17220 Federal Register / Vol. 62, No. 68 / Wednesday, April 9, 1997 / Notices

For the Nuclear Regulatory Commission.

Ramin R. Assa,

Project Manager, Project Directorate III–2,

Division of Reactor Projects—III/IV, Office of

Nuclear Reactor Regulation.

[FR Doc. 97–9061 Filed 4–8–97; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

Commonwealth Edison Company;

Notice of Partial Denial of

Amendments to Facility Operating

Licenses and Opportunity for Hearing

[Docket Nos. STN 50–454, STN 50–455, STN

50–456 AND STN 50–457]

The U.S. Nuclear Regulatory

Commission (the Commission) has

partially denied a request by

Commonwealth Edison Company

(ComEd, the licensee) for amendments

to Facility Operating License Nos. NPF–

37, NPF–66, NPF–72 and NPF–77,

issued to the licensee for operation of

the Byron Station, Unit Nos. 1 and 2,

located in Ogle County, Illinois and

Braidwood Station, Unit Nos. 1 and 2,

located in Will County, Illinois. Notice

of Consideration of Issuance of the

amendments was published in the

Federal Register on February 10, 1997

(62 FR 6016).

The purpose of the licensee’s

amendment request was to revise the

Technical Specifications (TS) to allow

the licensee to take credit, on a

temporary basis, for soluble boron in the

spent fuel storage pool water in

maintaining an acceptable margin of

subcriticality. However, reference to the

Westinghouse document CAC–96–248,

‘‘Byron and Braidwood Spent Fuel Rack

Criticality Analysis with Credit for

Soluble Boron’’ was included in the

request. This document is not based on

the NRC-approved Westinghouse

methodology for soluble boron credit, as

given in WCAP–14416–NP–A dated

November 1996. The proposal to

reference the use of an unapproved

methodology is not acceptable and is,

therefore, denied.

The NRC staff has concluded that part

of the licensee’s request can not be

granted. The licensee was notified of the

Commission’s partial denial of the

proposed change by a letter dated April

2, 1997.

By May 9, 1997 the licensee may

demand a hearing with respect to the

partial denial described above. Any

person whose interest may be affected

by this proceeding may file a written

petition for leave to intervene. A request

for hearing or petition for leave to

intervene must be filed with the

Secretary of the Commission, U.S.

Nuclear Regulatory Commission,

Washington, DC 20555, 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.

A copy of any petition should also be

sent to the Office of the General

Counsel, U.S. Nuclear Regulatory

Commission, Washington, DC 20555,

and to Michael I. Miller, Esquire; Sidley

and Austin, One First National Plaza,

Chicago, Illinois 60603, attorney for the

licensee.

For further details with respect to this

action, see (1) the application for

amendment dated November 5, 1996, as

supplemented February 27 and March

30, 1997, and (2) the Commission’s

letter to the licensee dated April 2,

1997.

These documents are 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: For Byron,

the Byron Public Library District, 109 N.

Franklin, P.O. Box 434, Byron, Illinois

61010; for Braidwood, the Wilmington

Public Library, 201 S. Kankakee Street,

Wilmington, Illinois 60481.

Dated at Rockville, Maryland, this 2nd day

of April 1997.

For the Nuclear Regulatory Commission.

Ramin R. Assa,

Project Manager, Project Directorate III–2,

Division of Reactor Projects—III/IV, Office of

Nuclear Reactor Regulation.

[FR Doc. 97–9062 Filed 4–8–97; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

[Docket No. 50–461]

Illinois Power Co.; Notice of

Consideration of Issuance of

Amendment to Facility Operating

License and Opportunity for a Hearing

The U.S. Nuclear Regulatory

Commission (the Commission) is

considering issuance of an amendment

to Facility Operating License No. NPF–

62, issued to Illinois Power Company

(the licensee), for operation of the

Clinton Power Station, Unit 1 (CPS),

located in DeWitt County, Illinois.

