9816 Federal Register / Vol. 62, No. 42 / Tuesday, March 4, 1997 / Notices

of 30 CFR 75.400’s prohibition against

accumulations of combustible materials

was significant and substantial is legally

correct and supported by substantial

evidence and whether the judge’s

conclusion that the violation was due to

the operator’s unwarrantable failure is

supported by substantial evidence).

TIME AND DATE: 11:15 a.m., Thursday,

March 20, 1997.

PLACE: Room 6005, 6th Floor, 1730 K

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

STATUS: Closed [Pursuant to 5 U.S.C.

§ 552b(c)(10)].

MATTERS TO BE CONSIDERED: It was

determined by a unanimous vote of the

Commissioners that the commission

consider and act upon the following in

closed session:

1. Secretary of Labor versus Amax

Coal Co., Docket No. LAKE 94–74 (See

oral argument listing, supra, for issues).

TIME AND DATE: 2:00 p.m., Thursday,

March 20, 1997.

PLACE: Room 6005, 6th Floor, 1730 K

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

STATUS: Open.

MATTERS TO BE CONSIDERED: The

Commission will hear oral argument on

the following:

1. Secretary of Labor versus Amax

Coal Co., Docket No. LAKE 95–267

(Issues include whether the judge was

correct in determining that the

operator’s failure to extend a line

curtain within 40 feet of a working face,

as required by its ventilation plan, was

the result of the operator’s

unwarrantable failure).

TIME AND DATE: 3:15 p.m., Thursday,

March 20, 1997.

PLACE: Room 6005, 6th Floor, 1730 K

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

STATUS: Closed [Pursuant to 5 U.S.C.

§ 552b(c)(10)].

MATTERS TO BE CONSIDERED: It was

determined by a unanimous vote of the

Commissioners that the Commission

consider and act upon the following in

closed session:

1. Secretary of Labor versus Amax

Coal Co., Docket No. LAKE 95–267 (See

oral argument listing, supra, for issues).

Any person attending oral argument

or an open meeting who required

special accessibility features and/or

auxiliary aids, such as sign language

interpreters, must inform the

Commission in advance of those needs.

Subject to 29 CFR § 2706.150(a)(3) and

§ 2706.160(d).

CONTACT PERSON FOR MORE INFO: Jean

Ellen, (202) 653–5629 / (202) 708–9300

for TDD Relay / 1–800–877–8339 for

toll free.

Jean H. Ellen,

Chief Docket Clerk.

[FR Doc. 97–5340 Filed 2–27–97; 5:04 pm]

BILLING CODE 6735–01–M

NATIONAL SCIENCE FOUNDATION

Special Emphasis Panel in Physics;

Notice of Meeting

In accordance with the Federal

Advisory Committee Act (Pub. L. 92–

463, as amended), the National Science

Foundation announces the following

meeting.

Name: Special Emphasis Panel in Physics

(1208).

Date and Time: March 21, 1997 from

8:00AM to 9:00PM.

Place: Room 1020, NSF 4201 Wilson Blvd.,

Arlington, VA 22230.

Type of Meeting: Closed.

Contact Person: Dr. David Berley, Program

Manager for LIGO, Room 1015, National

Science Foundation, 4201 Wilson Blvd.,

Arlington, VA 22230. Telephone: (703) 306–

1892.

Purpose of Meeting: To provide advice and

recommendations concerning proposals

submitted to NSF for financial support.

Agenda: To review and evaluate

Gravitational Physics proposals regarding

LIGO as part of the selection progress for

awards.

Reason for Closing: The project plans being

reviewed include information of a

proprietary or confidential nature, including

technical information; information on

personnel and proprietary data for present

and future subcontracts. These matters are

exempt under 5 U.S.C. 552b(c), (4) and (6) of

the Government in the Sunshine Act.

Dated: February 27, 1997.

Linda Allen-Benton,

Deputy Director, Division of Human

Resources Management, Acting Committee

Management Officer.

[FR Doc. 97–5288 Filed 3–3–97; 8:45 am]

BILLING CODE 7555–01–M

NUCLEAR REGULATORY

COMMISSION

[Docket No. 247]

Consolidated Edison Company of New

York; Notice of Consideration of

Issuane 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–

26 issued to Consolidated Edison

Company of New York, Inc. (Con Edison

or the licensee) for operation of the

Indian Point Nuclear Generating Station

Unit 2 (IP2) located in Westchester

County, New York.

The proposed amendment would

permit a one-time only extension of the

current steam generator tube inservice

inspection cycle. Technical

Specification 4.13A.2.a requires steam

generator tube examinations to be

conducted at not less than 12 months

and no later than 24 calendar months

after the previous examination. Based

upon the last examination during the

1995 refueling outage being completed

on April 14, 1995, operation of the unit

after April 14, 1997, would not be

permitted. Con Edison proposes a onetime extension of the examination

requirements, scheduled to be

conducted during the 1997 refueling

outage, to commence no later than May

2, 1997. 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:

The proposed changes do not involve

a significant hazards consideration

since:

1. The proposed change does not involve

a significant increase in the probability or

consequences of an accident previously

evaluated.

