94-21223. Philadelphia Electric Co.; Notice of Consideration of Issuance of Amendments to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing  

  • [Federal Register Volume 59, Number 166 (Monday, August 29, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-21223]
    
    
    [[Page Unknown]]
    
    [Federal Register: August 29, 1994]
    
    
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    NUCLEAR REGULATORY COMMISSION
    [Docket Nos. 50-277 and 50-278]
    
     
    
    Philadelphia Electric Co.; Notice of Consideration of Issuance of 
    Amendments 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 Nos. 
    DPR-44 and DRP-56 issued to the Philadelphia Electric Company (the 
    licensee) for operation of the Peach Bottom Atomic Power Station, Units 
    2 and 3, located in York County, Pennsylvania.
        The proposed amendments would revise the facility operating license 
    and Appendix A and B of the operating license to change the maximum 
    core power limit from 3293 MWt to 3458 MWt.
        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.
        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 OL changes do not involve a significant 
    increase in the probability or consequences of an accident 
    previously evaluated.
        The proposed power rerate imposes only minor increases in the 
    plant operating conditions. Plant systems, components, and 
    structures have been verified to be capable of performing their 
    intended functions under rerated conditions. When necessary, some 
    components will be modified or replaced prior to implementation of 
    the Power Rerate Program to accommodate the revised operating 
    conditions. No new component or system interactions that could lead 
    to an accident are created. As discussed below, no transient events 
    result in a new sequence of events which could lead to a new 
    accident scenario.
    
    Anticipated Transients Without Scram (ATWS) Analysis
    
        The changes to plant parameters are consistent with the results 
    in NEDC-3198P, ``Generic Evaluations of General Electric Boiling 
    Water Reactor Power Uprate,'' dated July 1991. Therefore, the 
    response to an ATWS event at rerated power will be consistent with 
    the generic response and is acceptable.
    
    ECCS-LOCA Analysis
    
        The current ECCS-LOCA performance analysis already bounds the 
    rerated power conditions. The peak clad temperature for rerated 
    conditions is 1,516 deg.F which is below the 10 CFR 50.46 required 
    limit of 2,200 deg.F. Therefore, the analysis demonstrates that 
    PBAPS, Units 2 and 3 will continue to comply with 10 CFR 50.46 and 
    10 CFR 50, Appendix K at rerated conditions.
    
    Abnormal Operating Transient Analysis
    
        The results of the evaluation of transients indicate that the 
    margin to the Safety Limit Minimum Critical Power Ratio (SLMCPR) is 
    unchanged for the 8x8 array fuel types such as the GE9 product line 
    currently in the Unit 2 and Unit 3 cores, and will increase by 0.01 
    for the GE11 fuel design. The fuel thermal-mechanical limits at 
    power rerate conditions are within the specific design criteria for 
    the GE fuels currently loaded in the PBAPS Unit 2 Cycle 10 core.
        Also, the power-dependent and flow-dependent MCPR and Maximum 
    Average Planar Linear Heat Generation Rate (MAPLHGR) limits 
    developed as part of the core performance improvement program are 
    applicable to rerated conditions. The peak PRV bottom head pressure 
    is still within the ASME requirement for RPV overpressure 
    protection.
        The analysis performed focused on the most limiting transient 
    events in each disturbance category selected specifically for the 
    power rerated evaluations. The results demonstrate that PBAPS Units 
    2 and 3 core thermal power output can be safely increased to the 
    power rerate level without significant impact on the plant safety 
    during a postulated transient event.
    
    (a) Events Resulting in a Nuclear System Pressure Increase
    
    (i) Main Generator Load Rejection with No Steam Bypass
    
        At rerated conditions, the fuel transient thermal and mechanical 
    overpower results remain below the NRC accepted design criteria.
    
    (ii) Main Turbine Trip with No Steam Bypass
    
        The fuel transient thermal responses are less severe than for 
    the Generator Load Rejection event. Therefore, at rerated 
    conditions, this event remains bounded by the Generator Load 
    Rejection event.
    
    (iii) Main Steam Isolation Valve Closure, Flux Scram
    
        The peak RPV bottom head pressure for rerated conditions is 
    slightly higher than the RPV bottom head pressure at current rated 
    conditions due to the higher initial system pressure. However, the 
    resultant pressure is still below the ASME overpressure limit of 
    1,375 psig by a margin of 68 psi.
    
