Federal Register / Vol. 69, No. 188 / Wednesday, September 29, 2004 / Notices 58205

For the Nuclear Regulatory Commission. 

Leonard N. Olshan, Sr. 

Project Manager, Section 1, Project 

Directorate II, Division of Licensing Project 

Management, Office of Nuclear Reactor 

Regulation.

[FR Doc. 04–21764 Filed 9–28–04; 8:45 am] 

BILLING CODE 7590–01–P

NUCLEAR REGULATORY 

COMMISSION 

[Docket Nos. 50–315 and 50–316] 

Indiana Michigan Power Company; 

Notice of Consideration of Issuance of 

Amendments To Facility Operating 

Licenses and Opportunity for a 

Hearing 

The U.S. Nuclear Regulatory 

Commission (NRC or the Commission) 

is considering issuance of an 

amendment to Facility Operating 

License Nos. DPR–58 and DPR–74 

issued to Indiana Michigan Power 

Company (I&M or the licensee) for 

operation of the Donald C. Cook Nuclear 

Plant, Units 1 and 2, (D. C. Cook) 

located in Berrien County, Michigan. 

The proposed amendment, requested 

by I&M in its application dated April 6, 

2004, represents a full conversion from 

the Current Technical Specifications 

(CTS) to a set of Improved Technical 

Specifications (ITS) based on NUREG–

1431, ‘‘Standard Technical 

Specifications (STS) for Westinghouse 

Plants,’’ Revision 2, dated April 2001. 

NUREG–1431 has been developed by 

the Commission’s staff through working 

groups composed of both NRC staff 

members and industry representatives, 

and has been endorsed by the NRC staff 

as part of an industry-wide initiative to 

standardize and improve the Technical 

Specifications (TSs) for nuclear power 

plants. As part of this submittal, the 

licensee has applied the criteria 

contained in the Commission’s ‘‘Final 

Policy Statement on Technical 

Specification Improvements for Nuclear 

Power Reactors (Final Policy 

Statement),’’ published in the Federal 

Register on July 22,1993 (58 FR 39132), 

to the CTS and using NUREG–1431 as 

a basis, proposed an ITS for D. C. Cook. 

The criteria in the Final Policy 

Statement was subsequently added to 

Title 10 of the Code of Federal 

Regulations (10 CFR), Part 50.36, 

‘‘Technical Specifications,’’ in a rule 

change that was published in the 

Federal Register on July 19, 1995 (60 FR 

36953) and became effective on August 

18, 1995. 

In addition to the conversion, the 

licensee also proposed: (1) To delete 

three license conditions in the operating 

licenses for D. C. Cook Units 1 and 2 

and relocate the requirements to either 

the ITS or the Technical Requirements 

Manual of the D. C. Cook Updated Final 

Safety Analysis Report (UFSAR); and (2) 

34 beyond scope issues (BSIs) where the 

proposed requirements are different 

from the CTS or the STS NUREG–1431. 

The BSIs are identified later in this 

notice. 

This notice is based on the 

application dated April 6, 2004, and the 

information provided to the NRC 

through the Cook ITS Conversion Web 

page. To expedite its review of the 

application, the NRC staff issued its 

requests for additional information 

(RAIs) through the Cook ITS Conversion 

Web page and the licensee addressed 

the RAIs by providing responses on the 

Web page. Entry into the database is 

protected so that only licensee and NRC 

reviewers can enter information into the 

database to add RAIs (NRC) or providing 

responses to the RAIs (licensee); 

however, the public can enter the 

database to only read the questions 

asked and the responses provided. To be 

in compliance with the regulations for 

written communications for license 

amendment requests and to have the 

database on the D. C. Cook dockets 

before the amendments would be 

issued, the licensee will submit a copy 

of the database in a submittal to the 

NRC after there are no further RAIs and 

before the amendments would be 

issued. The public can access the 

database through the NRC Web site at 

http://www.nrc.gov by the following 

process: (1) Click on the tab labeled 

‘‘Nuclear Reactors’’ on the NRC home 

page along the upper part of the web 

page, (2) then click on the link to 

‘‘Operating Reactors,’’ which is under 

‘‘Regulated Activities’’ on the left hand 

side of the web page, (3) then click on 

the link to ‘‘Improved Standard 

Technical Specifications’’ which is on 

right hand side of the page, and (4) 

finally click on the link to ‘‘Comments 

on the application and responses by D. 

