Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices 48679

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

Christopher J. Warner, Esq., Pacific Gas

and Electric Company, P.O. Box 7442,

San Francisco, California 94210,

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 August 26, 1997,

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 California Polytechnic State

University, Robert E. Kennedy Library,

Government Documents and Maps

Department, San Luis Obispo, California

93407.

Dated at Rockville, Maryland, this 9th day

of September 1997.

For the Nuclear Regulatory Commission.

William H. Bateman,

Director, Project Directorate IV–2, Division

of Reactor Projects III/IV, Office of Nuclear

Reactor Regulation.

[FR Doc. 97–24570 Filed 9–15–97; 8:45 am]

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COMMISSION

[Docket No. 50–395]

In the Matter of South Carolina Electric

and Gas Company); (Virgil C. Summer

Nuclear Station; Exemption

I

The South Carolina Gas and Electric

Company (SCE&G or the licensee) is the

holder of Facility Operating License No.

NPF–12, which authorizes operation of

the Virgil C. Summer Nuclear Station.

The license provides, among other

things, that the licensee is subject to all

rules, regulations, and orders of the

Commission now or hereafter in effect.

The facility consists of a pressurizedwater reactor at the licensee’s site

located in Fairfield County, South

Carolina.

II

Section 70.24 of Title 10 of the Code

of Federal Regulations, ‘‘Criticality

Accident Requirements,’’ requires that

each licensee authorized to possess

special nuclear material (SNM) shall

maintain a criticality accident

monitoring system in each area where

such material is handled, used, or

stored. Subsections (a)(1) and (a)(2) of

10 CFR 70.24 specify detection and

sensitivity requirements that these

monitors must meet. Subsection (a)(1)

also specifies that all areas subject to

criticality accident monitoring must be

covered by two detectors. Subsection

(a)(3) of 10 CFR 70.24 requires licensees

to maintain emergency procedures for

each area in which this licensed SNM

is handled, used, or stored and provides

that (1) The procedures ensure that all

personnel withdraw to an area of safety

upon the sounding of a criticality

accident monitor alarm, (2) the

procedures must include drills to

familiarize personnel with the

evacuation plan, and (3) the procedures

designate responsible individuals for

determining the cause of the alarm and

placement of radiation survey

instruments in accessible locations for

use in such an emergency. Subsection

(b)(1) of 10 CFR 70.24 requires licensees

to have a means to identify quickly

personnel who have received a dose of

10 rads or more. Subsection (b)(2) of 10

CFR 70.24 requires licensees to

maintain personnel decontamination

facilities, to maintain arrangements for a

physician and other medical personnel

qualified to handle radiation

emergencies, and to maintain

arrangements for the transportation of

contaminated individuals to treatment

facilities outside the site boundary.
48680 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices

Paragraph (c) of 10 CFR 70.24 exempts

Part 50 licensees from the requirements

of paragraph (b) of 10 CFR 70.24 for

SNM used or to be used in the reactor.

Paragraph (d) of 10 CFR 70.24 states that

any licensee who believes that there is

good cause why he should be granted an

exemption from all or part of 10 CFR

70.24 may apply to the Commission for

such an exemption and shall specify the

reasons for the relief requested.

III

The SNM that could be assembled

into a critical mass at Virgil C. Summer

Nuclear Station is in the form of nuclear

fuel; the quantity of SNM other than

fuel that is stored on site in any given

location is small enough to preclude

achieving a critical mass. The

Commission’s technical staff has

evaluated the possibility of an

inadvertent criticality of the nuclear fuel

at Virgil C. Summer Nuclear Station,

and has determined that it is extremely

unlikely that such an accident could

occur if the licensee meets the following

seven criteria:

1. Only one fuel assembly is allowed out

of a shipping cask or storage rack at one time.

2. The k-effective does not exceed 0.95, at

a 95% probability, 95% confidence level in

the event that the fresh fuel storage racks are

filled with fuel of the maximum permissible

U–235 enrichment and flooded with pure

water.

3. If optimum moderation occurs at low

moderator density, then the k-effective does

not exceed 0.98, at a 95% probability, 95%

confidence level in the event that the fresh

fuel storage racks are filled with fuel of the

maximum permissible U–235 enrichment

and flooded with a moderator at the density

corresponding to optimum moderation.

4. The k-effective does not exceed 0.95, at

a 95% probability, 95% confidence level in

the event that the spent fuel storage racks are

filled with fuel of the maximum permissible

U–235 enrichment and flooded with pure

water.

