Federal Register / Vol. 63, No. 129 /Tuesday, July 7, 1998 / Notices 36719

1. Review and approval of Certificate

Holder PIECP applications;

2. Monitoring to determine

compliance status of operations within

all CACs;

3. PIECP exception status termination

or suspension for cause related to

substantial non-compliance;

4. Liaison with other Federal agencies

that may affect PIECP operations;

5. Provision of compliance-related

technical assistance; and

6. Any and all other functions

necessary to administer the program in

compliance with 18 U.S.C. 1761(c).

e. PIECP Exception Status

Suspension/Termination

1. Notice of Possible Compliance

Violation. Alleged facts indicative of

non-compliance shall be communicated

in writing by BJA to the involved

Certificate Holder and the involved

designated CAC. These parties must

respond to the allegations, in writing,

within 15 days after receipt of the notice

of non-compliance determination.

Immediate corrective action must be

taken to address determinations of noncompliance.

2. Voluntary Compliance Agreements.

If BJA determines that noncompliant

practices persist, BJA may, in its

discretion, propose a voluntary

compliance agreement to the involved

Certificate Holder.

3. Failure to Achieve Compliance and

Effect of Non-Compliance. If a voluntary

compliance agreement is not presented

by BJA or is not accepted or adequately

implemented by the Certificate Holder

within 30 days after receipt of such an

agreement, BJA may suspend the

Certificate Holder’s certification and/or

CAC exception status.

4. PIECP Exception Status Suspension

and Termination. A certification may be

terminated by BJA if it has been inactive

(no production within a designated

CAC) or suspended for six consecutive

months. A certification and/or

designation may be suspended, and six

months thereafter, terminated upon: (1)

Issuance of a notice of a determination

that the Certificate Holder and/or

designated CAC is not acting in

compliance with the requirements of 18

U.S.C. 1761, this Guideline or the

conditions set forth in its certificate; or

(2) in the discretion of the Director of

BJA and upon a re-definition of a PIECP

Project authorized under 18 U.S.C.

1761(c). Termination or suspension of

the exception status of one designated

CAC will not automatically impact the

PIECP exception status of other CACs

under the same certification unless the

PIECP Project certification is suspended

or terminated. The hearing and appeal

procedures set forth in 28 C.F.R. Part 18

do not apply to PIECP applicants or

participants who have had PIECP

exception status suspended or

terminated under this provision.

Dated: June 26, 1998.

Nancy Gist,

Director, Bureau of Justice Assistance.

[FR Doc. 98–17757 Filed 7–6–98; 8:45 am]

BILLING CODE 4410–18–P

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

[Notice 98–087]

NASA Advisory Council (NAC), Space

Science Advisory Committee (SScAC);

Meeting

AGENCY: National Aeronautics and

Space Administration.

ACTION: Notice of meeting.

SUMMARY: In accordance with the

Federal Advisory Committee Act, Pub.

L. 92–463, as amended, the National

Aeronautics and Space Administration

announces a forthcoming meeting of the

NASA Advisory Council, Space Science

Advisory Committee.

DATES: Wednesday, July 29, 1998, 8:30

a.m. to 5:30 p.m.; Thursday, July 30,

1998, 8:00 a.m. to 6:00 p.m.; Friday, July

31, 1998, 8:30 a.m. to 12:30 p.m.

ADDRESSES: MIC 6, NASA Headquarters,

300 E Street, SW, Washington, DC

20546.

FOR FURTHER INFORMATION CONTACT: Dr.

Jeffrey Rosendhal, Code S, National

Aeronautics and Space Administration,

Washington, DC 20546, 202/358–2470.

SUPPLEMENTARY INFORMATION: The

meeting will be open to the public up

to the capacity of the room. The agenda

for the meeting is as follows:

—OSS Program and Budget Status

—Science Metrics/FY 2000 Performance

Plan

—Final Report of the R&A and MO&DA

Task Force

—Theme Status Reports/Reports from

Subcommittees

—Research Program Update

—Technology Program Status and

Planning

It is imperative that the meeting be held

on these dates to accommodate the

scheduling priorities of the key

participants. Visitors will be requested

to sign a visitor’s register.