C. Cook,’’ near the bottom of the Web 

page, to open the database. The RAIs 

and responses to RAIs are organized by 

ITS Sections 1.0, 2.0, 3.0, 3.1 through 

3.9, 4.0, and 5.0, which are listed first, 

and the 34 BSIs, which are listed later. 

For every listed ITS section or BSI, there 

is an RAI which can be read by clicking 

on the ITS section or BSI number. The 

licensee’s responses are shown by a 

solid triangle adjacent to the ITS section 

or BSI number, and, to read the 

response, you click on the triangle. To 

page down through the ITS sections to 

the BSIs, click on ‘‘next’’ along the top 

of the page or on ‘‘previous’’ to return 

to the previous page. 

The licensee has categorized the 

proposed changes to the CTS into five 

general groupings within the 

description of changes (DOC) section of 

the application. These groupings are 

characterized as administrative changes 

(i.e., ITS x.x, DOC A.xx), more 

restrictive changes (i.e., ITS x.x, DOC 

M.xx), relocated specifications (i.e., ITS 

x.x, DOC R.xx), removed detail changes 

(i.e., ITS x.x, DOC LA.xx), and less 

restrictive changes (i.e., ITS x.x, DOC 

L.xx). This is to say that the DOCs are 

numbered sequentially within each 

letter designator for each ITS Chapter, 

Section, or Specification, and the 

designations are A.xx for administrative 

changes, M.xx for more restrictive 

changes, R.xx for relocated 

specifications, LA.xx for removed detail 

changes, and L.xx for less restrictive 

changes. These changes to the 

requirements of the CTS do not result in 

operations that will alter assumptions 

relative to mitigation of an analyzed 

accident or transient event. 

Administrative changes are those that 

involve restructuring, renumbering, 

rewording interpretation and complex 

rearranging of requirements and other 

changes not affecting technical content 

or substantially revising an operating 

requirement. The reformatting, 

renumbering and rewording process 

reflects the attributes of NUREG–1431 

and does not involve technical changes 

to the CTS. The proposed changes 

include: (a) Providing the appropriate 

numbers, etc., for NUREG–1431 

bracketed information (information that 

must be supplied on a plant-specific 

basis, and which may change from plant 

to plant); (b) identifying plant-specific 

wording for system names, etc.; and (c) 

changing NUREG–1431 section wording 

to conform to existing licensee 

practices. Such changes are 

administrative in nature and do not 

impact initiators of analyzed events or 

assumed mitigation of accident or 

transient events.

More restrictive changes are those 

involving more stringent requirements 

compared to the CTS for operation of 

the facility. These more stringent 

requirements do not result in operation 

that will alter assumptions relative to 

the mitigation of an accident or 

transient event. The more restrictive 

requirements will not alter the operation 

of process variables, structures, systems, 

and components described in the safety 

analyses. For each requirement in the 

STS that is more restrictive than the 

CTS that the licensee proposes to adopt 

in the ITS, the licensee has provided an 

explanation as to why it has concluded 

58206 Federal Register / Vol. 69, No. 188 / Wednesday, September 29, 2004 / Notices 

that adopting the more restrictive 

requirement is desirable to ensure safe 

operation of the facility because of 

specific design features of the plant. 

Relocated changes are those involving 

relocation of requirements and 

surveillances for structures, systems, 

components, or variables that do not 

meet the criteria for inclusion in TSs. 

Relocated changes are those CTS 

requirements that do not satisfy or fall 

within any of the four criteria specified 

in the 10 CFR 50.36(c) and, therefore, 

may be relocated to appropriate 

licensee-controlled documents. 