5. The quantity of forms of special nuclear

material, other than nuclear fuel, that are

stored on site in any given area is less than

the quantity necessary for a critical mass.

6. Radiation monitors, as required by

General Design Criterion 63, are provided in

fuel storage and handling areas to detect

excessive radiation levels and to initiate

appropriate safety actions.

7. The maximum nominal U–235

enrichment is limited to 5.0 weight percent.

By letter dated July 17, 1997, as

supplemented August 6, 1997, the

licensee requested an exemption from

10 CFR 70.24. In this request, the

licensee addressed the seven criteria

given above. The Commission’s

technical staff has reviewed the

licensee’s submittals and has

determined that Virgil C. Summer

Nuclear Station meets the criteria for

prevention of inadvertent criticality;

therefore, the staff has determined that

it is extremely unlikely for an

inadvertent criticality to occur in SNM

handling or storage areas at Virgil C.

Summer Nuclear Station.

The purpose of the criticality

monitors required by 10 CFR 70.24(a) is

to ensure that if a criticality were to

occur during the handling of SNM,

personnel would be alerted to that fact

and would take appropriate action. The

staff has determined that it is extremely

unlikely that such an accident could

occur; furthermore, the licensee has

radiation monitors, as required by

General Design Criterion 63, in fuel

storage and handling areas. These

monitors will alert personnel to

excessive radiation levels and allow

them to initiate appropriate safety

actions. The low probability of an

inadvertent criticality, together with the

licensee’s adherence to General Design

Criterion 63, constitutes good cause for

granting an exemption from the

requirements of 10 CFR 70.24.

IV

The Commission has determined that,

pursuant to 10 CFR 70.14, this

exemption is authorized by law, will not

endanger life or property or the common

defense and security, and is otherwise

in the public interest.

Therefore, the Commission hereby

grants the South Carolina Electric and

Gas Company an exemption from the

requirements of 10 CFR 70.24.

Pursuant to 10 CFR 51.32, the

Commission has determined that the

granting of this exemption will have no

significant impact on the environment

(62 FR 47521).

This exemption is effective upon

issuance.

Dated at Rockville, Maryland, this 9th day

of September 1997.

For the Nuclear Regulatory Commission.

Samuel J. Collins,

Director, Office of Nuclear Reactor

Regulation.

[FR Doc. 97–24559 Filed 9–15–97; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

Advisory Committee on Reactor

Safeguards Subcommittee Meeting on

Planning and Procedures

The ACRS Subcommittee on Planning

and Procedures will hold a meeting on

October 1, 1997, Room T–2B1, 11545

Rockville Pike, Rockville, Maryland.

The entire meeting will be open to

public attendance, with the exception of

a portion that may be closed pursuant

to 5 U.S.C. 552b(c) (2) and (6) to discuss

organizational and personnel matters

that relate solely to internal personnel

rules and practices of ACRS, and

information the release of which would

constitute a clearly unwarranted

invasion of personal privacy.

The agenda for the subject meeting

shall be as follows:

Wednesday, October 1, 1997–10:30 a.m.

Until 12:00 Noon

The Subcommittee will discuss

proposed ACRS activities and related

matters. It may also discuss the

qualifications of candidates for

appointment to the ACRS. The purpose

of this meeting is to gather information,

analyze relevant issues and facts, and to

formulate proposed positions and

actions, as appropriate, for deliberation

by the full Committee.

Oral statements may be presented by

members of the public with the

concurrence of the Subcommittee

Chairman; written statements will be

accepted and made available to the

Committee. Electronic recordings will

be permitted only during those portions

of the meeting that are open to the

public, and questions may be asked only

by members of the Subcommittee, its

consultants, and staff. Persons desiring

to make oral statements should notify

the cognizant ACRS staff person named

below five days prior to the meeting, if

possible, so that appropriate

arrangements can be made.

Further information regarding topics

to be discussed, the scheduling of

sessions open to the public, whether the

meeting has been cancelled or

rescheduled, the Chairman’s ruling on

requests for the opportunity to present

oral statements, and the time allotted

therefor can be obtained by contacting

the cognizant ACRS staff person, Dr.

John T. Larkins (telephone: 301/415–

7360) between 7:30 a.m. and 4:15 p.m.

(EDT). Persons planning to attend this

meeting are urged to contact the above

named individual one or two working

days prior to the meeting to be advised

of any changes in schedule, etc., that

may have occurred.

Dated: September 10, 1997.

Sam Duraiswamy,

Chief, Nuclear Reactors Branch.

[FR Doc. 97–24556 Filed 9–15–97; 8:45 am]

BILLING CODE 7590–01–P