Federal Register / Vol. 63, No. 110 /Tuesday, June 9, 1998 / Notices 31533

NUCLEAR REGULATORY

COMMISSION

[Docket No. 50–341]

In the Matter of Detroit Edison

Company (Fermi 2); Exemption

I

The Detroit Edison Company (the

licensee) is the holder of Facility

Operating License No. NPF–43, which

authorizes operation of Fermi 2. The

license provides, among other things,

that the licensee is subject to all rules,

regulations, and orders of the

Commission now or hereafter in effect.

The facility consists of a boiling-water

reactor at the licensee’s site located in

Monroe County, Michigan.

II

Section 70.24 of Title 10 of the Code

of Federal Regulations, ‘‘Criticality

accident requirements,’’ requires that

each licensee authorized to possess

special nuclear material (SNM) shall

maintain a criticality accident

monitoring system in each area where

such material is handled, used, or

stored. Subsections (a)(1) and (a)(2) of

10 CFR 70.24 specify detection and

sensitivity requirements that these

monitors must meet. Subsection (a)(1)

also specifies that all areas subject to

criticality accident monitoring must be

covered by two detectors.

Paragraph (a) of 10 CFR 70.14 states

that the Commission may, upon

application of any interested person,

grant such exemptions from the

requirements of the regulations in 10

CFR Part 70 as it determines are

authorized by law and will not endanger

life or property or the common defense

and security and are otherwise in the

public interest.

III

The SNM that could be assembled

into a critical mass at Fermi 2 is in the

form of nuclear fuel; the quantity of

SNM other than fuel that is stored on

site in any given location is small

enough to preclude achieving a critical

mass. The Commission has evaluated

the possibility of an inadvertent

criticality of the nuclear fuel at Fermi 2

and has determined that it is extremely

unlikely for such an accident to occur

if the licensee meets the following seven

criteria:

1. Only three new fuel assemblies are

allowed out of a shipping cask or

storage rack at one time.

2. The k-effective does not exceed

0.95, at a 95% probability, 95%

confidence level in the event that the

fresh fuel storage racks are filled with

fuel of the maximum permissible U–235

enrichment and flooded with pure

water.

3. If optimum moderation occurs at

low moderator density, then the keffective does not exceed 0.98, at a 95%

probability, 95% confidence level in the

event that the fresh fuel storage racks

are filled with fuel of the maximum

permissible U–235 enrichment and

flooded with a moderator at the density

corresponding to optimum moderation.

4. The k-effective does not exceed

0.95, at a 95% probability, 95%

confidence level in the event that the

spent fuel storage racks are filled with

fuel of the maximum permissible U–235

enrichment and flooded with pure

water.

5. The quantity of forms of SNM,

other than nuclear fuel, that are stored

on site in any given area is less than the

quantity necessary for a critical mass.

6. Radiation monitors, as required by

General Design Criterion 63, are

provided in fuel storage and handling

areas to detect excessive radiation levels

and to initiate appropriate safety

actions.

7. The maximum nominal U–235

enrichment is limited to 5.0 weight

percent.

By letter dated April 27, 1998, the

licensee requested an exemption from

10 CFR 70.24. In this request the

licensee addressed the seven criteria

given above. The Commission has

reviewed the licensee’s submittal and

has determined that Fermi 2 meets the

applicable criteria. Criteria 2 and 3 are

not applicable to Fermi 2 because plant

procedures preclude the use of the fresh

fuel storage racks. Therefore, the staff

has determined that it is extremely

unlikely for an inadvertent criticality to

occur in SNM handling or storage areas

at Fermi 2.

The purpose of the criticality

monitors required by 10 CFR 70.24 is to

ensure that if a criticality were to occur

during the handling of SNM, personnel

would be alerted to that fact and would

take appropriate action. The staff has

determined that it is extremely unlikely

that such an accident could occur;

furthermore, the licensee has criticality

accident monitors conforming to 10 CFR

70.24 in the areas in which fuel is

handled outside the inner metal

shipping cask and administrative

controls over the handling of the casks

in other areas. The low probability of an

inadvertent criticality, together with the

licensee’s criticality accident monitors

and administrative controls, constitutes

good cause for granting an exemption to

the requirements of 10 CFR 70.24(a).

