[Federal Register Volume 62, Number 43 (Wednesday, March 5, 1997)]
[Notices]
[Pages 10088-10089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5390]


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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-237 and 50-249]


Commonwealth Edison Company; Notice of Consideration of Issuance 
of Amendments to Facility Operating Licenses, Proposed No Significant 
Hazards Consideration Determination, and Opportunity for a Hearing

    The U.S. Nuclear Regulatory Commission (the Commission) is 
considering issuance of amendments to Facility Operating License Nos. 
DPR-19 and DPR-25, issued to Commonwealth Edison Company (ComEd, the 
licensee) for operation of the Dresden Nuclear Power Station, Units 2 
and 3, located in Grundy County, Illinois.
    The proposed amendments would change the Technical Specifications 
(TS) by relocating the TS requirements associated with the 24/48 Vdc 
batteries, battery chargers and distribution systems to other licensee 
administratively controlled documents.
    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.
    The Commission has made a proposed determination that the 
amendments requested involve 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) Involve a significant increase in the probability or 
consequences of an accident previously evaluated because of the 
following:
    Removal of the 24/48 Vdc batteries, chargers, and distribution 
panels from the Technical Specification requirements of 3/4.9.C, 3/
4.9.D, 3/4.9.E, and 3/4.9.F and the subsequent relocation of those 
requirements to licensee administrative control is an administrative 
change that will still ensure the availability of the 24/48 Vdc 
system and will not increase the probability of accidents previously 
evaluated. Relocation of the 24/48 Vdc requirements to 
administrative controls will have no effect on the control 
instrumentation and cannot act as an initiator for any of the 
accidents evaluated in the UFSAR [Updated Final Safety Analysis 
Report].
    Similarly, relocation of the 24/48 Vdc system requirements to 
licensee administrative control will have no effect on the 
availability of the loads which are supplied by the 24/48 Vdc 
batteries nor on any of the consequences of accidents previously 
evaluated in the UFSAR. Control of the 24/48 Vdc requirements by 
station administrative controls under 10 CFR 50.59 will not affect 
any of the protection or mitigation functions which may be provided 
by any of the loads supplied by the batteries. Operation under the 
proposed amendment will not significantly increase the probability 
or consequences of any accidents previously evaluated.
    Because of the above evaluation, removal of the 24/48 Vdc system 
from the Technical Specifications will not involve a significant 
increase in the probability or the consequences of an accident 
previously evaluated.
    (2) Create the possibility of a new or different kind of 
accident from any accident previously evaluated because:
    The 24/48 Vdc batteries, chargers, and other components will 
retain the separation, and redundancy under which they are presently 
installed. No new failure modes are introduced by this 
administrative relocation of requirements, for the 24/48 Vdc system, 
from the Technical Specifications to licensee administrative 
control. The possibility of a new or different accident from any 
accident previously evaluated is not increased or created by this 
administrative change.
    (3) Involve a significant reduction in the margin of safety 
because:
    Relocation of the TS requirements for the 24/48 Vdc system does 
not affect the operating points or setpoints of any systems or 
components. Plant operating points or parameters are not changed by 
this proposed relocation of requirements in this amendment request. 
The safety related equipment that is supported by the 24/48 Vdc 
system will continue to be required in the existing modes of 
applicability as determined by the individual equipment Technical 
Specifications. Thus operation under the proposed license amendment 
removes some redundancy and constraints during refueling but does 
not significantly reduce the 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 
amendments requested involve 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 amendments 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 amendments before the expiration 
of the 30-day notice period, provided that its final determination is 
that the amendments involve 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 
Review and Directives Branch, Division of Freedom of Information and 
Publications

[[Page 10089]]

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 April 4, 1997, the licensee may file a request for a hearing 
with respect to issuance of the amendments 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 Morris Area Public Library District, 604 
Liberty Street, Morris, Illinois 60450. 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 amendments requested involve 
no significant hazards consideration, the Commission may issue the 
amendments and make them immediately effective, notwithstanding the 
request for a hearing. Any hearing held would take place after issuance 
of the amendments.
    If the final determination is that the amendments requested involve 
a significant hazards consideration, any hearing held would take place 
before the issuance of any amendments.
    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: Docketing and 
Services Branch, or may be delivered to the Commission's Public 
Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC, 
by the above date. Where petitions are filed during the last 10 days of 
the notice period, it is requested that the petitioner promptly so 
inform the Commission by a toll-free telephone call to Western Union at 
1-(800) 248-5100 (in Missouri 1-(800) 342-6700). The Western Union 
operator should be given Datagram Identification Number N1023 and the 
following message addressed to Robert A. Capra: petitioner's name and 
telephone number, date petition was mailed, plant name, and publication 
date and page number of this Federal Register notice. 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 
Michael I. Miller, Esquire; Sidley and Austin, One First National 
Plaza, Chicago, Illinois 60603, 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 amendments dated February 19, 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 Morris Area Public Library 
District, 604 Liberty Street, Morris, Illinois 60450.

    Dated at Rockville, Maryland, this 26th day of February 1997.

    For the Nuclear Regulatory Commission.
John F. Stang,
Senior Project Manager, Project Directorate III-2, Division of Reactor 
Projects--III/IV, Office of Nuclear Reactor Regulation.
[FR Doc. 97-5390 Filed 3-4-97; 8:45 am]
BILLING CODE 7590-01-P