Federal Register / Vol. 63, No. 144 /Tuesday, July 28, 1998 / Notices 40323

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 close of business on

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 Jay Silberg, Esq.,

Shaw, Pittman, Potts, and Trowbridge,

2300 N Street, NW, Washington, DC

20037, 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 June 19, 1998, as

supplemented July 1, 1998, and the

licensee’s letter dated May 5, 1997,

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 Minneapolis Public

Library, Technology and Science

Department, 300 Nicollet Mall,

Minneapolis, Minnesota 55401.

Dated at Rockville, Maryland, this 22nd

day of July 1998.

For the Nuclear Regulatory Commission.

Tae Kim,

Senior Project Manager, Project Directorate

III–1, Division of Reactor Projects—III/IV,

Office of Nuclear Reactor Regulation.

[FR Doc. 98–20110 Filed 7–27–98; 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. The

licensee’s request was noticed in the

Federal Register on June 9, 1998 (63 FR

31533).

By letter dated June 26, 1998, as

supplemented July 17, 1998, the

licensee proposed additional TS

changes to its original power uprate

application. The licensee proposed to

add a new Limiting Condition for

Operation (LCO) 3.4.10, and associated

TS Bases changes. These changes are

related to operating limit for reactor

steam dome pressure. Accordingly, this

notice supplements the previous notice

63 FR 31533. For further details with

respect to this action, see the

application for amendments dated June

26, and July 17, 1998.

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 August 27, 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 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
40324 Federal Register / Vol. 63, No. 144 /Tuesday, July 28, 1998 / Notices

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:

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 June 26, and July 17,

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 22nd

day of July 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. 98–20108 Filed 7–27–98; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

[Docket No. 50–482]

Wolf Creek Nuclear Operating

Corporation; Notice of Partial

Withdrawal of Application for

Amendment to Facility Operating

License

The U.S. Nuclear Regulatory

Commission (the Commission) has

granted a request by Wolf Creek Nuclear

Operating Corporation (the licensee) to

withdraw part of its March 24, 1995,

application for an amendment to

Facility Operating License No. NPF–42,

issued to the licensee for operation of

the Wolf Creek Nuclear Generating

Station, Unit No. 1, located in Coffey

County, Kansas. Notice of Consideration

of Issuance of this amendment was

published in the Federal Register on

April 12, 1995 (60 FR 18632).

The portion of the licensee’s

amendment request which is being

withdrawn is the revision of the

Technical Specifications (TS) that

would change the allowed outage time

(AOT) for other reasons of accumulator

inoperability from 1 hour to 24 hours.

Subsequently the licensee informed

the staff that this portion of the

amendment will be resubmitted at a

later time. Thus, this portion of the

amendment application is considered to

be withdrawn by the licensee.

For further details with respect to this

action, see (1) the application for

amendment dated March 24, 1995, as

supplemented by letters dated July 26,

1995 and September 5, 1996, and (2) the

staff’s letter dated July 21, 1998.

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 Emporia

State University, Wiliam Allen White

Library, 1200 Commercial Street,

Emporia, Kansas 66801 and Washburn

University School of Law Library,

Topeka, Kansas 66621.

Dated at Rockville, Maryland, this 21st day

of July 1998.

For the Nuclear Regulatory Commission.

Kristine M. Thomas,

Project Manager, Project Directorate IV–2,

Division of Reactor Projects III/IV, Office of

Nuclear Reactor Regulation.

[FR Doc. 98–20109 Filed 7–27–98; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

[Docket Nos. 50–338 and 50–339]

Virginia Electric and Power Company,

North Anna Power Station, Units 1 and

2; Environmental Assessment and

Finding of No Significant Impact

The U.S. Nuclear Regulatory

Commission (the Commission) is

considering issuance of an exemption

from certain requirements of its

regulations with respect to Facility

Operating License No. NPF–4 and

Facility Operating License No. NPF–7,

issued to Virginia Electric and Power

Company (VEPCO, the licensee) for

operation of the North Anna Power

Station, Units 1 and 2 (NAPS1&2),

located in Louisa County, Virginia.

Environmental Assessment

Identification of Proposed Action

The proposed action is in accordance

with the licensee’s application dated

March 3, 1998, as supplemented May 5,

1998, concerning the use of respiratory

protection equipment which has not

been tested by the National Institute for

Occupational Safety and Health/Mine

Safety and Health Administration

(NIOSH/MSHA). Pursuant to 10 CFR

20.2301, the licensee has requested

exemptions from the following:

1. 10 CFR 20.1703(a)(1) which

requires that ‘‘* * * the licensee shall