    (b) Events Resulting in a Reactor Vessel Water Temperature Decrease
    
    (i) Inadvertent HPCI Actuation
    
        For the condition analyzed, both the high water level setpoint 
    and the high RPV steam dome pressure SCRAM setpoint are not reached. 
    Based on the peak average fuel surface heat flux results, the HPCI 
    actuation event will be bounded by the limiting pressurization event 
    with respect to delta Critical Power ratio ([delta] CPR) 
    considerations. In addition, the fuel transients thermal and 
    mechanical overpower limits remain within the allowable NRC accepted 
    design values.
    
    (ii) Feedwater Controller Failure-Maximum Demand
    
        The [delta] CPR calculated for this event at rerated conditions 
    is about 0.01 higher than the corresponding value for the current 
    rated power. However, the trend for the Feedwater Controller 
    Failure-Maximum Demand event is consistent with the analysis for the 
    current rated power. This event continues to be the limiting event 
    at the low core flow condition and is bounded by the limiting 
    Generator Load Rejection event. The fuel thermal margin results are 
    within the acceptable limits for the fuel type analyzed.
    
    (iii) Loss of Feedwater Heating
    
        The [delta] CPR for this event at the rerated conditions is 
    bounded by the result estimated for this event at the current rated 
    power level, and remains significantly less than the cycle operating 
    MCPR limit. Because of the round-off process, there is no change 
    between the [delta] CPR results for high and low core flow 
    conditions. However, the results at low core flow conditions are 
    actually slightly higher than for the high core flow condition 
    because of the increased inlet coolant subcooling into the reactor 
    core. The calculated thermal and mechanical overpower limits for 
    this event at power rerate conditions also meet the fuel design 
    criteria.
    
    (c) Event Resulting in a Positive Reactivity Insertion
    
    (i) Rod Withdrawal Error (RWE)
    
        The [delta] CPR calculated for this event at rerated conditions 
    is slightly less than the value for this event at current rated 
    power and is bounded by the generic RWE limits of 0.13 based on 
    implementation of the APRM-Rod Block Monitor TS (ARTS) changes. 
    Therefore, the generic ARTS-based RWE analysis [delta] CPR result is 
    verified for applicability to PBAPS power rerate conditions.
    
    (d) Event Resulting in a Reactor Vessel Coolant Inventory Decrease
    
    (i) Loss of Feedwater Flow
    
        This transient event does not pose any direct threat to the fuel 
    in terms of a power increase from the initial conditions. However, 
    it is included in the power rerate evaluation to provide assurance 
    that sufficient water make-up capability is available to keep the 
    core covered when all normal feedwater is lost.
        The generic analysis results in NEDC-31984P, ``Generic 
    Evaluations of General Electric Boiling Water Reactor Power 
    Uprate,'' dated July 1991, show that at power rerate conditions, the 
    minimum water level is reduced by about 1.5 feed from that 
    previously calculated for current rated power, but a large amount of 
    water, more than 5 feet, remains above the top of the active fuel. 
    The sensed water level outside of the core shroud has also been 
    checked to show adequate operational flexibility exists for setting 
    the Level 1 RPV water level setpoint so that it is not expected to 
    be reached even in the conservative case of a HPCI failure. 
    Therefore, PBAPS, Units 2 and 3 will maintain adequate reactor water 
    level during a postulated Loss of Feedwater Flow event at power 
    rerate conditions.
    
    (e) Event Resulting in a Core Coolant Flow Decrease
    
    (i) Recirculation Pump Seizure
    
        The recirculation pump seizure assumes instantaneous stoppage of 
    the pump motor shaft of one recirculation pump. As a result, the 
    core flow decreases rapidly. The RPV water level swell due to the 
    rapid core flow reduction reaches the high RPV water level setpoint, 
    causing a feedwater pump strip, a turbine trip and subsequently a 
    reactor SCRAM on turbine stop values closure. The peak neutron flux 
    and average fuel surface heat flux do not increase significantly 
    above the initial conditions; therefore, no impact on the fuel 
    thermal margin is postulated to occur.
    
    (f) Event Resulting in a Core Coolant Flow Increase
    
    (i) Recirculation Flow Controller Failure Increasing Flow
    
        The results of this transient for PBAPS, Units 2 and 3 power 
    rerate remain non-limiting as compared with other more severe 
    pressurization events.
    
