[Federal Register Volume 63, Number 149 (Tuesday, August 4, 1998)]
[Notices]
[Pages 41602-41604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-20785]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-346]
Notice of Consideration of Approval of Transfer of License and
Issuance of Amendment to Facility Operating License, Proposed No
Significant Hazards Consideration Determination, and Opportunity for a
Hearing; Toledo Edison Company, Centerior Service Company, and the
Cleveland Electric Illuminating Company
The U.S. Nuclear Regulatory Commission (the Commission) is
considering issuance of an order under 10 CFR 50.80 approving the
transfer of Facility Operating License No. NPF-3 issued to the Toledo
Edison Company, Centerior Service Company, and The Cleveland Electric
Illuminating Company (the licensees) with respect to operating
authority thereunder for the Davis-Besse Nuclear Power Station, Unit
No. 1, located in Ottawa County, Ohio, and considering issuance of a
conforming amendment under 10 CFR 50.90.
The proposed transfer of operating authority under the license
would authorize a new company, FirstEnergy Nuclear Operating Company
(FENOC), to use and operate Davis-Besse and to possess and use related
licensed nuclear materials in accordance with the same conditions and
authorizations included in the current operating license. FENOC would
be formed by FirstEnergy Corporation, the corporate parent of the
licensees, to become the licensed operator for Davis-Besse and would
have exclusive control over the operation and maintenance of the
facility. The license would be amended to reflect the transfer of
authority under the license.
Under the proposed arrangement, ownership of Davis-Besse will
remain unchanged with each owner (The Cleveland Electric Illuminating
Company and Toledo Edison Company) retaining its current ownership
interest. FENOC will not own any portion of Davis-Besse. Likewise, the
owners' entitlement to capacity and energy from Davis-Besse will not be
affected by the proposed change in operating responsibility for Davis-
Besse. The owners will continue to provide all funds for the operation,
maintenance, and decommissioning by FENOC of Davis-Besse. The
responsibility of the owners will include funding for any emergency
situations that might arise at Davis-Besse.
Pursuant to 10 CFR 50.80, the Commission may approve the transfer
of a license, or any right thereunder, after
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notice to interested persons. Such approval is contingent upon the
Commission's determination that the proposed transferee is qualified to
hold the license and that the transfer is otherwise consistent with
applicable provisions of law, regulations, and orders of the
Commission.
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 licensees have provided their analysis
of the issue of no significant hazards consideration, which is
presented below:
The Davis-Besse Nuclear Power Station has reviewed the proposed
changes and determined that a significant hazards consideration does
not exist because operation of the Davis-Besse Nuclear Power
Station, Unit No. 1, in accordance with these changes would:
1a. Not involve a significant increase in the probability of an
accident previously evaluated because no accident initiators or
assumptions are affected. The proposed changes are administrative
and have no direct effect on any plant systems. All Limiting
Conditions for Operation, Limiting Safety System Settings, and
Safety Limits specified in the Technical Specifications will remain
unchanged.
1b. Not involve a significant increase in the consequences of an
accident previously evaluated because no accident conditions or
assumptions are affected. The proposed changes do not alter the
source term, containment isolation, or allowable radiological
consequences. The proposed changes are administrative and have no
adverse effect on any plant system.
2. Not create the possibility of a new or different kind of
accident from any accident previously evaluated because no new
accident initiators or assumptions are introduced by the proposed
changes. The proposed changes are administrative and have no direct
effect on any plant systems. The changes do not affect the reactor
coolant pressure boundary and do not affect any system functional
requirements, plant maintenance, or operability requirements.
3. Not involve a significant reduction in the margin of safety
because the proposed changes do not involve new or significant
changes to the initial conditions contributing to accident severity
or consequences. The proposed changes are administrative and have no
direct effect on any plant systems.
The NRC staff has reviewed the licensees' 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 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 September 3, 1998, the licensees may file a request for a
hearing with respect to the proposed transfer of operating authority
under the license and issuance of a conforming 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 University of Toledo, William Carlson
Library, Government Documents Collection, 2801 West Bancroft Avenue,
Toledo, OH 43606. 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
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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 with respect to the proposed amendment,
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 on the amendment 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 20555-0001, 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 Jay E. Silberg, Esquire, Shaw,
Pittman, Potts and Trowbridge, 2300 N Street, NW., Washington, DC
20037, attorney for the licensees.
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 29, 1998, as supplemented by
letter dated July 14, 1998, 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 University of Toledo, William Carlson Library,
Government Documents Collection, 2801 West Bancroft Avenue, Toledo, OH
43606.
Dated at Rockville, Maryland, this 29th day of July 1998.
For the Nuclear Regulatory Commission.
Allen G. Hansen,
Project Manager, Project Directorate III-3, Division of Reactor
Projects--III/IV, Office of Nuclear Reactor Regulation.
[FR Doc. 98-20785 Filed 8-3-98; 8:45 am]
BILLING CODE 7590-01-P