The licensee’s application of the 

screening criteria is described in 

Attachment 1 to the licensee’s April 6, 

2004, application, ‘‘Donald C. Cook 

Nuclear Plant, Units 1 and 2, License 

Amendment Request—Conversion of 

Current Technical Specifications (CTS) 

to Improved Technical Specifications 

(ITS).’’ The affected structures, systems, 

components or variables are not 

assumed to be initiators of analyzed 

events and are not assumed to mitigate 

accident or transient events. The 

requirements and surveillances for these 

affected structures, systems, 

components, or variables will be 

relocated from the TSs to 

administratively-controlled documents 

such as the quality assurance program, 

the UFSAR, the ITS Bases, the technical 

requirements manual that is 

incorporated by reference in the 

UFSAR, the core operating limits report, 

the offsite dose calculation manual, the 

inservice testing program, the inservice 

inspection program, or other licenseecontrolled documents. Changes made to 

these documents will be made pursuant 

to 10 CFR 50.59 or other appropriate 

control mechanisms, and may be made 

without prior NRC review and approval. 

In addition, the affected structures, 

systems, components, or variables are 

addressed in existing surveillance 

procedures that are also subject to 10 

CFR 50.59. 

Removed detail changes, are changes 

to the CTS that eliminate detail and 

relocate the detail to a licenseecontrolled document. Typically, this 

involves details of system design and 

function, or procedural detail on 

methods of conducting a surveillance 

requirement (SR). These changes are 

supported, in aggregate, by a single 

generic no significant hazard 

consideration. The generic type of 

removed detail change is identified in 

italics at the beginning of the DOC. 

Less restrictive changes are those 

where CTS requirements are relaxed or 

eliminated, or new plant operational 

flexibility is provided. The more 

significant ‘‘less restrictive’’

requirements are justified on a case-bycase basis. When requirements have 

been shown to provide little or no safety 

benefit, their removal from the TSs may 

be appropriate. In most cases, 

relaxations previously granted to 

individual plants on a plant-specific 

basis were the result of: (a) Generic NRC 

actions; (b) new NRC staff positions that 

have evolved from technological 

advancements and operating 

experience; or (c) resolution of the 

Owners Groups’ comments on the 

Improved STSs. Generic relaxations 

contained in NUREG–1431 were 

reviewed by the NRC staff and found to 

be acceptable because they are 

consistent with current licensing 

practices and NRC regulations. The 

licensee’s design is being reviewed to 

determine if the specific design basis 

and licensing basis are consistent with 

the technical basis for the model 

requirements in NUREG–1431, thus 

providing a basis for the ITS, or if 

relaxation of the requirements in the 

CTS is warranted based on the 

justification provided by the licensee. 

These administrative, relocated, more 

restrictive, and less restrictive changes 

to the requirements of the CTS do not 

result in operations that will alter 

assumptions relative to mitigation of an 

analyzed accident or transient event. 

In addition to the proposed changes 

solely involving the conversion, there 

are also changes proposed that are 

different from the requirements in both 

the CTS and the STS NUREG–1431. The 

BSIs are listed below in which the first 

21 were identified by the licensee and 

addressed in Enclosure 4 to its 

application. In some cases, the BSI is 

addressed as a justification for deviation 

(JFD) from the STS, and identified as 

ITS x.x, JFD x. These BSIs to the 

conversion, listed in the order of the 

applicable ITS specification or section, 

are as follows [note that the words 

below that are capitalized are terms that 

are defined in the ITS]: 

(1) Surveillance Frequencies for 

certain CHANNEL CALIBRATION 

Surveillance Requirements (SRs) are 

being changed from 18 months in the 

CTS to either 31 days or 184 days in the 

ITS. (ITS 3.3.1, DOC M.16; ITS 3.3.2, 

DOC M.10; ITS 3.3.5, DOC M.2) 

(2) Changing certain ALLOWABLE 

VALUES as a result of extending the 

CHANNEL CALIBRATION surveillance 

frequency from 18 months to 24 months. 

(ITS 3.3.1, DOC M.17; ITS 3.3.1, DOC 

L.19; ITS 3.3.2, DOC M.11; ITS 3.3.2, 

DOC L.22 

(3) Certain surveillance frequencies 

are being changed from 7 days, 31 days, 

or 92 days to 184 days. (ITS 3.3.1, DOC 

L.18; ITS 3.3.2, DOC L.19; ITS 3.3.5, 

DOC L.5; ITS 3.3.6, DOC L.9; ITS 3.4.15, 

DOC L.8; ITS 3.6.9, DOC L.3; ITS 3.7.10, 

DOC L.3; ITS 3.7.12, DOC L.3; ITS 

3.7.13, DOC L.5)