Dated: June 24, 1998.

Matthew Crouch,

Advisory Committee Management Officer,

National Aeronautics and Space

Administration.

[FR Doc. 98–17953 Filed 7–6–98; 8:45 am]

BILLING CODE 7510–01–P

NUCLEAR REGULATORY

COMMISSION

[Docket Nos. 50–295 and 50–304]

Commonwealth Edison Company;

(Zion Nuclear Power Station, Units 1

and 2); Exemption

I

Commonwealth Edison Company

(ComEd, the licensee) is the holder of

Facility Operating License Nos. DPR–39

and DPR–48, which authorize operation

of the Zion Nuclear Power Station,

Units 1 and 2. The licenses provide,

among other things, that the licensee is

subject to all rules, regulations, and

orders of the Commission now or

hereafter in effect.

II

In its letter dated March 12, 1998,

ComEd requested an exemption from

the Commission’s regulations. Pursuant

to 10 CFR 50.34(b), each application for

a license to operate a facility shall

include a Final Safety Analysis Report

(FSAR). This report shall include

information that describes the facility,

presents the design bases and the limits

on its operation and presents a safety

analysis of the structure, systems and

components of the facility.

Title 10 of the Code of Federal

Regulations, Part 50, Section 71 (10 CFR

50.71), ‘‘Maintenance of records, making

of reports,’’ states that all light-water

nuclear power reactors shall update

their FSAR periodically. Pursuant to 10

CFR 50.71(e)(4), the time interval for the

subsequent FSAR updates must not

exceed 24 months. The last full update

of the Zion FSAR was submitted to the

NRC on July 5, 1996. Consequently, the

next update would be required to be

submitted no later than July 1998.

However, ComEd is requesting an

exemption from this requirement to

allow them to update the FSAR to

reflect the present condition of the

units.

By letters dated February 13, 1998,

and March 9, 1998, ComEd informed the

NRC that Zion Nuclear Power Station,

Units 1 and 2, have permanently ceased

operations and both units are

completely defueled and all fuel has

been placed in the spent fuel pool for

long-term storage. By letter dated May 4,

1998, the NRC acknowledged Zion’s

permanent cessation of power operation

and permanent removal of fuel from the

reactor vessels.

Many of the systems and components

previously required for safety are no

longer needed because the Zion units

are permanently shut down. Therefore,

updating the current FSAR will provide
36720 Federal Register / Vol. 63, No. 129 /Tuesday, July 7, 1998 / Notices

a description of components and

systems that are no longer relevant to

safety. Instead ComEd has proposed and

committed to prepare and submit an

update to the FSAR reflecting the

permanently defueled condition of

Zion, Units 1 and 2, by December 31,

1998. This update will become Zion’s

Defueled Safety Analysis Report

(DSAR).

Because ComEd’s board decision on

January 14, 1998, to shut down Zion

was unexpected, ComEd staff did not

have adequate time to develop the

DSAR. Therefore, ComEd is requesting

an extension of the update interval to

allow sufficient time to develop and

submit the DSAR. In their letter dated

March 12, 1998, ComEd stated that

many of the technical, administrative,

and management resources needed to

develop a DSAR are the same as those

that would be involved in updating the

FSAR. Consequently, updating the

current FSAR by July 1998, would result

either in a delay in developing a DSAR

or in the expenditure of significant

additional resources to develop a DSAR

while preparing an FSAR update

submittal in parallel.

III

Pursuant to 10 CFR 50.12, the

Commission may, upon application by

any interested person or upon its own

initiative, grant exemptions from the

requirements of 10 CFR Part 50 (1) when

the exemptions are authorized by law,

will not present an undue risk to public

health or safety, and are consistent with

the common defense and security; and

(2) when special circumstances are

present. Special circumstances are

present whenever, according to 10 CFR

50.12(a)(2)(ii), ‘‘Application of the

regulation in the particular

circumstances would not serve the

underlying purpose of the rule or is not

necessary to achieve the underlying

purpose of the rule. * * *’’

The underlying purpose of 10 CFR

50.71 is to provide updated information

and descriptions which are needed to

permit understanding of the system

designs and their relationships to safety

evaluations. The last update to the Zion

FSAR was submitted on July 5, 1996.

