[Federal Register Volume 62, Number 234 (Friday, December 5, 1997)]
[Notices]
[Pages 64405-64406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31873]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-269, 50-270, and 50-287]


Duke Energy Corporation; 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 amendments to Facility Operating License Nos. 
DPR-38, DPR-47, and DPR-55, issued to Duke Energy Corporation (the 
licensee), for operation of the Oconee Nuclear Station, Units 1, 2, and 
3, located in Seneca, South Carolina.
    The proposed amendments would replace the current Technical 
Specifications (TS) with a set of TS based on NUREG-1430, ``Standard 
Technical Specifications--Babcock and Wilcox Plants,'' Revision 1, 
dated April 1995. The adoption of NUREG-1430 is part of an initiative 
to standardize and improve the TS for Babcock and Wilcox nuclear power 
plants.
    The changes in the current TS can be grouped into five categories: 
administrative changes, more restrictive technical changes, less 
restrictive technical changes, relocation of details to other licensee 
controlled documents, and relocation of specifications to other 
licensee controlled documents. Administrative changes to the current TS 
are changes that result in no increase or decrease in restrictions or 
flexibility. These changes are intended to make the TS easier to use. 
More restrictive technical changes are either more conservative than 
the corresponding requirements in the current TS, or are additional 
restrictions that are not contained in the current TS. Less restrictive 
technical changes reduce either the scope or magnitude of requirements 
or add flexibility and are usually made as a result of operating 
experience. In most cases, these relaxations to the TS have been 
previously granted by the NRC to other plants. Relocation of details 
involves removal from the current TS and relocation to other licensee 
controlled documents. Typically, these details are of system design or 
function, or procedural details on surveillances. And finally, 
relocation of specifications involves requirements that are in the 
current TS but do not meet the criteria set forth in the Commission's 
Policy Statement on Technical Specification Improvement. Once these 
items have been relocated, the licensee generally would be able to 
revise them under the provisions of 10 CFR 50.59 without a license 
amendment.
    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 January 5, 1998, the licensee may file a request for a hearing 
with respect to issuance of the amendments to the subject facility 
operating licenses 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 Oconee County Library, 501 West South 
Broad Street, Walhalla, South Carolina. 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

[[Page 64406]]

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: 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 J. Michael McGarry, III, Winston and 
Strawn, 1200 17th Street, NW., Washington, DC, 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 amendments 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 October 28, 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 Oconee County Library, 501 West 
South Broad Street, Walhalla, South Carolina.

    Dated at Rockville, Maryland, this 1st day of December 1997.

    For the Nuclear Regulatory Commission.
Herbert Berkow,
Director, Project Directorate II-2, Division of Reactor Projects--I/II, 
Office of Nuclear Reactor Regulation.
[FR Doc. 97-31873 Filed 12-4-97; 8:45 am]
BILLING CODE 7590-01-P