(4) Decreases the number of manual 

channels required OPERABLE to one 

per train. (ITS 3.3.2, DOC L.20) 

(5) Decreases the number of manual 

channels required OPERABLE to one 

per train. (ITS 3.3.6, DOC L.10) 

(6) Deletes the once per shift SOURCE 

CHECK requirement on the containment 

radiation instrumentation. (ITS 3.3.6, 

DOC L.11) 

(7) Changes the number coolant loop 

required to be in operation and/or 

OPERABLE, based on the status of the 

rod control system. (ITS 3.4.6, DOC L.1) 

(8) Requirement to specifically state 

the required water level as referenced to 

a specific point inside the steam 

generators instead of using a specific 

indication from one instrument is being 

changed. (ITS 3.4.6, DOC L.5; ITS 3.4.7, 

DOC L.3) 

(9) Changes for Unit 1 only to: (1) 

Decrease the unidentified LEAKAGE 

limit and provide additional REQUIRED 

ACTIONS; and (2) add the requirement 

to analyze grab samples of the 

containment atmosphere every 12 hours 

instead of every 24 hours. (ITS 3.4.13, 

DOC M.1; ITS 3.4.15, DOC M.2) 

(10) Increasing the pressure constant 

value, resulting in a decrease in the 

calculated seal line resistance flow. (ITS 

3.5.5, DOC M.1) 

(11) Require two of the three refueling 

canal drains to be OPERABLE, and, due 

to this change, the word ‘‘required’’ has 

been added to the Actions and the SRs 

since not all installed refueling drains 

are required to be OPERABLE. (ITS 

3.6.14, DOC L.2) 

(12) Increasing the condensate storage 

tank volume requirements. (ITS 3.7.6, 

DOC M.1) 

(13) Delete the 1-hour allowance to 

delay declaring inoperable the opposite 

unit essential service water (ESW) train, 

and adds requirements to address the 

opposite unit ESW train. (ITS 3.7.8, 

DOC M.3) 

(14) Ensure only one control room air 

conditioning (CRAC) train is in 

operation and change the temperature 

limit from 95 °F to 85 °F during the 12-

hour surveillance, and add a specific 

requirement to verify that each CRAC 

train can maintain control room air 

temperature < 85 °F every 31 days, and 

add requirements to verify control room 

air temperature. (ITS 3.7.11, DOC M.2) 

(15) Add the requirement that the 

required fuel handling area exhaust 

ventilation (FHAEV) train must be in 

operation, add an ACTION to take if the 

required FHAEV train is not in 

operation, add a new surveillance 

Federal Register / Vol. 69, No. 188 / Wednesday, September 29, 2004 / Notices 58207

requirement to periodically verify the 

required FHAEV train is in operation, 

and delete a surveillance requirement to 

verify the train automatically directs its 

exhaust flow through the charcoal 

adsorber banks on an actuation signal. 

(ITS 3.7.13, DOC M.1) 

(16) Reduce the steady-state voltage 

range from 4160 ± 420 V to 4160 +240 

V, ¥250 V, and the steady-state 

frequency range from 60 ± 1.2 Hz to 60 

+ 1.2 Hz, ¥0.6 Hz. (ITS 3.8.1, DOC M.5) 

(17) Delete the requirement to perform 

the surveillance requirement in 

accordance with the Diesel Generator 

(DG) Test Schedule Table, and change 

the nominal test frequency to 92 days. 

(ITS 3.8.1, DOC L.19) 

(18) Deletes requirements in CTS SR 

4.8.1.1.2.e.10 on testing the DG. (ITS 

3.8.1, DOC L.20) 

(19) Changes the time to perform 

surveillance requirement checks from 8 

hours or 24 hours, to 12 hours. (ITS 

3.8.1, DOC L.21) 

(20) Certain CTS SRs are not required 

in the ITS. (ITS 3.8.2, DOC L.6) 

