[Federal Register Volume 62, Number 206 (Friday, October 24, 1997)]
[Notices]
[Pages 55432-55433]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28264]



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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-458]


Entergy Gulf States and Cajun Electric Power Cooperative; Notice 
of Consideration of Approval of Transfer of License and Issuance of 
Conforming License 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 order approving, under 10 CFR 50.80, the 
transfer of Facility Operating License No. NPF-47 to the extent now 
held by Cajun Electric Power Cooperative, Inc. (Cajun) to Entergy Gulf 
States, Inc. (EGSI, the licensee) with respect to River Bend Station, 
Unit 1 (RBS), located in West Feliciana Parish, Louisiana, and issuance 
of conforming amendments under 10 CFR 50.90.
    RBS presently is jointly owned by EGSI (70%) and Cajun (30%) with 
EGSI authorized to act as agent for Cajun. Entergy Operations, Inc. 
(EOI), a non-owner of the facility, is licensed to have exclusive 
responsibility and control over the operation and maintenance of the 
facility. Cajun is proposing to transfer its 30% minority ownership 
interest to EGSI, resulting in EGSI becoming the sole owner of RBS. The 
license would be amended to reflect the transfer of ownership.
    Pursuant to 10 CFR 50.80, the Commission may approve the transfer 
of a license, or any right thereunder, after notice to interested 
persons. Such approval is contingent upon the Commission's 
determination that the proposed transferee is qualified to hold the 
license and that the transfer is otherwise consistent with applicable 
provisions of law, regulations, and orders of the Commission. If the 
Commission determines that approval should be given, it will issue an 
order setting forth its consent to the transfer.
    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), Cajun, with the consent and endorsement of 
EGSI, has provided their analysis of the issue of no significant 
hazards consideration, which is presented below:

    Applying the three standards set forth in 10 CFR [Section] 
50.92, the proposed change to the Operating License involves no 
significant hazards consideration:
    1. The proposed change will not involve an increase in the 
probability or consequences of any accident previously evaluated. As 
a result of the proposed license amendment, there will be no 
physical change to the River Bend facility, and all Limiting 
Conditions for Operation, Limiting Safety System Settings and Safety 
Limits specified in the Technical Specifications will remain 
unchanged. Also, the River Bend Quality Assurance Program, Emergency 
Plan, Security Plan, and Operator Training and Requalification 
Program will be unaffected. The employees of EOI presently engaged 
in operation of River Bend and organization structure of EOI and 
EGSI will be unaffected by the proposed amendment. Therefore, 
personnel qualifications will remain unchanged.
    2. The proposed amendment will not create the possibility of a 
new or different kind of accident from any accident previously 
evaluated. The proposed amendment will have no effect on the 
physical configuration of River Bend or the manner in which it will 
operate. The plant design and design basis will remain the same. The 
current plant safety analyses will therefore remain complete and 
accurate in addressing the design basis events and in analyzing 
plant response and consequences.
    The Limiting Conditions for Operations, Limiting Safety System 
Settings and Safety Limits specified in the Technical Specifications 
for River Bend are not affected by the proposed license amendment. 
As such, the plant conditions for which the design basis accident 
analyses have been performed will remain valid. Therefore, the 
proposed license amendment cannot create the possibility of a new or 
different kind of accident from any accident previously evaluated.
    3. The proposed amendment will not involve a significant 
reduction in a margin of safety. Plant safety margins are 
established through Limiting Conditions for Operation, Limiting 
Safety System Settings and Safety Limits specified in the Technical 
Specifications. Since there will be no change to the physical design 
or operation of the plant, there will be no change to any of these 
margins. Thus, the proposed license amendment will not involve a 
significant reduction in any margin of safety.

    The NRC staff has reviewed the foregoing 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 24, 1997, Cajun may file a request for a hearing with 
respect to issuance of an order regarding the proposed transfer of the 
license to the extent now held by Cajun to EGSI and issuance of the 
conforming 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

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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 Government Documents 
Department, Louisiana State University, Baton Rouge, LA 70803. 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 Mary A. Murphy, LeBoeuf, Lamb, Green, 
& MacRae, L.L.P., 1875 Connecticut Avenue, N.W., Suite 1200, 
Washington, D.C. 20009, attorney for Cajun.
    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 October 15, 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 Government Documents Department, 
Louisiana State University, Baton Rouge, LA 70803.

    Dated at Rockville, Maryland, this 21st, day of October 1997.

    For the Nuclear Regulatory Commission.
David L. Wigginton,
Senior Project Manager, Project Directorate IV-1, Division of Reactor 
Projects III/IV, Office of Nuclear Reactor Regulation.
[FR Doc. 97-28264 Filed 10-23-97; 8:45 am]
BILLING CODE 7590-01-P