[Federal Register Volume 62, Number 21 (Friday, January 31, 1997)]
[Notices]
[Pages 4816-4818]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2380]


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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-317 and 50-318]


Baltimore Gas and Electric Company; Notice of Consideration of 
Issuance of Amendments to Facility Operating Licenses 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-53 and DPR-69 issued to the Baltimore Gas and Electric Company (BGE 
or the licensee) for operation of the Calvert Cliffs Nuclear Power 
Plant, Unit Nos. 1 and 2, located in Calvert County, Maryland.
    The proposed amendments, requested by the licensee in a letter 
dated December 4, 1996, would represent a full conversion from the 
current Technical Specifications (TSs) to a set of TS based on NUREG-
1432, Revision 1, ``Standard Technical Specifications, Combustion 
Engineering Plants'' dated April 1995. NUREG-1432 has been developed 
through working groups composed of both NRC staff members and industry 
representative and has been endorsed by the staff as part of an 
industry-wide initiative to standardize and improve TS. 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 current Calvert Cliffs TSs, and, using NUREG-1432 as a basis, 
developed a proposed set of improved TSs for Calvert Cliffs. The 
criteria in the final policy statement were subsequently added to 10 
CFR 50.36, ``Technical Specifications,'' in a rule change which was 
published in the Federal Register on July 19, 1995 (60 FR 36953) and 
became effective on August 18, 1995.
    The licensee has categorized the proposed changes to the existing 
TSs into five general groupings. These groupings are characterized as 
administrative changes, relocated changes, more restrictive changes, 
less restrictive changes, and removed detail.
    Administrative changes are those that involve restructuring, 
renumbering,

[[Page 4817]]

rewording, interpretation and complex rearranging of requirements and 
other changes not affecting technical content or substantially revising 
an operational requirement. The reformatting, renumbering and rewording 
process reflects the attributes of NUREG-1432 and do not involve 
technical changes to the existing TSs. The proposed changes include: 
(a) Providing the appropriate numbers, etc., for NUREG-1432 bracketed 
information (information which 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-
1432 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.
    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 the TSs. Relocated changes 
are those current TS requirements which do not satisfy or fall within 
any of the four criteria specified in the Commission's policy statement 
and may be relocated to appropriate licensee-controlled documents.
    The licensee's application of the screening criteria is described 
in Attachment (4) of their December 4, 1996, application titled 
``Application of the Technical Specification Selection Criteria (Split 
Report)'' in Volume 1 of the submittal. 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 
TS to administratively controlled documents such as the Final Safety 
Analysis Report (FSAR), the BASES, the Technical Requirements Manual 
(TRM) or plant procedures. Changes made to these documents will be made 
pursuant to 10 CFR 50.59 or other appropriate control mechanisms. In 
addition, the affected structures, systems, components or variables are 
addressed in existing surveillance procedures which are also subject to 
10 CFR 50.59. These proposed changes will not impose or eliminate any 
requirements.
    More restrictive changes are those involving more stringent 
requirements for operation of the facility or eliminate existing 
flexibility. These more stringent requirements do not result in 
operation that will alter assumptions relative to 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 current Calvert Cliffs TSs that is more restrictive than the 
corresponding requirement in NUREG-1432 which the licensee proposes to 
retain in the improved Technical Specifications (ITSs), they have 
provided an explanation of why they have concluded that retaining the 
more restrictive requirement is desirable to ensure safe operation of 
the facilities because of specific design features of the plant.
    Less restrictive changes are those where current requirements are 
relaxed or eliminated, or new flexibility is provided. The more 
significant ``less restrictive'' requirements are justified on a case-
by-case 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 ITSs. Generic relaxations contained in NUREG-
1432 were reviewed by the staff and found to be acceptable because they 
are consistent with current licensing practices and NRC regulations. 
The licensee's design will be reviewed to determine if the specific 
design basis and licensing basis are consistent with the technical 
basis for the model requirements in NUREG-1432 and thus provides a 
basis for these revised TSs or if relaxation of the requirements in the 
current TSs is warranted based on the justification provided by the 
licensee.
    Removed detail changes move details from the current TS to a 
licensee-controlled document. The details being removed from the 
current TS are not assumed to be an initiator of any analyzed event and 
are not assumed to mitigate accidents or transients. Therefore, the 
relocation do not involve a significant increase in the probability or 
consequences of an accident previously evaluated. Moving some details 
to a licensee-controlled document will not involve a significant change 
in design or operation of the plant and no hardware is being added to 
the plant as part of the proposed changes to the current TS. The 
changes will not alter assumptions made in the safety analysis and 
licensing basis. Therefore, the changes will not create the possibility 
of a new or different kind of accident from any accident previously 
evaluated. The changes do not reduce the margin of safety since they 
have no impact on any safety analysis assumptions. In addition, the 
details to be moved from the current TS to a licensee-controlled 
document are the same as the existing TSs.
    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.
    By March 3, 1997, 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 at the local public 
document room located at the Calvert County Library, Prince Frederick, 
Maryland 20678. 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

[[Page 4818]]

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.
    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: Docketing and 
Services Branch, or may be delivered to the Commission's Public 
Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC, 
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 S. Singh Bajwa, Acting Director, Project 
Directorate I-1: 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 the General Counsel, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, and to Jay Silberg, Shaw, Pittman, Potts and 
Trowbridge, 2300 N Street NW., Washington, DC 20037, 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).
    If a request for a hearing is received, the Commission's staff may 
issue the amendment after it completes its technical review and prior 
to the completion of any required hearing if it publishes a further 
notice for public comment of its proposed finding of no significant 
hazards consideration in accordance with 10 CFR 50.91 and 50.92.
    For further details with respect to this action, see the 
application for amendments dated December 4, 1996, which is 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 Calvert County Library, Prince 
Frederick, Maryland 20678.

    Dated at Rockville, Maryland, this 27th day of January 1997.
    For the Nuclear Regulatory Commission.
John A. Zwolinski,
Deputy Director, Division of Reactor Projects--I/II, Office of Nuclear 
Reactor Regulation.
[FR Doc. 97-2380 Filed 1-30-97; 8:45 am]
BILLING CODE 7590-01-P