[Federal Register Volume 59, Number 159 (Thursday, August 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20262]
[[Page Unknown]]
[Federal Register: August 18, 1994]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-321 and 50-366]
Georgia Power Co., et al.; 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-57 and DPR-5, issued to Georgia Power Company, Oglethorpe Power
Corporation, Municipal Electric Authority of Georgia, City of Dalton,
Georgia (the licensee), for operation of the Edwin I. Hatch Nuclear
Plant, Units 1 and 2 located in Appling County, Georgia.
The proposed amendments would replace the current Technical
Specifications (TS) with a set of TS based on the new Boiling Water
Reactor (BWR) Owners Group Standard Technical Specifications, NUREG-
1433, ``Standard Technical Specifications General Electric Plants, BWR/
4.'' The adoption of the Owners Group approved TS is part of an
industry-wide initiative to standardize and improve the TS. Hatch Unit
is the lead plant for adoption of the BWR Owners Group standardized TS.
The changes in the TS can be grouped into 4 categories: non-
technical changes, more stringent requirements, relocation of
requirements to other controlled documents, and relaxation of existing
requirements.
Non-technical changes are intended to make the TS easier to use for
plant operations personnel.
More stringent requirements are either more conservative than the
corresponding requirements in the current TS, or are additional
restrictions which are not in the current TS. The more stringent
requirements provide an additional safety margin.
Relocation of requirements involves items that are currently in the
TS but do not meet the criteria set forth in the Commission's Policy
Statement on Technical specification Improvement. These items may be
removed from the TS and placed in some other controlled document. Once
these items have been relocated, the licensee generally would be able
to revise them under the provisions of 10 CFR 50.59 without a license
amendment.
The relaxation of existing requirements is based on operating
experience. When restrictions are shown to provide little or no safety
benefit and place a burden on the licensee, their removal from the TS
may be justified. In most cases, relaxations have previously been
granted to individual plants on a plant-specific basis.
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 September 19, 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 the Appling County Public Library, 301
City Hall Drive, Baxley, Georgia 31513. 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 CAR 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 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 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 prevent 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 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 Indentification Number N1023 and the
following message addressed to Herbert N. Berkow: 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 Ernest L.
Blake, Jr., Esquire, Shaw, Pittman, Potts and Trowbridge, 2300 N
Street, NW., Washington, DC 20037, 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 February 25, 1994, as supplemented on
July 8 and August 8, 1994, which are 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 the Appling County Public Library, 301 City Hall Drive,
Baxley, Georgia 31513.
Dated at Rockville, Maryland, this 12th day of August 1994.
For the Nuclear Regulatory Commission.
Leonard A. Wiens,
Acting Director, Project Directorate II-3, Division of Reactor
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 94-20262 Filed 8-17-94; 8:45 am]
BILLING CODE 7590-01-M
