Federal Register / Vol. 65, No. 128 / Monday, July 3, 2000 / Notices 41103

concerning individuals associated with the

proposals. These matters are exempt under 5

U.S.C. 552b(c), (4) and (6) of the Government

in the Sunshine Act.

Dated: June 28, 2000.

Karen J. York,

Committee Management Officer.

[FR Doc. 00–16784 Filed 6–30–00; 8:45 am]

BILLING CODE 7555–01–M

NUCLEAR REGULATORY

COMMISSION

[Docket No. 50–461]

Amergen Energy Company, LLC;

Notice of Consideration of Issuance of

Amendment 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 No. NPF–

62 issued to AmerGen Energy Company,

LLC (the licensee) for operation of the

Clinton Power Station (CPS) located in

DeWitt County, Illinois.

The proposed amendment would

change the leak rate test frequency for

the primary containment feedwater

penetrations designed to be sealed by

the Feedwater Leakage Control System

from a specific test interval of 18

months to a frequency based on the

performance-based Primary

Containment Leakage Rate Testing

Program. Additionally, an editorial

change was requested to reverse the

order of Technical Specification (TS)

Surveillance Requirements 3.6.1.3.11

and 3.6.1.3.12. This change was

requested because it would group TS

3.6.1.3.12 with other TS having the

same applicability and frequency.

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 licensee has provided its

analysis of the issue of no significant

hazards consideration, which is

presented below:

(1) The proposed change does not involve

a significant increase in the probability or

consequences of any accident previously

evaluated.

The proposed change to Technical

Specification Surveillance Requirement (SR)

3.6.1.3.12 involves a change in frequency of

the combined leakage rate of the primary

containment feedwater penetrations that are

designed to be sealed by the Feedwater

Leakage Control System (FWLCS). Testing

performed pursuant to this Surveillance

Requirement is not an initiator to any

accident previously evaluated. The proposed

change does not affect the design, operational

characteristics, function or reliability of the

FWLCS or the primary containment

feedwater penetrations. Further, the change

has no impact on plant design or operation,

as it is merely a change in the specified

frequency for the affected SR. Therefore, the

proposed change does not affect any

parameters or conditions that may contribute

to the initiation of any accidents previously

evaluated, and as a result, the probability of

initiation of any accident previously

evaluated will not be significantly increased.

The proposed change to the specified

Frequency for SR 3.6.1.3.12 would permit a

longer test interval for this surveillance. An

excessively long test interval could result in

reduced leak tightness of the feedwater

penetrations and, therefore, in reduced

effectiveness of the barrier presented by the

feedwater penetrations and the FWLCS.

However, this potential is precluded by

making the SR 3.6.1.3.12 test interval

performance based. Such an approach is

based on approved industry guidelines

reflected in the Primary Containment

Leakage Rate Testing Program outlined in

Technical Specification 5.5.13. Accordingly,

a longer test interval would only be

permitted if leak test performance supports

the longer interval. It should also be noted

that the acceptance criterion for the watertype leak test imposed by SR 3.6.1.3.12 was

established on the expected capability of the

feedwater penetrations to meet this

acceptance criterion. Thus, the proposed

change to SR 3.6.1.3.12 will not result in

reduced barrier performance of the feedwater

penetrations, nor in reduced effectiveness of

the FWLCS. These barriers for the prevention

or minimization of post-LOCA radioactive

release from the containment will not

therefore be adversely impacted by the

proposed change. The FWLCS and the

feedwater penetrations will still be required

to be Operable per the Technical

Specifications and thus capable of

performing their accident mitigation

functions assumed in the accident analysis.

On this basis, the consequences of any

accident previously evaluated are not

affected by the proposed change.

Based on the above, the proposed change

does not involve a significant increase in the

probability or consequences on any accident

previously evaluated.

(2) The proposed change would not create

the possibility of a new or different kind of

accident from any accident previously

evaluated.

Changing the surveillance Frequency of the

combined leakage rate of the primary

containment feedwater penetrations that are

designed to be sealed by the FWLCS does not

involve a change in the design, configuration,

or method of operation of the plant. The

proposed change does not involve a physical

alteration of the plant (no new or different

type of equipment will be installed) or a

change in the method governing normal plant

operation. No new accident initiators are

introduced as a result of the change in

specified surveillance Frequency. Therefore,

this change does not create the possibility of

a new or different kind of accident from any

accident previously evaluated.

(3) The proposed change will not involve

a significant reduction in the margin of

safety.

The margin of safety related to the

proposed change involves the offsite dose

consequences that result from the release of

radioactive material from the containment

following a design basis accident. This

release is effected by leakage through the

containment, including the feedwater

penetrations sealed by the FWLCS. The

proposed change to the Frequency for the

leakage rate test for these penetrations does

not involve a change to the acceptance

criteria for the leakage rate test, nor in the

effectiveness of the testing since the test

interval for the test will be performance

based. That is, an acceptable level of

reliability (leak tightness) of the feedwater

penetrations will be maintained using the

performance-based Primary Containment

Leakage Rate Testing Program. On this basis,

the proposed change does not involve a

reduction in the margin of safety.

The NRC staff 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

41104 Federal Register / Vol. 65, No. 128 / Monday, July 3, 2000 / Notices

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 August 2, 2000, 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, and accessible

electronically through the ADAMS

Public Electronic Reading Room link at

the NRC Web site (http://www.nrc.gov).

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 20555–0001, 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

Kevin P. Gallen, Morgan, Lewis &

Bockius LLP, 1800 M Street, NW,

Washington, DC 20036–5869, 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 19, 2000 (U–

603378), which is available for public

inspection at the Commission’s Public

Document Room, the Gelman Building,

2120 L Street, NW., Washington, DC,

and accessible electronically through

the ADAMS Public Electronic Reading

Room link at the NRC Web site (http:/

/www.nrc.gov).

Dated at Rockville, Maryland, this 28th day

of June, 2000.

For the Nuclear Regulatory Commission.

Jon B. Hopkins,

Senior Project Manager, Section 2, Project

Directorate III, Division of Licensing Project

Management, Office of Nuclear Reactor

Regulation.

[FR Doc. 00–16727 Filed 6–30–00; 8:45 am]

BILLING CODE 7590–01–U