64982 Federal Register / Vol. 69, No. 216 / Tuesday, November 9, 2004 / Notices 

recommendation on applications for 

financial assistance under the National 

Foundation on the Arts and the 

Humanities Act of 1965, as amended, 

including information given in 

confidence to the agency by grant 

applicants. In accordance with the 

determination of the Chairman of April 

14, 2004, these sessions will be closed 

to the public pursuant to subsection 

(c)(6) of 5 U.S.C. 552b. 

Any person may observe meetings, or 

portions thereof, of advisory panels that 

are open to the public, and if time 

allows, may be permitted to participate 

in the panel’s discussions at the 

discretion of the panel chairman. 

If you need special accommodations 

due to a disability, please contact the 

Office of AccessAbility, National 

Endowment for the Arts, 1100 

Pennsylvania Avenue, NW., 

Washington, DC 20506, 202/682–5532, 

TDY–TDD 202/682–5496, at least seven 

(7) days prior to the meeting. 

Further information with reference to 

these meetings can be obtained from Ms. 

Kathy Plowitz-Worden, Office of 

Guidelines & Panel Operations, National 

Endowment for the Arts, Washington, 

DC 20506, or call 202/682–5691.

Dated: November 3, 2004. 

Kathy Plowitz-Worden, 

Panel Coordinator, Panel Operations, 

National Endowment for the Arts.

[FR Doc. 04–24908 Filed 11–8–04; 8:45 am] 

BILLING CODE 7537–01–P

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–219] 

AmerGen Energy Company, LLC; 

Oyster Creek Nuclear Generating 

Station; Exemption 

1.0 Background 

AmerGen Energy Company, LLC (the 

licensee), is the holder of Facility 

Operating License No. DPR–16, which 

authorizes operation of the Oyster Creek 

Nuclear Generating Station (OCNGS). 

The facility consists of a boiling-water 

reactor (BWR), located in Ocean County, 

New Jersey. The license provides, 

among other things, that the facility is 

subject to all rules, regulations, and 

orders of the Nuclear Regulatory 

Commission (NRC, the Commission) 

now or hereafter in effect. 

2.0 Request/Action 

Title 10 of the Code of Federal 

Regulations (10 CFR) part 50, Appendix 

J, Option B, Section III.B., ‘‘Type B and 

C Tests,’’ states, in part, that 

containment leakage tests must 

demonstrate that the sum of the leakage 

rates at accident pressure of Type B 

tests, and pathway leakage rates from 

Type C tests, is less than the 

performance criterion (La) with margin 

as specified in the Technical 

Specifications (TSs). In this context, 

‘‘accident pressure,’’ Pa, was previously 

analyzed to be 35 psig at OCNGS. 

Accordingly, for main steam isolation 

valves (MSIVs), leakage rate testing is to 

be done at this peak containment 

calculated pressure, i.e., 35 psig. 

By letter dated December 23, 2003, 

the licensee requested a permanent 

exemption from the requirements of the 

subject provision of Appendix J, such 

that the MSIVs may be tested at lower 

pressures but not lower than 20 psig. By 

separate application also dated 

December 23, 2003, the licensee 

proposed to revise the OCNGS TSs, 

Section 4.5.D, to specify the lower test 

pressure and leakage rate; the NRC staff 

will communicate the results of its 

review of this proposed license 

amendment by separate 

correspondence. 

In summary, in order for the NRC staff 

to approve the lower leakage rate test 

pressure for the TSs, the licensee first 

needs an exemption from the subject 

regulation. 

3.0 Discussion 

Pursuant to 10 CFR 50.12, the 

Commission may, upon application by 

any interested person or upon its own 

initiative, grant exemptions from the 

requirements of 10 CFR part 50 when (1) 

the exemptions are authorized by law, 

will not present an undue risk to public 

health or safety, and are consistent with 

the common defense and security; and 

(2) when special circumstances are 

present. These circumstances include 

situations where the regulation would 

not serve the underlying purpose of the 

rule. 

OCNGS has two main steam lines, 

each having two MSIVs. The MSIVs are 

24-inch angled globe valves of ‘‘Y’’

configuration. The cup-shaped poppet 

moves on a centerline that is 45 degrees 

upward from the horizontal centerline 

of the piping run. Each MSIV is oriented 

to provide effective sealing in the 

direction of post-accident containment 

atmosphere leakage, i.e., the forward 

direction, as compared to the betweenthe-valve Type C test which tends to 

unseat the inboard valve. The design of 

the steam lines is such that the preferred 

method of Type C testing is through the 

use of a between-the-valves test tap. 