IV

The Commission has determined that,

pursuant to 10 CFR 70.14, this

exemption is authorized by law, will not

endanger life or property or the common

defense and security, and is otherwise

in the public interest. Therefore, the

Commission hereby grants the Detroit

Edison Company, an exemption from

the requirements of 10 CFR 70.24(a) for

Fermi 2.

Pursuant to 10 CFR 51.32, the

Commission has determined that the

granting of this exemption will have no

significant impact on the quality of the

human environment (63 FR 29256).

This exemption is effective upon

issuance.

Dated at Rockville, Maryland, this 2nd day

of June 1998.

For the Nuclear Regulatory Commission.

Samuel J. Collins,

Director, Office of Nuclear Reactor

Regulation.

[FR Doc. 98–15268 Filed 6–8–98; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

[Docket No. 50–260 and 50–296]

Tennessee Valley Authority; Notice of

Consideration of Issuance of

Amendment to Facility Operating

Licenses and Opportunity for a

Hearing

The U.S. Nuclear Regulatory

Commission (NRC, the Commission) is

considering issuance of an amendment

to Facility Operating License Nos. DPR–

52 and DPR–68 issued to the Tennessee

Valley Authority (TVA or the licensee)

for operation of the Browns Ferry

Nuclear Plant (BFN), Units 2 and 3,

located in Limestone County, Alabama.

Presently, the BFN Units 2 and 3 are

licensed to operate at a maximum rated

thermal power of 3293 MWt. By letter

dated October 1, 1997, as supplemented

October 14, 1997, March 16, April 1 and

28, May 1 and 20, 1998, the licensee

proposed changes to the BFN Units 2

and 3 Technical Specifications (TS) to

allow operation of the Units at the

uprated power level of 3458 MWt which

represents a proposed power level

increase of 5 percent. The licensee

proposed several TS changes to revise

the rated thermal power value, flow,

pressure and temperature values for

various systems and structures, relief

valve setpoints and associated

surveillance requirements to reflect

operation of the BFN Units 2 and 3 at

the increased power level. For further

details with respect to specific TS
31534 Federal Register / Vol. 63, No. 110 /Tuesday, June 9, 1998 / Notices

changes, see the application for

amendments.

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.

By July 9, 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 FR 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 Athens

Public Library, 405 E. South Street,

Athens, Alabama. 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 reference 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:

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

General Counsel, Tennessee Valley

Authority, 400 West Summit Drive, ET

10H, Knoxville, Tennessee 37902,

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

amendments dated October 1, 1997, as

supplemented October 14, 1997, March

16, April 1 and 28, May 1, and 20, 1998,

which 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 the Athens Public Library,

405 E. South Street, Athens, Alabama.

Dated at Rockville, Maryland, this 3rd day

of June 1998.

For the Nuclear Regulatory Commission.

L. Raghavan,

Senior Project Manager, Project Directorate

II–3, Division of Reactor Projects-I/II, Office

of Nuclear Reactor Regulation.

[FR Doc. 98–15267 Filed 6–8–98; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

[Docket No. 50–244]

Rochester Gas and Electric

Corporation and R.E. Ginna Nuclear

Power Plant; Environmental

Assessment and Finding of No

Significant Impact

The U.S. Nuclear Regulatory

Commission (the Commission) is

considering revoking an exemption

issued to Rochester Gas and Electric

Corporation (the licensee), holder of

Facility Operating License No. DPR–18

for operation of the R.E. Ginna Nuclear

Power Plant located in Wayne County,

New York.

Environmental Assessment

Identification of Proposed Action

The proposed action would revoke

one of the exemptions from the

requirements of Section III.G of

Appendix R to 10 CFR Part 50 issued on

March 21, 1985. By letter dated January

13, 1998, the licensee informed the NRC

that the exemption from Section III.G of

Appendix R to 10 CFR Part 50 for the