52162 Federal Register / Vol. 62, No. 193 / Monday, October 6, 1997 / Notices

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

Jeffrie J. Keenan, Esquire, Nuclear

Business Unit—N21, P.O. Box 236,

Hancocks Bridge, NJ 08038, 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 September 29, 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 Pennsville Public Library, 190 S.

Broadway, Pennsville, New Jersey

08070.

Dated at Rockville, Maryland, this 30th day

of September 1997.

For the Nuclear Regulatory Commission.

David H. Jaffe,

Senior Project Manager, Project Directorate

I–2 Division of Reactor Projects—I/II Office

of Nuclear Reactor Regulation

[FR Doc. 97–26402 Filed 10–3–97; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

[Docket No. 50–354]

Public Service Electric & Gas

Company (Atlantic City Electric

Company, Hope Creek Generating

Station); 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–

57 issued to Public Service Electric &

Gas Company for operation of the Hope

Creek Generating Station located at the

licensee’s site in Salem County, New

Jersey.

This proposed amendment would add

a surveillance requirement in Section 3/

4.5.1 to perform a monthly valve

position verification for each of the four

residual heat removal (RHR) cross-tie

valves.

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 changes do not involve a

significant increase in the probability or

consequences of an accident previously

evaluated.

The proposed surveillance requirement to

perform a monthly valve position verification
Federal Register / Vol. 62, No. 193 / Monday, October 6, 1997 / Notices 52163

for each of the four cross-tie valves is an

additional requirement that provides an

added barrier for ensuring that proper crosstie valve positions are maintained. The

change therefore makes the Technical

Specifications more restrictive. The proposed

change does not affect the performance of the

RHR system, the performance of any other

system required to mitigate the consequences

of an accident, or any accident initiating

mechanisms.

The proposed Technical Specification

change therefore does not significantly

increase the probability or consequences of

an accident previously evaluated.

2. The proposed change does not create the

possibility of a new or different kind of

accident from any accident previously

evaluated.

The proposed surveillance requirement to

perform a monthly valve position verification

for each of the four cross-tie valves is an

additional requirement that provides an

added barrier for ensuring that proper crosstie valve positions are maintained. The

change therefore makes the Technical

Specifications more restrictive. The proposed

change does not affect the RHR design

function, does not prevent the RHR system

from providing adequate cooling, and does

not adversely affect the design basis function

or operation of any other plant system. In

addition, the change does not result in any

event previously deemed incredible being

made credible.

The proposed Technical Specification

change therefore does not create the

possibility of a new or different accident.

3. The proposed change does not involve

a significant reduction in a margin of safety.

The proposed surveillance requirement to

perform a monthly valve position verification

for each of the four cross-tie valves is an

additional requirement that provides an

added barrier for ensuring that proper crosstie valve positions are maintained. The

change therefore makes the Technical

Specifications more restrictive. The

acceptance criteria for postulated design

basis accidents affected by the RHR System

define the acceptable margin of safety. This

proposal does not result in exceeding the

design limits of the RHR System or

components affected by the RHR System.

The proposed Technical Specification

change therefore does not result in a

significant reduction in a 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

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 Freedom

of Information and Publications

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 6D22, 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 November 5, 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

Pennsville Public Library, 190 S.

Broadway, Pennsville, New Jersey

08070. 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
52164 Federal Register / Vol. 62, No. 193 / Monday, October 6, 1997 / Notices

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

Jeffrie J. Keenan, Esquire, Nuclear

Business Unit—N21, P.O. Box 236,

Hancocks Bridge, NJ 08038, 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 September 24, 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 Pennsville Public Library, 190 S.

Broadway, Pennsville, New Jersey

08070.

Dated at Rockville, Maryland, this 30th day

of September 1997.

For the Nuclear Regulatory Commission

original signed by

Leonard N. Olshan,

Acting Director, Project Directorate I–2,

Division of Reactor Projects—I/II, Office of

Nuclear Reactor Regulation.

[FR Doc. 97–26403 Filed 10–3–97; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

[Docket No. 50–390]

Tennessee Valley Authority, Watts Bar

Nuclear Plant; Exemption

I

On February 7, 1996, the Nuclear

Regulatory Commission issued Facility

Operating License No. NPF–90 to

Tennessee Valley Authority (TVA or the

Licensee) for the Watts Bar Nuclear

Plant. The license stipulated, among

other things, that the facility is subject

to all rules, regulations, and orders of

the Commission.

II

In its letter dated June 20, 1997, the

licensee requested an exemption from

the Commission’s regulations. Section

50.60 of Title 10 of the Code of Federal

Regulations, ‘‘Acceptance Criteria for

Fracture Prevention Measures for

Lightwater Nuclear Power Reactors for

Normal Operation,’’ states that all

lightwater nuclear power reactors must

meet the fracture toughness and

material surveillance program

requirements for the reactor coolant

pressure boundary as set forth in

Appendices G and H to 10 CFR Part 50.

Appendix G to 10 CFR Part 50 defines

pressure/temperature (P/T) limits

during any condition of normal

operation, including anticipated

operational occurrences and system

hydrostatic tests to which the pressure

boundary may be subjected over its

service lifetime. It also states that the

American Society of Mechanical

Engineers Boiler and Pressure Code

(ASME Code) edition and addenda

specified in 10 CFR 50.55a are

applicable. It is specified in 10 CFR

50.60(b) that alternatives to the

described requirements in Appendices

G and H to 10 CFR Part 50 may be used

when an exemption is granted by the

Commission under 10 CFR 50.12.

To prevent low-temperature

overpressure transients that would

produce pressure excursions exceeding

the 10 CFR Part 50, Appendix G, P/T

limits while the reactor is operating at

low temperatures, the licensee installed

a low-temperature overpressure

protection (LTOP) system. The system

includes pressure-relieving devices

called power-operated relief valves

(PORVs). The PORVs are set at a

pressure low enough so that if an LTOP

transient occurred, the mitigation

system would prevent the pressure in

the reactor vessel from exceeding the 10

CFR Part 50, Appendix G, P/T limits. To

prevent the PORVs from lifting as a

result of normal operating pressure

surges (e.g., reactor coolant pump

starting, and shifting operating charging

pumps) with the reactor coolant system

in a solid water condition, the operating

pressure must be maintained below the

PORV setpoint. Applying the LTOP

instrument uncertainties required by the

staff’s approved methodology results in

an LTOP setpoint that establishes an

operating window that is too narrow to

permit reasonable system makeup and

pressure control.

To prevent these difficulties, the

licensee has requested to use the ASME

Code Case N–514, ‘‘Low Temperature

Overpressure Protection,’’ which

designates the allowable pressure as 110

percent of that specified by 10 CFR Part

50, Appendix G. This would provide an

increased band to permit system

makeup and pressure control. ASME

Code Case N–514 is consistent with

guidelines developed by the ASME

Working Group on Operating Plant

Criteria to define pressure limits during

LTOP events that avoid certain

unnecessary operational restrictions,

provide adequate margins against failure

of the reactor pressure vessel, and

reduce the potential for unnecessary

activation of pressure-relieving devices

used for LTOP. The content of this

ASME Code Case has been incorporated

into Appendix G of Section XI of the

ASME Code and published in the 1993

Addenda to Section XI and has been

incorporated into the latest draft of

Regulatory Guide 1.147 (Draft

Regulatory Guide DG–1050, Revision 12

of Regulatory Guide 1.147, Inservice

Inspection Code Case Applicability

ASME Section XI, dated May 1997).

However, 10 CFR 50.55a, ‘‘Codes and

Standards,’’ only authorizes addenda

through the 1988 Addenda.

III

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