Periodic Type C testing verifies that the 

leakage assumed in the radiological 

analysis is not exceeded. The licensee is 

requesting this exemption and 

associated amendment to the TSs in 

order to reduce the probability of lifting 

the inboard MSIVs during testing. 

Testing of the two MSIVs 

simultaneously at Pa, by pressurizing 

between the valves tends to lift the disc 

of the inboard valve. This results in test 

results which may not accurately reflect 

the isolation capabilities of the MSIVs. 

Therefore, testing the two MSIVs 

simultaneously at Pa does not serve the 

underlying purpose of the rule. 

In conjunction with the proposed 

exemption, the licensee proposed an 

amendment to the TSs, specifying 

testing at a minimum of 20 psig between 

the 2 MSIVs, and an acceptance 

pathway leakage rate of 11.9 standard 

cubic feet per hour. The proposed 20 

psig pressure is greater than one-half of 

Pa, and the licensee stated that it would 

avoid lifting the disc of the inboard 

valve. As shown in the OCNGS Updated 

Final Safety Analysis Report, Figure 

6.2–3, the primary containment pressure 

following a design-basis loss-of-coolant 

accident reaches its peak within 2 to 3 

seconds, and rapidly drops below 20 

psig. The NRC staff has previously 

approved testing of MSIVs at reduced 

pressure at many other BWR plants. 

Industry experience in testing these 

valves at a pressure in the range of 20 

psig and with an acceptance criterion of 

approximately 11.9 standard cubic feet 

per hour has been shown to be effective 

in determining the condition of these 

valves. 

The underlying purpose of the 

requirements of 10 CFR part 50, 

Appendix J, Option B, Section III.B is to 

demonstrate by periodic testing that the 

primary reactor containment will be 

able to perform its function of providing 

a leak-tight barrier against uncontrolled 

release of radioactivity to the 

environment. As stated above, the NRC 

staff examined the licensee’s rationale to 

support the exemption and concluded 

that MSIV leakage testing at accident 

pressure does not serve the underlying 

purpose of the rule, and fulfillment of 

the proposed alternative testing criteria 

would demonstrate leak-tightness of the 

MSIVs. Thus, the underlying purpose of 

the subject regulation is achieved and 

served by the licensee’s proposed 

criteria. 

Based upon a consideration of the 

information submitted by the licensee, 

the NRC staff concludes that the 

licensee’s proposed reduced test 

pressure for Type C testing of MSIVs is 

justified. 

Therefore, the NRC staff concludes 

that pursuant to 10 CFR 50.12(a)(2), 

special circumstances are present in that 

application of the Appendix J 

Federal Register / Vol. 69, No. 216 / Tuesday, November 9, 2004 / Notices 64983

requirements does not serve the 

underlying purpose of the rule. 

4.0 Conclusion 

Accordingly, the Commission has 

determined that, pursuant to 10 CFR 

50.12(a), the exemption is authorized by 

law, will not present an undue risk to 

the public health and safety, and is 

consistent with the common defense 

and security. Also, special 

circumstances are present. Therefore, 

the Commission hereby grants the 

licensee an exemption from the 

requirements of 10 CFR part 50, 

Appendix J, Option B, Section III.B for 

OCNGS. Specifically, this permanent 

exemption permits the licensee to 

perform leakage testing of the MSIVs at 

reduced pressure, but not lower than 20 

psig. 

Pursuant to 10 CFR 51.32, the 

Commission has determined that the 

granting of this exemption will not have 

a significant effect on the quality of the 

human environment (69 FR 63562). 

This exemption is effective upon 

issuance.

Dated at Rockville, Maryland, this 2nd day 

of November, 2004.

For the Nuclear Regulatory Commission. 

Ledyard B. Marsh, 

Director, Division of Licensing Project 

Management, Office of Nuclear Reactor 

Regulation.

[FR Doc. 04–24888 Filed 11–8–04; 8:45 am] 

BILLING CODE 7590–01–P

NUCLEAR REGULATORY 

COMMISSION 

Extension of Public Comment Period: 

Louisiana Energy Services National 

Enrichment Facility

AGENCY: United States Nuclear 

Regulatory Commission (NRC).

ACTION: Extension of public comment 

period. 

SUMMARY: The NRC is extending the 

public comment period for the Draft 

Environmental Impact Statement (DEIS) 

for the Proposed National Enrichment 

Facility in Lea County, New Mexico 

(NUREG–1790) that was to end on 

November 6, 2004. The original notice 

of availability of the DEIS appeared in 

the Federal Register on September 17, 

2004 (69 FR 56104). 