As described in CPS Licensee Event

Report 94–005, the degraded voltage

relays at CPS and their setpoints are not

sufficient to ensure proper operation of

all Class 1E equipment, contrary to the

current licensing basis for CPS. As

interim corrective action, the licensee

installed an undervoltage alarm for the

Division 1, 2, and 3, 4.16-kV buses and

established contingent operator actions

in order to minimize the potential that

the Class 1E loads would receive

inadequate voltage for proper operation.

Subsequent licensee review of these

interim administrative controls has

concluded that, although the use of

compensatory administrative controls

reduces the risk associated with a

degraded voltage condition, reliance on

the interim administrative controls can

potentially result in a malfunction of

equipment important to safety of a

different type than previously evaluated

in the CPS Updated Safety Analysis

Report and therefore, constitutes an

unreviewed safety question. In addition,

the licensee has concluded that the

interim administrative controls can

result in a small reduction in the margin

of safety as defined in the CPS technical

specifications.

The proposed amendment, requested

by the licensee in their letter dated

April 1, 1997, would modify Technical

Specification Table 3.3.8.1–1, ‘‘Loss of

Power Instrumentation.’’ The proposed

change requires the interim

administrative controls to be maintained

to minimize the potential that the Class

1E loads would receive inadequate

voltage in the event of a degraded

voltage condition. These controls are to

be maintained until the licensee

completes planned modifications for

upgrading the degraded voltage

protection instrumentation and

distribution system for all three

divisions of safety-related AC power.

The new interim administrative controls

primarily consist of system planning

controls on the voltage of the 345-kV

offsite grid, notification of plant

operators under offsite grid conditions

that may result in a degraded voltage

condition if CPS tripped off-line, and

utilizing an installed degraded voltage

alarm that will prompt operators to take

action to transfer the 4.16-kV buses to

their associated diesel generators in the

event voltage is not adequate to ensure

proper operation of the Class 1E loads.

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.

By May 9, 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
Federal Register / Vol. 62, No. 68 / Wednesday, April 9, 1997 / Notices 17221

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 Vespasian

Warner Public Library, 120 West

Johnson Street, Clinton, Illinois 61727.

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.

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 Gail

Marcus, Director, Project Directorate III–

3: 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 Leah Manning Stetzner,

Vice President, General Counsel, and

Corporate Secretary, 500 South 27th

Street, Decatur, Illinois 62525, 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

amendment 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

amendment dated April 1, 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

Vespasian Warner Public Library, 120

West Johnson Street, Clinton, Illinois

61727.

Dated at Rockville, MD, this 3rd day of

April 1997.

For the Nuclear Regulatory Commission.

Cynthia A. Carpenter,

Acting Director, Project Directorate III–3,

Division of Reactor Projects—III/IV, Office of

Nuclear Reactor Regulation.

[FR Doc. 97–9060 Filed 4–8–97; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

[Docket Nos. 50–269, 50–270, 50–287, 50–

369, 50–370, 50–413 and 50–414]

Environmental Assessment and

Finding of no Significant Impact;

Oconee Nuclear Station, Units 1, 2, and

3; Catawba Nuclear Station, Units 1

and 2; McGuire Nuclear Station, Units

1 and 2

The U.S. Nuclear Regulatory

Commission (the Commission) is

considering issuance of an exemption

from certain requirements of its

regulations in Facility Operating

Licenses issued to Duke Power

Company, et al. (the licensee). License

Nos. DPR–38, DPR–47, and DPR–55 are

for operation of the Oconee Nuclear

Station, Units 1, 2, and 3, located in

Oconee County, South Carolina. License

Nos. NPF–35 and NPF–52 are for

operation of the Catawba Nuclear

Station located in York County, South

Carolina. License Nos. NPF–9 and NPF–

17 are for operation of the McGuire

Nuclear Station located in Mecklenburg

County, North Carolina.