    (g) Performance Improvements
    
    (i) Main Turbine Bypass Out-of-Service
    
        The main turbine steam bypass out-of-service condition is 
    included in the input assumptions used in the Abnormal Operating 
    Transient Occurrences analyses for power rerate application. The 
    transient analyses results at power rerate conditions reflect the 
    plant response accounting for this condition.
    
    (ii) Single Loop Operation (SLO)
    
        The safety analysis for rerated conditions shows that the SLO 
    mode is valid for power rerate conditions and remains unchanged from 
    the current rated power conditions.
    
    (iii) Final Feedwater Temperature Reduction
    
        Final Feedwater Temperature Reduction is a cycle extension mode 
    of operation, used in conjunction with increased core flow (ICF) at 
    the end of a normal operating cycle. The analyses show that for a 
    temperature reduction up to 55 deg.F, this mode of operation is 
    applicable for operation of PBAPS, Units 2 and 3 at the power rerate 
    conditions.
    
    (h) Other evaluations
    
        These evaluations included the effect of power rerate on the 
    radiological consequences of accidents presented in UFSAR 
    Subsections 5.2, 14.6 and 14.9. The following bounding analyses were 
    performed: (1) Loss-of-Coolant Accident (LOCA); (2) Main Steam Line 
    Break (MSLB) Accident; (3) Fuel Handling Accident; (4) Control Rod 
    Drop Accident; and (5) Instrument Line Break Accident.
        The analyses shows the offsite radiological consequences for the 
    bounding accidents increase, but remain well within the guidelines 
    of 10 CFR 100 as discussed in the UFSAR Section 14.9 and the NRC 
    Safety Evaluation Reports for PBAPS, Units 2 and 3. In general, 
    offsite doses are expected to increase proportionally with reactor 
    power. However, a direct comparison between the original analyses 
    and rerate values has limited meaning because the original analyses 
    could not be fully reconstituted. For the fuel handling accident, 
    control rod drop accident, and instrument line break accident, the 
    offsite doses increase by less than 1 rem. For the MSLB accident, 
    the whole body dose remains less than 1 rem and the thyroid dose 
    increases by only 3% from 85 rem to 88 rem. For the LOCA, a re-
    evaluation of the original analysis was performed. The resultant 
    thyroid dose increased by 19% from 201 rem to 239 rem; however, only 
    about 3% of the increase is due to rerated conditions and 16% due to 
    changes in the analysis model reconstitution. Whole body dose 
    increases slightly to 3.9 rem.
        Accident radiological consequences in the Control Room and 
    Technical Support Center (TSC) were also evaluated. The results show 
    doses are well below the 30-day limit of GCC 19 of Appendix A to 10 
    CFR 50 (i.e., 5 rem whole body and 30 rem thyroid). A re-evaluation 
    of the original analysis was performed. The highest dose consequence 
    is from a main steam line break which results in a dose of 18 rem 
    thyroid compared to 1.5 rem in the UFSAR. However, only about 3% of 
    this increase is due to rerated conditions and 16% is due to 
    analysis model reconstitution. All whole body doses are less than 1 
    rem.
        An evaluation was performed to address the impact of power 
    rerate on accident mitigation features, structures, systems, and 
    components within the balance of plant. The results are as follows:
    
