Federal Register / Vol. 62, No. 218 / Wednesday, November 12, 1997 / Notices 60735

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

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 R.

Alexander Glenn, General Counsel,

Florida Power Corporation, MAC—A5A,

P. O. Box 14042, St. Petersburg, Florida

33733–4042, 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 October 31, 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 Coastal Region Library, 8619 W.

Crystal Street, Crystal River, Florida.

Dated at Rockville, Maryland, this 5th day

of November 1997.

For the Nuclear Regulatory Commission.

L. Raghavan, Sr.,

Project Manager, Project Directorate II–3,

Division of Reactor Projects—I/II, Office of

Nuclear Reactor Regulation.

[FR Doc. 97–29715 Filed 11–10–97; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

[Docket No. 50–302]

Florida Power Corporation; 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. DPR

72, issued to the Florida Power

Corporation, (FPC or the licensee), for

operation of the Crystal River Nuclear

Generating Unit 3 (CR3) located in

Citrus County, Florida.

The proposed amendment involves a

revision to the CR3 Technical

Specifications (TS) relating to decay

heat removal requirements in Mode 4.

The proposed modification will revise

the TS and associated Bases to require

in Mode 4, one operable emergency

feedwater (EFW) train and associated

equipment, including the EFW tank,

emergency feedwater initiation and

control actuation instrumentation for

EFW, post accident monitoring

instrumentation, and the turbine bypass

valves. Additionally, the TS and

associated Bases would be revised to

require in Mode 4, a low-pressure

injection (LPI) train, dedicated to the

borated water storage tank, and to reflect

that the available loops for decay heat

removal do not include this dedicated

LPI train. Editorial changes would also

be made to clarify the description of

Mode 4 accidents requiring emergency

core cooling system injection, and to

revise the title of TS limiting condition

for operation 3.7.5.

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 ITS [Improved Technical

Specifications] changes and operator actions

involving mitigation of postulated Mode 4

LOCAs [loss-of-coolant-accidents] will not

result in a significant increase in the

probability of an accident previously

evaluated. The initiators of any accident

previously evaluated are not affected by the

proposed ITS changes and operator actions

involving mitigation of Mode 4 LOCAs.

Consequently, there is no significant impact

on any previously evaluated accident

probabilities.

The proposed ITS changes and operator

actions involving mitigation of Mode 4

LOCAs do not result in a significant increase

in the consequences of any accidents

previously evaluated. The proposed ITS

changes, modifications and operator actions

will not adversely affect the integrated ability

of any system to perform its intended safety

functions. Therefore, the combined ability of

these components, systems and actions to

mitigate the consequences of a Mode 4 LOCA

will continue to be maintained. In fact, the

collective impact of these ITS changes and

operator actions improves the capability of

CR–3 to mitigate Mode 4 LOCAs by requiring

additional equipment operable in Mode 4, by

reducing operator burden, and by decreasing

the time to initiate LPI. The proposed ITS

changes are either consistent with or exceed

the original licensing and design basis for

CR–3. In addition, the ITS changes and

operator actions do not affect the onsite or

offsite doses which remain well below 10

CFR Part 100 limits.

2. The proposed ITS changes and operator

actions do not create the possibility of a new

or different kind of accident from any

accident previously evaluated. Since, the ITS

changes and operator actions do not involve

a different initiator for any accident

previously evaluated, they also do not create

any new kind of accident. Mitigation of Mode

4 LOCAs, utilizing manual actions, is already

part of the CR–3 licensing basis. Manual

operator actions necessary for the mitigation
60736 Federal Register / Vol. 62, No. 218 / Wednesday, November 12, 1997 / Notices

of Mode 4 LOCAs are currently addressed or

are being addressed in CR–3 procedures.

3. The proposed ITS changes and operator

actions do not involve a significant reduction

in the margin of safety for mitigation of Mode

4 LOCAs. In fact, the collective impact of the

ITS changes and operator actions represent

a[n] improvement in the overall margin of

safety to a degree that exceeds the original

plant design and licensing bases for

mitigation of Mode 4 LOCAs by requiring

additional equipment operable in Mode 4, by

reducing operator burden, and by decreasing

the time to initiate LPI. The proposed ITS

changes are either consistent with or exceed

the original licensing and design basis for

CR–3.

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. 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 Review 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 December 12, 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 Coastal

Region Library, 8619 W. Crystal Street,

Crystal River, Florida.

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 a 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:
Federal Register / Vol. 62, No. 218 / Wednesday, November 12, 1997 / Notices 60737

Rulemakings and Adjudications Staff

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 R.