Therefore, the next update is due no

later than July 1998. However, because

ComEd has permanently ceased

operation of the Zion Nuclear Power

Station, Units 1 and 2, many of the

systems and components that were

previously required for the safe

operation of the plants are no longer

needed. Therefore, by updating the

current FSAR, ComEd would be

providing information on equipment

and systems that are no longer relevant

to the safety of the plant. ComEd has

committed to providing Zion’s DSAR by

December 1998. This DSAR update will

meet the underlying purpose of the rule

in which the status of equipment and

systems relevant to a non-operating

plant will be provided to NRC and

docketed. Furthermore, this exemption

will have no impact on the ability of

structures, systems, and components to

perform the safety functions required

with the plant permanently shut down

and defueled.

IV

For the foregoing reasons, the NRC

staff has concluded that the licensee’s

proposed use of the alternate date for

submittal of the DSAR will not present

an undue risk to public health and

safety and is consistent with the

common defense and security. The NRC

staff has determined that there are

special circumstances present, as

specified in 10 CFR 50.12(a)(2)(ii), in

that the DSAR will provide the required

information relevant to the current

status of the plant.

Accordingly, the Commission has

determined that pursuant to 10 CFR

50.12(a), an 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 an exemption from the

requirements of 10 CFR 50.71(e)(4) in

that ComEd may extend its Updated

Final Safety Analysis Report submittal

date from July 1998 to December 31,

1998.

Pursuant to 10 CFR 51.32, the

Commission has determined that

granting this exemption will not have a

significant effect on the quality of the

human environment (63 FR 35294).

This exemption is effective upon

issuance.

Dated at Rockville, MD, this 30th day of

June 1998.

For the Nuclear Regulatory Commission.

Samuel J. Collins,

Director, Office of Nuclear Reactor

Regulation.

[FR Doc. 98–17921 Filed 7–6–98; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

Atomic Safety and Licensing Board

Panel

[Docket No. 55–22234–SP; ASLBP No. 98–

745–01–SP]

Randall L. Herring, Operator License

for Catawba Nuclear Station; Notice of

Hearing

June 30, 1998.

Notice is hereby given that, by

Memorandum and Order dated June 30,

1998, the Presiding Officer has granted

the request of Mr. Randall L. Herring for

a hearing on the NRC Staff’s denial of

his application for an operator license

for the Catawba Nuclear Station. The

hearing is to be conducted under the

Commission’s informal hearing

procedures set forth in 10 CFR Part 2,

Subpart L. Administrative Judge Charles

Bechhoefer has been designated

Presiding Officer to conduct this

hearing, and the Presiding Officer has

appointed Administrative Judge Richard

F. Cole to serve as his Special Assistant

in developing a suitable record. 63 FR

34197 (June 23, 1998). The parties to

this proceeding are limited to Mr.

Herring and the NRC Staff.

Further details are provided in the

Presiding Officer’s Memorandum and

Order (Hearing File and Specification of

Claims), dated June 30, 1998. As there

set forth, this informal adjudication may

be decided entirely on the basis of the

parties’ written filings, together with

relevant documents. In addition, the

Presiding Officer has discretion to

entertain oral presentations from the

parties, as authorized by 10 CFR 2.1235,

should he determine that such course of

action would be necessary or useful in

creating an adequate record for decision.

Materials concerning this proceeding

are on file at the Commission’s Public

Document Room, 2120 L. St. N.W.,

Washington D.C. 20555.

Rockville, Maryland, June 30, 1998.

Presiding Officer.

Charles Bechhoefer,

Administrative Judge.

[FR Doc. 98–17918 Filed 7–6–98; 8:45 am]

BILLING CODE 7590–01–P