    --Auxiliary systems such as primary containment chilled water, 
    building Heating, Ventilation, and Air Conditioning (HVAC) systems, 
    reactor building closed loop cooling, service water and emergency 
    service water, high pressure service water, spent fuel pool cooling, 
    process auxiliaries such as instrument air and makeup water and the 
    post-accident sampling system were confirmed to operate acceptably 
    under normal and accident conditions at rerated conditions.
    --Combustible gas control systems were confirmed to be capable of 
    maintaining oxygen concentrations inside the primary containment 
    within limits under post accident conditions after implementation of 
    the Power Rerate Program.
    --The secondary containment and standby gas treatment system were 
    confirmed to be able to adequately contain, process, and control the 
    release of normal and post-accident levels of radioactivity at 
    rerated conditions.
    --Instrumentation was reviewed and confirmed to be capable of 
    performing its control and monitoring functions under rerated 
    conditions.
    --Electric power systems including the turbine generator and 
    switchgear components were verified as being capable of providing 
    the electrical load as a result of the rerated power levels. No 
    safety-related electrical loads were affected which would impact the 
    emergency diesel generators.
    --Piping systems were evaluated for the effect of operation at 
    higher power levels, including transient loadings. The evaluation 
    confirmed that with few exceptions piping and supports are adequate 
    to accommodate the increased loadings resulting from operation at 
    rerated power conditions. In a few cases, piping supports will be 
    modified to accept the higher forces due to rerated conditions.
    --The effect of rerated conditions on high energy line break (HELB) 
    for all NSSS and BOP systems were evaluated. The evaluation 
    confirmed structures, systems, and components important to safety 
    are capable of accommodating the effects of jet impingement and 
    blowdown forces and the environmental effects resulting from HELB 
    events at rerated conditions.
    --Control room habitability was evaluated. Post-accident Control 
    Room and TSC doses at rerated conditions were confirmed to be within 
    the limits of GDC 19 of 10 CFR 50, Appendix A.
    --Doses for normal operation at rerated conditions were reviewed and 
    confirmed to remain within the limits of 10 CFR 20 and 10 CFR 50, 
    Appendix I. The impact on post-accident sampling activities and 
    post-accident access to vital areas was also confirmed to be 
    acceptable.
    --The environmental qualification of equipment important to safety 
    was evaluated for the impact of normal and accident operating 
    conditions at rerated power levels. The majority of equipment 
    remains qualified for the new conditions. For equipment not 
    qualified corrective actions will be taken to ensure the plant 
    equipment will perform their intended functions under rerated 
    conditions. No new equipment will be added for power rerate which 
    would increase the potential for component failure. The Preventative 
    [Preventive] Maintenance Program (PMP) is not power dependent and 
    will continue to provide for equipment repair or replacement at 
    rerated power conditions.
    --The impact of operation at rerated power levels was evaluated for 
    Station Blackout and fire safe shutdown area heat-up concerns. The 
    evaluation confirmed there is no adverse impact from rerated 
    conditions on the ability of the plant to achieve safe shutdown 
    under these conditions.
    
