Federal Register / Vol. 63, No. 84 / Friday, May 1, 1998 / Notices 24195

(GPO) document entitled ‘‘General Wage

Determinations Issued Under the DavisBacon and Related Acts.’’ This

publication is available at each of the 50

Regional Government Depository

Libraries and many of the 1,400

Government Depository Libraries across

the country.

The general wage determinations

issued under the Davis-Bacon and

related Acts are available electronically

be subscription to the FedWorld

Bulletin Board System of the National

Technical Information Service (NTIS) of

the U.S. Department of Commerce at

(703) 487–4630.

Hard-copy subscriptions may be

purchased from: Superintendent of

Documents, U.S. Government Printing

Office, Washington, D.C. 20402, (202)

512–1800.

When ordering hard-copy

subscription(s), be sure to specify the

State(s) of interest, since subscriptions

may be ordered for any or all of the

seven separate volumes, arranged by

State. Subscriptions include an annual

edition (issued in January or February)

which includes all current general wage

determinations for the States covered by

each volume. Throughout the remainder

of the year, regular weekly updates are

distributed to subscribers.

Signed at Washington, D.C. this 23rd day

of April 1998.

Carl J. Poleskey,

Chief, Branch of Construction Wage

Determinations.

[FR Doc. 98–11338 Filed 4–30–98; 8:45 am]

BILLING CODE 4510–27–M

NUCLEAR REGULATORY

COMMISSION

[DOCKET NO. 50–341]

Detroit Edison Company; Notice of

Consideration of Issuance 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. NPF–

43 issued to the Detroit Edison

Company (the licensee) for operation of

the Fermi 2 plant located in Monroe

County, Michigan.

The proposed amendment would

revise Technical Specification (TS)

3.8.1.1 to change the emergency diesel

generator (EDG) allowed outage time

(AOT) from 3 to 7 days. In order to use

the extended AOT, the revised TS will

require the licensee to ensure the

alternate AC power source (combustion

turbine-generator 11–1) is operable and

to verify the planned activity is not

potentially risk significant in

accordance with use of the licensee’s

configuration risk management program

as described in a new paragraph in the

Administrative Controls section of the

TS.

The amendment was requested in a

submittal dated November 22, 1995, as

supplemented February 19, April 19,

May 3, June 12, and December 4, 1996,

January 30 and August 7, 1997, and

April 27, 1998. The staff issued a

Federal Register notice on February 28,

1996 (61 FR 7550), providing the notice

of consideration of issuance of the

amendment, proposed no significant

hazards consideration (NSHC), and

opportunity for a hearing. The portions

of the November 22, 1995, submittal

related to changes in EDG surveillance

testing and reporting requirements (also

discussed in the NSHC) were addressed

in amendment no. 107 issued on June

20, 1996. The February 19, April 19,

May 3, June 12, and December 4, 1996,

and August 7, 1997, submittals provided

additional information but did not

change the proposed TS or the staff’s

initial proposed determination of NSHC.

The January 30, 1997, submittal added

a verification that the alternate AC

source is available prior to entering the

7-day AOT. This submittal also did not

change the staff’s initial proposed

determination of NSHC. The April 27,

1998, submittal added a description of

the Fermi 2 configuration risk

management program (CRMP) to the

Administrative Controls section of the

TS. This submittal included a

determination of NSHC for the change,

as discussed below. The current notice

encompasses the changes described in

the January 30, 1997, and April 27,

1998, submittals.

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 April

27, 1998, supplemental 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:

1. The proposed change does not involve

a significant increase in the probability or

consequences of an accident previously

evaluated.

The Configuration Risk Management

Program (CRMP) is an Administrative

Program that assesses risk based on plant

status. This proposed change does not change

the design, configuration, or method of plant

operation. Adding the requirement to

implement this program for Technical

Specification (TS) 3.8.1.1 does not affect the

probability or the consequences of an

accident.

2. The proposed change does not create the

possibility of a new or different kind of

accident from any accident previously

evaluated.

This proposed change does not change the

design, configuration, or method of plant

operation. Therefore, this change does not

create the possibility of a new or different

kind of accident from any previously

evaluated.

3. The proposed change does not involve

a significant reduction in a margin of safety.

The proposed change does not involve a

physical modification to the plant, a new

mode of operation or a change to the UFSAR

[updated final safety analysis report]

transient analyses. The proposed change

adds additional requirements to the

evaluation of equipment outages. Therefore,

the proposed change does not involve a

significant reduction in a 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

amendment request involves no

significant hazards consideration.

The Commission is seeking public

comments on this proposed

determination. Any comments received

by the close of business 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
24196 Federal Register / Vol. 63, No. 84 / Friday, May 1, 1998 / Notices

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 and

Directives Branch, Division of

Administrative 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 6D59, 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 June 1, 1998 , 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 Monroe

County Library System, 3700 South

Custer Road, Monroe, Michigan 48161.

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

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:

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

John Flynn, Esq., Detroit Edison

Company, 2000 Second Avenue, Detroit,

Michigan 48226, 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 November 22, 1995,

as supplemented February 19, April 19,

May 3, June 12, and December 4, 1996,

January 30 and August 7, 1997, and

April 27, 1998, 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 Monroe

County Library System, 3700 South

Custer Road, Monroe, Michigan 48161.

Dated at Rockville, Maryland, this 28th day

of April 1998.

For the Nuclear Regulatory Commission.

Andrew J. Kugler,

Project Manager, Project Directorate III–1

Division of Reactor Projects—III/IV, Office of

Nuclear Reactor Regulation.

[FR Doc. 98–11656 Filed 4–30–98; 8:45 am]

BILLING CODE 7590–01–P