(21) Extend the surveillance 

frequency for various surveillance 

requirements to 24 months, consistent 

with the guidelines provided in NRC 

Generic Letter 91–04. (ITS 3.1.4, DOC 

L.9; ITS 3.3.1, DOCs L.1, L.2, L.3 and 

L.11; ITS 3.3.2, DOCs L.1, L.2, L.4 and 

L.13; ITS 3.3.3, DOC L.6; ITS 3.3.4, DOC 

L.1; ITS 3.3.6, DOCs L.5 and L.6; ITS 

3.3.7, DOC L.2; ITS 3.3.8, DOC L.3; ITS 

3.4.1, DOC L.2; ITS 3.4.9, DOC L.1; ITS 

3.4.11, DOC L.3; ITS 3.4.12, DOC L.3; 

ITS 3.4.14, DOC L.4; ITS 3.4.15, DOC 

L.6; ITS 3.5.2, DOC L.3; ITS 3.6.3, DOC 

L.5; ITS 3.6.6, DOC L.1; ITS 3.6.7, DOC 

L.1; ITS 3.6.8, DOC L.3; ITS 3.6.9, DOC 

L.2; ITS 3.6.13, DOC L.1; ITS 3.7.5, DOC 

L.8; ITS 3.7.7, DOC L.2; ITS 3.7.8, DOC 

L.2; ITS 3.7.10, DOC L.2; ITS 3.7.12, L.2; 

ITS 3.7.13, DOC L.4; ITS 3.8.1, DOC L.3; 

ITS 3.8.4, DOC L.2; and ITS 5.5, DOCs 

L.1 and L.3) 

(22) The surveillance frequency is 

changed from prior to reactor startup if 

not performed within the previous 7 

days to 24 months. (ITS 3.3.1, DOC 

L.12) 

(23) CTS Table 4.3–1 requires a 

CHANNEL CALIBRATION of 

Functional Units 7 and 8, the 

Overtemperature delta T and Overpower 

delta T channels, respectfully. The ITS 

specifies the normalization of the delta 

T channels is not required to be 

performed until 72 hours after Thermal 

Power is greater than or equal to 98 

percent rated thermal power. (ITS 3.3.1, 

DOC M.10) 

(24) CTS Table 4.3–1 Functional Units 

18.A and 18.B specify the SRs for the 

Turbine Trip—Low Fluid Oil Pressure 

and Turbine Stop Valve Closure 

Functions, but does not include a 

CHANNEL CALIBRATION requirement. 

ITS SR 3.3.1.13 has been added which 

requires a CHANNEL CALIBRATION of 

these channels every 24 months. (Table 

3.3.1–1 Functions 16.a and 16.b). (ITS 

3.3.1, DOC M.14) 

(25) The CTS is being changed by 

adding the explicit Automatic Actuation 

Logic and Actuation Relays SRs for ITS 

Function 5.a, Turbine Trip and 

Feedwater Isolation. The frequency 

proposed for the slave relay (24 months) 

is consistent with the frequency 

proposed for the simulated actuation 

tests. (ITS 3.3.2, DOC M.2) 

(26) The proposed test frequencies are 

based on consistency with either other 

functions or with simulated actuation 

tests. (ITS 3.3.2, DOC M.3) 

(27) Licensee is applying WCAP–

10271 to the Containment Air 

Recirculation Fan Actuation logic, and 

Containment Pressure—High Functions. 

(ITS 3.3.2, DOC L.5) 

(28) Licensee applying WCAP–10271, 

WCAP–15376 and WCAP–14333 for the 

required actions, completion times, and 

surveillance test intervals for the 

functions listed in DOC L.5 and L.17. 

(ITS 3.3.2, DOC L.5 and L.17) 

(29) Deviation from STS for the P–12 

interlock action to place in ‘‘trip’’

instead of ‘‘place in the required state.’’

(ITS 3.3.2, JFD 23) 

(30) Eliminate requirements for 

residual heat removal trip bypass when 

the refueling water storage tank level 

instrumentation becomes inoperable. 

(ITS 3.3.3, DOC L.4) 

(31) Relax the CTS surveillance 

frequency for the hydrogen analyzer by 

deleting the requirement to test on a 

STAGGERED TEST BASIS. (ITS 3.3.3, 

DOC L.13) 

(32) Adopt the STS repair allowed 

outage time of 6 hours before the 

channel must be placed in trip. (ITS 

3.3.5, DOC L.2) 

(33) Add a setpoint methodology 

citation to the ITS Bases. (ITS 3.3.5, 

Bases Insert 4—Reference 4) 

(34) Revise the wording in Required 

Action A.1 of ITS 3.5.5. (ITS 3.5.5, JFD 

4) 

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. 

