the Braidwood 
    Unit 1 specific WCAP-14046, all analyses for leakage and burst 
    potential were completed using the extremely conservative assumption 
    that all ODSCC indications occur on the tubing freespan. In fact, as 
    indicated in both WCAP-14046 and EPRI Draft Report TR-100407, ODSCC 
    degradation is confined to the region of the tube/TSP intersection. The 
    burst capability of a section of tube containing ODSCC indications and 
    located within the tube/TSP intersection substantially exceeds the 
    burst capability of a freespan tube section without ODSCC indications. 
    Therefore, tubing left in service by Braidwood's Unit 1 IPC amendment 
    will not burst when confined by the tube support plates.
        In fact, it is highly unlikely that a section of tubing within the 
    tube support plate will leak, even with through wall cracks.
        To assure structural integrity of the tubing, even during a MSLB 
    accident, ComEd undertook extensive analyses, presented as part of 
    WCAP-14046, to show analytically that the TSPs do not move far enough 
    during a MSLB to allow degraded tubes to uncover, and subsequently, 
    result in increase leakage.
        A Generic Model D-4 SG Limited Support Plate Motion Analysis is 
    also being conducted and should be submitted to the NRC by the end of 
    August, 1994.
        This analysis is being performed using the following assumptions:
        1. The TSP crevices are clean,
        2. The TSPs are free to move, depending on applied loads, along the 
    length of the SG tube, and
        3. Movement of the TSPs along the length of the tube is not 
    restricted by bending or distortion of the SG tube hole.
        Each of these base assumptions is extremely conservative in its own 
    right:
        1. For assumption 1, visual inspections of the secondary side of 
    the tube bundles of Braidwood Unit 1 SGs show some quantity of deposits 
    in the tube to TSP crevice, and along the length of the tube. Since 
    these deposits are considered to be a possible factor in causing ODSCC, 
    it is likely that any tube having ODSCC indications has deposits in the 
    tube/TSP intersection. These deposits would tend to close the tube to 
    TSP crevice, restricting by friction the ability of the TSP to move 
    along the tubes as loads are applied to the TSP during a MSLB.
        2. With regards to assumptions 2 and 3, the TSPs tend to flex and 
    in some locations, are constrained by tie-rods and wedges attached to 
    the tube bundle shroud. These constraints tend to cause the TSPs to 
    ripple under the applied loads as indicated in WCAP-14046. This effect 
    tends to distort the shape of the tube holes, which are fitted to a 
    tight tolerance around the tubes. Therefore, any distortion of these 
    tube holes caused by motion of the TSP will tend to cause the TSP to 
    bind against the outside diameter of the tube, further constraining its 
    movement away from the degraded area of the tubing.
        The impact of these facts will lessen the ability of the TSP to 
    move, thereby significantly reducing the possibility that a degraded 
    section of tubing would become uncovered during a MSLB.
        This evidence, in conjunction with the probability of occurrence of 
    a MSLB, and the probabilistic assessment of the consequences of a MSLB, 
    results in the substantially increased assurance that the consequences 
    of a MSLB will be significantly less severe than those assessed in 
    WCAP-14046 and the generic Model D-4 SG Limited Support Plate Motion 
    Analyses.
        Thus, this proposed change does not involve a significant reduction 
    in a margin of safety.
        The NRC staff has reviewed the pertinent portions of the licensee's 
    analysis and, based on this review, it appears that the three standards 
    of 10 CFR 50.92(c) are satisfied. This staff finding is partially based 
    on the licensee's usage of a constant value for the Probability of 
    Detection (POD) of 0.6 as recommended in draft NUREG-1447. This is 
    consistent with the staff's position in the Safety Evaluation (SE) it 
    issued in support of Amendment No. 50 to the Braidwood, Unit 1, 
    operating license. While the licensee also discussed in its analysis 
    the usage of a higher value for the POD, the staff did not rely on 
    this. 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 Rules Review and 
    Directives Branch, Division of Freedom of Information and Publications 
    Services, Office of Administration, U.S. Nuclear Regulatory Commission, 
    Washington, DC 20555, 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 
    20555.
        The filing of requests for hearing and petitions for leave to 
    intervene is discussed below.
        By August 10, 1994, 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 20555 and at the local 
    public document room located at Wilmington Township 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 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, 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 20555, 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 Robert A. Capra: 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).
        For further details with respect to this action, see the 
    application for amendment dated June 20, 1994, which is available for 
    public inspection at the Commission's Public Document Room, the Gelman 
    Building, 2120 L Street, NW., Washington, DC 20555 and at the local 
    public document room located at Wilmington Township Public Library, 201 
    S. Kankakee Street, Wilmington, Illinois 60481.
    
        Dated at Rockville, Maryland, this 1st day of July 1994.
    
        For the Nuclear Regulatory Commission.
    Ramin R. Assa,
    Acting Project Manager, Project Directorate III-2, Division of Reactor 
    Projects--IV/V, Office of Nuclear Reactor Regulation.
    [FR Doc. 94-16695 Filed 7-8-94; 8:45 am]
    BILLING CODE 7590-01-M
    
    
    

Document Information

Published:
07/11/1994
Department:
Nuclear Regulatory Commission
Entry Type:
Uncategorized Document
Document Number:
94-16695
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: July 11, 1994, Docket No. STN 50-456