On October 25, 2004, the NRC 

initiated an additional security review 

of publicly available documents to 

ensure that potentially sensitive 

information is removed from the 

ADAMS database accessible through the 

NRC’s Web site. Interested members of 

the public should check the NRC’s Web 

pages for updates on the availability of 

documents through the ADAMS system. 

This extension of the public comment 

period is appropriate to allow members 

of the public adequate opportunity to 

obtain access to relevant documents in 

ADAMS in order to comment on the 

DEIS. Therefore, the public comment 

period is being extended until December 

18, 2004. 

Members of the public are invited and 

encouraged to submit comments to the 

Chief, Rules Review and Directives 

Branch, Mail Stop T6–D59, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001. Please note Docket No. 

70–3103 when submitting comments. 

Written comments submitted by mail 

should be postmarked by December 18, 

2004, to ensure consideration. 

Comments mailed after that date will be 

considered to the extent practical. 

Comments will also be accepted by email to nrcrep@nrc.gov, or by facsimile 

to 301–415–5397, Attention: Anna 

Bradford.

FOR FURTHER INFORMATION CONTACT: For 

general or technical information 

associated with the license review of the 

National Enrichment Facility, please 

contact Timothy Johnson at (301) 415–

7299. For general information on the 

NRC environmental review process, 

please contact Anna Bradford at (301) 

415–5228.

Signed in Rockville, MD, this 2nd day of 

November, 2004.

For the Nuclear Regulatory Commission. 

B. Jennifer Davis, 

Chief, Environmental and Low-Level Waste 

Section, Division of Waste Management and 

Environmental Protection, Office of Nuclear 

Material Safety and Safeguards.

[FR Doc. 04–24889 Filed 11–8–04; 8:45 am] 

BILLING CODE 7590–01–P

NUCLEAR REGULATORY 

COMMISSION 

Sunshine Act Meeting

AGENCY HOLDING THE MEETING: Nuclear 

Regulatory Commission.

DATE: Weeks of November 8, 15, 22, 29, 

December 6, 13, 2004.

PLACE: Commissioner’s Conference 

Room, 11555 Rockville Pike, Rockville, 

Maryland.

STATUS: Public and closed.

MATTERS TO BE CONSIDERED: 

Week of November 8, 2004

Monday, November 8, 2004

9 a.m. Briefing on Plant Aging and 

Material Degradation Issues—Part 

One (Public Meeting) (Contact: 

Steve Koenick, 301–415–1239). 

1:30 p.m. Briefing on Plant Aging and 

Material Degradation Issues—Part 

Two (Public Meeting) (Contact: 

Steve Koenick, 301–415–1239). 

This meeting (both parts) will be 

webcast live at the Web address—http:/

/www.nrc.gov.

Wednesday, November 10, 2004

2:30 p.m. Affirmation Session (Public 

Meeting). 

a. U.S. Department of Energy (High 

Level Waste Repository: PreApplication Matters); DOE’s appeal 

of LBP–04–20. 

b. Exelon Generation Company, LLC 

(Clinton ESP Site), LBP–04–17 

(August 6, 2004). 

Week of November 15, 2004—Tentative 

Tuesday, November 16, 2004

1:30 p.m. Briefing on Threat 

Environment Assessment (Closed—

Ex. 1). 

Thursday, November 18, 2004

1:30 p.m. Discussion of Security 

Issues (Closed—Ex. 1). 

Week of November 22, 2004—Tentative 

There are no meetings scheduled for 

the week of November 22, 2004. 

Week of November 29, 2004—Tentative 

There are no meetings scheduled for 

the week of November 29, 2004. 

Week of December 6, 2004—Tentative 

Tuesday, December 7, 2004

9:30 a.m. Briefing on Equal 

Employment Opportunity (EEO) 

Program (Public Meeting) (Contact: 

Corenthis Kelley, 301–415–7380). 

This meeting will be webcast live at 

the Web address—http://www.nrc.gov.

Wednesday, December 8, 2004

1 p.m. Briefing on Status of Davis 

Besse Lessons Learned Task Force 

Recommendations (Public Meeting) 

(Contact: John Jolicoeur, (301) 415–

1725). 

This meeting will be webcast live at 

the Web address—http://www.nrc.gov.

Thursday, December 9, 2004

2 p.m. Briefing on Reactor Safety and 

Licensing Activities (Public 

Meeting) (Contact: Steve Koenick, 

301–415–1239). 

This meeting will be webcast live at 

the Web address—http://www.nrc.gov.

Week of December 13, 2004—Tentative 

Tuesday, December 14, 2004

1 p.m. Briefing on Emergency 

Preparedness Program Initiatives 

(Public Meeting) (Contact: Nader 

Mamish, 301–415–1086).