        The consequences of all transients and special events (i.e., 
    ATWS and Station Blackout) remain within NRC accepted criteria for 
    rerated conditions. Concurrent malfunctions assumed to occur during 
    accidents have been accounted for in the safety analyses for rerated 
    conditions. The consequences of these equipment malfunctions do not 
    change with implementation of the Power Rerate Program.
        All equipment ``Important to Safety'' is capable or will be 
    modified/replaced to be capable of performing its intended function. 
    The availability of redundant systems to provide safety functions in 
    the event of component malfunction is not impacted as a result of 
    rerated conditions.
        Furthermore, the impact of power rerate on the consequences of 
    abnormal transients and accident conditions which are a result of 
    component malfunctions has been shown to be acceptable.
        The probability (i.e., frequency of occurrence) of DBAs 
    occurring is not affected by the increased power level, as the 
    applicable regulatory criteria established for plant equipment 
    (e.g., ANSI Standard B31.1, ASME code, NRC Regulatory Guides) will 
    still be followed as the plant is operated at the rerated power 
    level. Reactor SCRAM setpoints will be established such that there 
    is no significant increase in scram frequency due to rerated 
    conditions. No new challenges to safety-related equipment will 
    result from power rerate.
        The changes in consequences of hypothetical accidents which 
    would occur from 102% of the rerated power, compared to those 
    previously evaluated, are in all cases not significant, because the 
    accident evaluations from a power rerate to 105% of original rated 
    power will not result in exceeding the applicable NRC approved 
    acceptance limits. The spectrum of hypothetical accidents and 
    transients has been investigated, and have been determined to meet 
    the current regulatory criteria for PBAPS, Units 2 and 3 at rerated 
    conditions. The offsite doses resulting from DBAs are calculated to 
    increase only a few percent (i.e., approximately 3%) because of the 
    rerated power level and remain below 10 CFR 100 limits. In the area 
    of core design, the fuel operating limits will still be met at the 
    rerated power level, and fuel reload analyses will show plant 
    transients meet the criteria accepted by the NRC as specified in 
    NEDO-24011, ``GESTAR II.''
        Challenges to fuel or ECCS performance were evaluated and shown 
    to still meet the criteria of 10 CFR 46 and 10 CFR 50, Appendix K. 
    Challenges to the containment have been evaluated and still meet 10 
    CFR 50, Appendix A GDC 38, Long Term Cooling, and GDC 50, 
    Containment. Radiological Release events have been evaluated and 
    shown to meet the guidelines of 10 CFR 100. Therefore, the proposed 
    OL changes do not involve a significant increase in the probability 
    or consequences of an accident previously evaluated.
        (2) The proposed OL changes do not create the possibility of a 
    new or different kind of accident from any accident previously 
    evaluated.
        All actions to ensure that safety-related structures, systems, 
    and components will remain within their design allowable values and 
    ensure they can perform their intended functions under rerated 
    conditions will be taken prior to implementation of power rerate. 
    Power rerate does not increase challenges to or create any new 
    challenge to safety-related equipment or other equipment whose 
    failure could cause an accident. No new equipment is added as a 
    result of implementing the Power Rerate Program which could create 
    the possibility of a new type of accident. In addition, power rerate 
    does not create any new sequence of events or failure modes that 
    lead to a new type of accident.
        No new operating mode, safety-related equipment lineup, accident 
    scenario, or equipment failure mode was identified as resulting from 
    the implementation of the Power Rerate Program. The full spectrum of 
    accident considerations defined in NRC Regulatory Guide 1.70 have 
    been evaluated for rerated conditions and no new or different kind 
    of accident has been identified. Implementation of the Power Rerate 
    Program uses already-developed technology and applies it within the 
    capabilities of already existing plant equipment in accordance with 
    presently existing regulatory criteria to include applicable NRC 
    approved codes, standards, and methods. GE has designed BWRs of 
    higher power levels than the rerated power of any of the currently 
    operating BWR fleet and no new power dependent accidents have been 
    identified.
        Therefore, the proposed OL changes do not create the possibility 
    of a new or different kind of accident from any accident previously 
    evaluated.
        (3) The proposed OL changes do not involve a significant 
    reduction in a margin of safety.
        Power rerate will not involve a significant reduction in a 
    margin of safety, as plant equipment and reactions to transients and 
    hypothetical accidents will not result in exceeding the presently 
    approved NRC acceptance limits.
        For systems addressed in the TS Sections 2.1, 2.2, 3.1, 3.2, 
    3.4, 3.5, 3.6, and 3.7 (i.e., RPS, Protective Instrumentation, SLCS, 
    HPCI, RCIC, Primary System Boundary and Containment Systems) all 
    components will be operable and capable of performing their intended 
    functions under power rerate conditions such that the existing 
    margin of safety is not impacted.
        For TS Bases 3.7.A and 4.7.A, the impact of rerated conditions 
    affects LOCA offsite radiological consequences discussed in that 
    section. A re-evaluation of the original analysis was performed. The 
    resultant offsite thyroid dose increased by 19% from 201 rem to 239 
    rem; however, only about 3% of the increase is due to rerated 
    conditions and 16% is due to the analysis model reconstituted. This 
    preserves adequate margin between expected offsite doses and 10 CFR 
    100 guidelines.
        The events (i.e., transients and accidents) from the TS Bases 
    (e.g. TS Bases 2.1, 3.1) were evaluated for rerated conditions. 
    Although some changes to the TS are required for power rerate, no 
    NRC acceptance limit will be exceeded. Therefore, the margins of 
    safety to the safety limits and other TS limits will be maintained.
        Therefore, the proposed OL changes do not involve a significant 
    reduction in a margin of safety.
    
        The NRC 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 
    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 request for hearing and petitions for leave to 
    intervene is discussed below.
        By September 28, 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 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 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 Mohan C. Thadani, Acting Director, 
    Project Directorate I-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 General Counsel, U.S. Nuclear Regulatory 
    Commission, Washington, DC 20555, and to J.W. Durham, Sr., Esquire, Sr. 
    V.P. and General Counsel, Philadelphia Electric 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).
        For further details with respect to this action, see the 
    application for amendment dated June 23, 1993, 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 the Government Publications Section, 
    State Library of Pennsylvania, (Regional Depository) Education 
    Building, Walnut Street and Commonwealth Avenue, Box 1601, Harrisburg, 
    Pennsylvania 17105.
    
        Dated at Rockville, Maryland, this 23rd day of August 1994.
    
        For The Nuclear Regulatory Commission
    Joseph W. Shea,
    Project Manager, Project Directorate I-2, Division of Reactor 
    Projects--I/II, Office of Nuclear Reactor Regulation.
    [FR Doc. 94-21223 Filed 8-26-94; 8:45 am]
    BILLING CODE 7590-01-M
    
    
    

Document Information

Published:
08/29/1994
Department:
Nuclear Regulatory Commission
Entry Type:
Uncategorized Document
Document Number:
94-21223
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: August 29, 1994, Docket Nos. 50-277 and 50-278