Within 60 days after the date of 

publication of this notice, 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 2.309, 

which is available at the Commission’s 

Public Document Room (PDR), located 

at One White Flint North, Public File 

Area 01F21, 11555 Rockville Pike (First 

Floor), Rockville, Maryland. Publicly 

available records will be accessible from 

the Agencywide Documents Access and 

Management System’s (ADAMS) Public 

Electronic Reading Room on the Internet 

at the NRC Web site, [E T=’03’]http://

www.nrc.gov/reading-rm/doccollections/cfr/.[/E] If a request for a 

hearing or petition for leave to intervene 

is filed by the above date, the 

Commission or a presiding officer 

designated by the Commission or by the 

Chief Administrative Judge of the 

Atomic Safety and Licensing Board 

Panel, will rule on the request and/or 

petition; and the Secretary or the Chief 

Administrative Judge of the Atomic 

Safety and Licensing Board will issue a 

notice of a hearing or an appropriate 

order. 

As required by 10 CFR 2.309, a 

petition for leave to intervene shall set 

forth with particularity the interest of 

the petitioner/requestor 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 

general requirements: (1) The name, 

address and telephone number of the 

requestor or petitioner; (2) the nature of 

the requestor’s/petitioner’s right under 

the Act to be made a party to the 

proceeding; (3) the nature and extent of 

the requestor’s/petitioner’s property, 

financial, or other interest in the 

proceeding; and (4) the possible effect of 

any decision or order which may be 

entered in the proceeding on the 

requestor’s/petitioner’s interest. The 

petition must also identify the specific 

contentions which the petitioner/

requestor seeks to have litigated at the 

proceeding. 

Each contention must consist of a 

specific statement of the issue of law or 

fact to be raised or controverted. In 

addition, the petitioner/requestor shall 

provide a brief explanation of the bases 

for 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 

58208 Federal Register / Vol. 69, No. 188 / Wednesday, September 29, 2004 / Notices 

1 15 U.S.C. 78s(b)(1).

2 17 CFR 240.19b–4.

3See letter from Kathleen M. Boege, Vice 

President & Associate General Counsel, CHX, to 

Nancy J. Sanow, Assistant Director, Division of 

Market Regulation (‘‘Division’’), Commission, dated 

March 10, 2004 (‘‘Amendment No. 1’’). Amendment 

No. 1 clarified the purpose and effects of the 

proposal.

4See letter from Kathleen M. Boege, Vice 

President & Associate General Counsel, CHX, to 

Nancy J. Sanow, Assistant Director, Division, 

Commission, dated September 13, 2004 

(‘‘Amendment No. 2’’). Amendment No. 2 replaced 

the original proposal and Amendment No. 1 in their 

entirety.

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. The 

petition must include 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/requestor to relief. 

A petitioner/requestor who fails to 

satisfy 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. 

Nontimely requests and/or petitions 

and contentions will not be entertained 

absent a determination by the 

Commission or the presiding officer of 

the Atomic Safety and Licensing Board 

that the petition, request and/or the 

contentions should be granted based on 

a balancing of the factors specified in 10 

CFR 2.309(a)(1)(i)–(viii).

A request for a hearing or a petition 

for leave to intervene must be filed by: 

(1) First class mail addressed to the 

Office of the Secretary of the 

Commission, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555–

0001, Attention: Rulemaking and 

Adjudications Staff; (2) courier, express 

mail, and expedited delivery services: 

Office of the Secretary, Sixteenth Floor, 

One White Flint North, 11555 Rockville 

Pike, Rockville, Maryland, 20852, 

Attention: Rulemaking and 

Adjudications Staff; (3) e-mail 

addressed to the Office of the Secretary, 

U.S. Nuclear Regulatory Commission, 

HEARINGDOCKET@NRC.GOV; or (4) 

facsimile transmission addressed to the 

Office of the Secretary, U.S. Nuclear 

Regulatory Commission, Washington, 

DC, Attention: Rulemakings and 

Adjudications Staff at (301) 415–1101, 

verification number is (301) 415–1966. 