The proposed change does not involve any

physical modifications to the plant or

modification in the methods of plant

operation which could increase the

probability or consequences of previously

evaluated accidents. The proposed change

permits a one-time only extension of the

current steam generator tube inservice

inspection cycle. This extension would allow

the steam generator tube examinations to be

conducted during the 1997 refueling outage

which will commence no later than May 2,

1997. The basis for acceptance of this

increase in the technical specification limit is
Federal Register / Vol. 62, No. 42 / Tuesday, March 4, 1997 / Notices 9817

the ‘non-operating’ steam generator time

between the last examination and the

upcoming examination. No appreciable

steam generator tube wear or degradation is

expected as a result of this extension. This

change will not affect the scope,

methodology, acceptance limits and

corrective measures of the existing steam

generator tube examination program. The

probability and consequences of failure of the

steam generators due to leaking or degraded

tubes is not increased by the proposed

change. Therefore, the probability and the

consequence of a design basis accident are

not being increased by the proposed change.

2. The proposed change does not create the

possibility of a new or different kind of

accident from any accident previously

evaluated.

Plant systems and components will not be

operated in a different manner as a result of

the proposed Technical Specification change.

The proposed change permits the upcoming

steam generator tube examination to be

conducted during the 1997 refueling outage

that will commence no later than May 2,

1997. There are no plant modifications or

changes in methods of operation. Since this

extension is based upon the ‘non-operating’

steam generator time between the last

examination and the upcoming examination,

it will not increase the probability of

occurrence of a tube rupture, increase the

probability or consequences of an accident,

or create any new accident precursor.

Therefore, the possibility for an accident of

a different type than was previously

evaluated in the safety analysis report is not

created by the proposed change to the

Technical Specification.

3. The proposed change does not involve

a significant reduction in a margin of safety.

The proposed change to Technical

Specification section 4.13A.2.a will not

reduce the margin of safety. This amendment

involves a one-time only extension of the

current steam generator tube inservice

inspection cycle. The basis for acceptance of

this increase in the technical specification

limit is the ‘non-operating’ steam generator

time between the last examination and the

upcoming examination. No appreciable

steam generator tube wear or degradation is

expected as a result of this extension.

Therefore, the accident analysis assumptions

for design basis accidents are unaffected and

the margin of safety is not decreased by the

proposed Technical Specification change.

Based on the preceding analysis, it is

concluded that operation of Indian Point

Unit No. 2 in accordance with the proposed

amendment does not increase the probability

of an accident previously evaluated, does not

create the possibility of a new or different

kind of accident from any accident

previously evaluated, nor reduce any margin

of plant safety. Therefore, the license

amendment does not involve a Significant

Hazards Consideration as defined in 10 CFR

50.92.

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 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 April 3, 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 White

Plains Public Library, 100 Martine

Avenue, White Plains, New York 10610.

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
9818 Federal Register / Vol. 62, No. 42 / Tuesday, March 4, 1997 / Notices

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:

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 S. Singh

Bajwa: 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 Brent L. Brandenburg, Esq.,

4 Irving Place, New York, New York

10003, 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 February 14, 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 White Plains Public Library, 100

Martine Avenue, White Plains, New

York 10610.

Dated at Rockville, Maryland, this 26th day

of February 1997.

For the Nuclear Regulatory Commission.

Jefferey F. Harold,

Project Manager, Project Directorate 1–1,

Division of Reactor Projects—I/II, Office of

Nuclear Reactor Regulation.

[FR Doc. 97–5251 Filed 3–3–97; 8:45 am]

BILLING CODE 7590–01–P

Sunshine Act Meeting

AGENCY HOLDING THE MEETING: Nuclear

Regulatory Commission.

DATE: Weeks of March 3, 10, 17, and 24,

1997.

PLACE: Commissioners’ Conference

Room, 11555 Rockville Pike, Rockville,

Maryland.

STATUS: Public and Closed.

MATTERS TO BE CONSIDERED:

Week of March 3

There are no meetings scheduled for

the Week of March 3.

Week of March 10—Tentative

Monday, March 10

10:30 a.m. Briefing on 10 CFR 50.59

Regulatory Process Improvements

(PUBLIC MEETING) (Contact:

Eileen McKenna, 301–415–2189)

2:30 p.m. Briefing on Implementation

of Maintenance Rule, Revised

Regulatory Guide, and

Consequences (PUBLIC MEETING)

(Contact: Suzanne Black, 301–415–

1017)

Thursday, March 13

11:30 a.m. Affirmation Session

(PUBLIC MEETING) (if needed)

Week of March 17—Tentative

There are no meetings scheduled for

the Week of March 17.

Week of March 24—Tentative

Tuesday, March 25

10:00 a.m. Briefing on High-Burnup

Fuel Issues (PUBLIC MEETING)

(Contact: Ralph O. Meyer, 301–415–

6789)

11:30 a.m. Affirmation Session

(PUBLIC MEETING) (if needed)

Note: The schedule for Commission

meetings is subject to change on short notice.

To verify the status of meetings call

(recording)—(301) 451–1292.

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: February 28, 1997.

William M. Hill, Jr.,

SECY Tracking Officer, Office of the

Secretary.

[FR Doc. 97–5441 Filed 2–28–97; 2:43 pm]

BILLING CODE 7590–01–M

DEPARTMENT OF STATE

[Public Notice No. 2513]

United States International

Telecommunications Advisory

Committee (ITAC) Study Groups B and

D; Meeting Notice

The Department of State announces

that the United States International

Telecommunications Advisory

Committee (ITAC), Study Group B will

meet on Friday, March 14, 1997 at the

Regal Harvest House, 1345 28th Street,

Boulder, Colorado from 10:00 a.m. to

4:00 p.m. Study Group D will meet on

Tuesday, April 1, 1997, Room 1207 at

the U.S. Department of State, 2201 ‘‘C’’

Street, NW., Washington, DC 20520

from 9:00 a.m. to 3:00 p.m.

The agenda for the Study Group B

meeting of March 14, will review results

of the January meeting of Study Group