Alexander Glenn, General Counsel,

Florida Power Corporation, MAC—A5A,

P. O. Box 14042, St. Petersburg, Florida

33733–4042, 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 October 31, 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 Coastal Region Library, 8619 W.

Crystal Street, Crystal River, Florida.

Dated at Rockville, Maryland, this 5th day

of November 1997.

For the Nuclear Regulatory Commission.

L. Raghavan, Sr.,

Project Manager, Project Directorate II–3,

Division of Reactor Projects—I/II, Office of

Nuclear Reactor Regulation.

[FR Doc. 97–29716 Filed 11–10–97; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

Sunshine Act Meetings

AGENCY HOLDING THE MEETING: Nuclear

Regulatory Commission.

DATES: Weeks of November 10, 17, 24,

and December 1, 1997.

PLACE: Commissioners’ Conference

Room, 11555 Rockville Pike, Rockville,

Maryland.

STATUS: Public and Closed.

MATTERS TO BE CONSIDERED:

Week of November 10

There are no meetings the week of

November 10.

Week of November 17—Tentative

Friday, November 21

11:30 a.m.—Affirmation Session (public

meeting) (if needed)

Week of November 24—Tentative

There are no meetings the week of

November 24.

Week of December 1—Tentative

There are no meetings the week of

December 1.

*The schedule for Commission

meetings is subject to change on short

notice. To verify the status of meetings

call (recording)—(301) 415–1292.

Contact person for more information:

Bill Hill (301) 415–1661.

The NRC Commission Meeting

Schedule can be found on the Internet

at:

http:/www.nrc.gov/SECY/smj/

schedule.htm

This notice is distributed by mail to

several hundred subscribers: if you no

longer wish to receive it, or would like

to be added to it, please contact the

Office of the Secretary, Attn: Operations

Branch, Washington, D.C. 20555 (301–

415–1661).

In addition, distribution of this

meeting notice over the Internet system

is available. If you are interested in

receiving this Commission meeting

schedule electronically, please send an

electronic message to wmh@nrc.gov or

dkw@nrc.gov.

Dated: November 6, 1997.

William M. Hill, Jr.,

Secy Tracking Officer, Office of the Secretary.

[FR Doc. 97–29885 Filed 11–17–97; 2:27 pm]

BILLING CODE 7590–01–M

SECURITIES AND EXCHANGE

COMMISSION

Issuer Delisting: Notice of Application

To Withdraw From Listing and

Registration: (Brandywine Realty

Trust, Common Shares of Beneficial

Interest Par Value $.01) File No. 1–9106

November 5, 1997.

Brandwyine Realty Trust

(‘‘Company’’) has filed an application

with the Securities and Exchange

Commission (‘‘Commission’’), pursuant

to Section 12(d) of the Securities

Exchange Act of 1934 (‘‘Act’’) and Rule

12d2–2(d) promulgated thereunder, to

withdraw the above specified security

(‘‘Security’’) from listing and

registration on the American Stock

Exchange, Inc. (‘‘Amex’’ or

‘‘Exchange’’).

The reasons cited in the application

for withdrawing the Security from

listing and registration include the

following:

The Company has complied with Rule

18 of the Amex by filing with such

Exchange a certified copy of preambles

and resolutions adopted by the

Company’s Board of Trustees

authorizing the withdrawal of its

Security from listing on the Amex and

by setting forth in detail to such

Exchange the reasons for such proposed

withdrawal, and the facts in support

thereof.

In making the decision to withdraw

its Security from listing on the Amex,

the Company considered the direct and

indirect costs and expenses attendant on

maintaining the dual listing of its

Security on the New York Stock

Exchange (‘‘NYSE’’) and the Amex. The

Company does not see any particular

advantage in the dual trading of its

security and believes that dual listing

would fragment the market for its

security.

By letter dated October 8, 1997, the

Exchange has informed the Company

that its has no objection to the

withdrawal of the Company’s Security

from listing on the Amex. Trading in the

Security on the NYSE commenced on

October 21, 1997 and concurrently

therewith the Security were suspended

from trading on the Amex.

Any interested person may, on or

before November 28, 1997, submit by

letter to the Secretary of the Securities

and Exchange Commission, 450 Fifth

Street, N.W., Washington, D.C. 20549,

facts bearing upon whether the

application has been made in

accordance with the rules of the

exchange and what terms, if any, should

be imposed by the Commission for the

protection of investors. The

Commission, based on the information

submitted to it, will issue an order

granting the application after the date

mentioned above, unless the

Commission determines to order a

hearing on the matter.

For the Commission, by the Division of

Market Regulation, pursuant to delegated

authority.

Jonathan G. Katz,

Secretary.

[FR Doc. 97–29701 Filed 11–10–97; 8:45 am]

BILLING CODE 8010–01–M