10088 Federal Register / Vol. 62, No. 43 / Wednesday, March 5, 1997 / Notices

A copy of the submittal may be

viewed free of charge at the NRC Public

Document Room, 2120 L Street, NW.

(Lower Level), Washington, DC.

Members of the public who are in the

Washington, DC, area can access the

submittal via modem on the Public

Document Room Bulletin Board (NRC’s

Advanced Copy Document Library) NRC

subsystem at FedWorld, 703–321–3339.

Members of the public who are located

outside of the Washington, DC, area can

dial FedWorld, 1–800–303–9672, or use

the FedWorld Internet address:

fedworld.gov (Telnet). The document

will be available on the bulletin board

for 30 days after the signature date of

this notice. If assistance is needed in

accessing the document, please contact

the FedWorld help desk at 703–487–

4608. Additional assistance in locating

the document is available from the NRC

Public Document Room, nationally at 1–

800–397–4209, or within the

Washington, DC, area at 202–634–3273.

Comments and questions should be

directed to the OMB reviewer by April

4, 1997: Edward Michlovich, Office of

Information and Regulatory Affairs

(3150–0101) NEOB–10202, Office of

Management and Budget, Washington,

DC 20503. Comments can also be

submitted by telephone at (202) 395–

3084.

The NRC Clearance Officer is Brenda

Jo. Shelton, (301) 415–7233.

Dated at Rockville, Maryland, this 28th day

of February, 1997.

For the Nuclear Regulatory Commission.

Gerald F. Cranford,

Designated Senior Official, Information

Resources Management.

[FR Doc. 97–5506 Filed 3–4–97; 8:45 am]

BILLING CODE 7590–01–P

[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
Federal Register / Vol. 62, No. 43 / Wednesday, March 5, 1997 / Notices 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