A copy of the request for hearing and 

petition for leave to intervene should 

also be sent to the Office of the General 

Counsel, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555–

0001, and it is requested that copies be 

transmitted either by means of facsimile 

transmission to (301) 415–3725 or by email to OGCMailCenter@nrc.gov. A copy 

of the request for hearing and petition 

for leave to intervene should also be 

sent David W. Jenkins, Esq., 500 Circle 

Drive, Buchanan, MI 49107, attorney for 

the licensee. 

For further details with respect to this 

action, see the licensee’s application for 

amendment dated April 6, 2004, and the 

Cook ITS Conversion Web page (as 

discussed above). Documents may be 

examined, and/or copied for a fee at the 

Commission’s PDR, located at One 

White Flint North, Public File Area O1 

F21, 11555 Rockville Pike (First Floor), 

Rockville, Maryland. Publicly available 

records will be accessible electronically 

from the Agencywide Documents 

Access and Management System’s 

(ADAMS) Public Electronic Reading 

Room on the Internet at the NRC Web 

site, http://www.nrc.gov/reading-rm/

adams.html. Persons who do not have 

access to ADAMS or who encounter 

problems in accessing the documents 

located in ADAMS, should contact the 

NRC PDR Reference staff by telephone 

at 1–800–397–4209, (301) 415–4737, or 

by e-mail to pdr@nrc.gov.

For the Nuclear Regulatory Commission.

Dated at Rockville, Maryland, this 23rd day 

of September, 2004. 

Jack Donohew, 

Senior Project Manager, Section 2, Project 

Directorate IV, Division of Licensing Project 

Management, Office of Nuclear Reactor 

Regulation.

[FR Doc. 04–21765 Filed 9–28–04; 8:45 am] 

BILLING CODE 7590–01–P

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–50417; File No. SR–CHX–

2003–07] 

Self-Regulatory Organizations; Notice 

of Filing of a Proposed Rule Change 

and Amendments No. 1 and 2 Thereto 

by the Chicago Stock Exchange, 

Incorporated Relating to Out-of-Range 

Execution Rules 

September 21, 2004. 

Pursuant to Section 19(b)(1) of the 

Securities Exchange Act of 1934 

(‘‘Act’’),1 and Rule 19b–4 thereunder,2

notice is hereby given that on March 20, 

2003, the Chicago Stock Exchange, 

Incorporated (‘‘CHX’’ or ‘‘Exchange’’) 

filed with the Securities and Exchange 

Commission (‘‘Commission’’) the 

proposed rule change as described in 

Items I, II, and III below, which Items 

have been prepared by the Exchange. 

On March 10, 2004, the Exchange filed 

Amendment No. 1 to the proposed rule 

change,3 and on September 15, 2004, 

the Exchange filed Amendment No. 2 to 

the proposed rule change.4 The 

Commission is publishing this notice to 

solicit comments on the proposed rule 

change, as amended, from interested 

persons.

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The Exchange proposes to amend 

CHX Article XX, Rule 37, which 

governs, among other things, ‘‘out-ofrange’’ executions. The text of the 

proposed rule change, as amended, 

appears below. Additions appear in 

italics; deletions are in [brackets].

* * * * *

Chicago Stock Exchange Rules 

ARTICLE XX 

Guaranteed Execution System and 

Midwest Automated Execution System 

RULE 37. (a)Guaranteed Executions.

* * * * *

[6. Executions Outside of Range. 

Since executions are guaranteed on the 

basis of the size and price of the best bid 

or offering, the order may be executed 

out of the primary market range for the 

day but in a Dual Trading System issue 

a stop must be granted if requested.] 

[7.]6. No change to text.

* * * * *

(b) Automated Executions.

* * * * *

(9) [All market orders received 

through the MAX System that would 

result in an out of range execution shall 

be deemed to be received with a request 

to STOP. Additionally, specialists may 

stop limit orders that are marketable 

when entered into the MAX System. 

Subject to Interpretations and Policies 

.03 under this Rule 37, a specialist may 

execute a stopped order out of the 

primary market range, at no worse than 

the stopped price, provided the 

specialist receives approval to do so 

from two floor officials.]

* * * * *

(d) SuperMAX 2000. 

SuperMAX 2000 shall be a voluntary 

automatic execution program within the 

MAX System. SuperMAX 2000 shall be 

available for any security trading on the