[Federal Register Volume 63, Number 149 (Tuesday, August 4, 1998)]
[Notices]
[Pages 41600-41602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-20783]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-440]


Notice of Consideration of Approval of Transfer of License and 
Issuance of Amendment to Facility Operating License, Proposed No 
Significant Hazards Consideration Determination, and Opportunity for a 
Hearing; The Cleveland Electric Illuminating Company, Centerior Service 
Company, Duquesne Light Company, Ohio Edison Company, OES Nuclear, 
Inc., Pennsylvania Power Company, Toledo Edison Company

    The U.S. Nuclear Regulatory Commission (the Commission) is 
considering the issuance of an order under 10 CFR 50.80 approving the 
transfer of Facility Operating License No. NPF-58 issued to The 
Cleveland Electric Illuminating Company, Centerior Service Company, 
Toledo Edison Company, Ohio Edison Company, Pennsylvania Power Company, 
OES Nuclear, Inc., and Duquesne Light Company (the licensees) with 
respect to operating authority thereunder for the Perry Nuclear Power 
Plant, Unit No.1, located in Lake County, Ohio, and considering 
issuance of a conforming amendment under 10 CFR 50.90.
    The proposed transfer of operating authority under the license 
would authorize a new operating company, called the FirstEnergy Nuclear 
Operating Company, to use and operate the Perry Nuclear Power Plant and 
to possess and use related licensed nuclear materials in accordance 
with the same conditions and authorizations included in the current 
operating license. The FirstEnergy Nuclear Operating Company would be 
formed by FirstEnergy Corporation, the corporate parent of the 
licensees except for Duquesne Light Company, to become the licensed 
operator for the Perry Nuclear Power Plant and would have exclusive 
control over the operation and maintenance of the facility. The license 
would be amended to reflect the transfer of authority under the 
license. After issuance of the transfer order and conforming license 
amendment, the owners of the facility will be authorized only to 
possess the facility and

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Centerior Service Company will be removed entirely from the license.
    Under the proposed arrangement, ownership of the Perry Nuclear 
Power Plant will remain unchanged with each owner retaining its current 
ownership interest. The FirstEnergy Nuclear Operating Company will not 
own any portion of the Perry Nuclear Power Plant. Likewise, the owners' 
entitlement to capacity and energy from the Perry Nuclear Power Plant 
will not be affected by the proposed change in operating responsibility 
for the Perry Nuclear Power Plant. The owners will continue to provide 
all funds for the operation, maintenance, and decommissioning of the 
Perry Nuclear Power Plant. The responsibility of the owners will 
include funding for any emergency situations that might arise at the 
Perry Nuclear Power Plant.
    Pursuant to 10 CFR 50.80, the Commission may approve the transfer 
of a license, or any right thereunder, after notice to interested 
persons. Such approval is contingent upon the Commission's 
determination that the transferee is qualified to hold the license and 
that the transfer is otherwise consistent with applicable provisions of 
law, regulations, and orders of the Commission.
    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 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 licensees have provided their analysis 
of the issue of no significant hazards consideration, which is 
presented below:

    The Perry Nuclear Power Plant has reviewed the proposed changes 
and determined that a significant hazards consideration does not 
exist because operation of the Perry Nuclear Power Plant, Unit No. 
1, in accordance with these changes would:
    1a. Not involve a significant increase in the probability of an 
accident previously evaluated because no accident initiators or 
assumptions are affected. The proposed changes are administrative 
and have no direct effect on any plant systems. All Limiting 
Conditions for Operation, Limiting Safety System Settings, and 
Safety Limits specified in the Technical Specifications will remain 
unchanged.
    1b. Not involve a significant increase in the consequences of an 
accident previously evaluated because no accident conditions or 
assumptions are affected. The proposed changes do not alter the 
source term, containment isolation, or allowable radiological 
consequences. The proposed changes are administrative and have no 
adverse effect on any plant system.
    2. Not create the possibility of a new or different kind of 
accident from any accident previously evaluated because no new 
accident initiators or assumptions are introduced by the proposed 
changes. The proposed changes are administrative and have no direct 
effect on any plant systems. The changes do not affect the reactor 
coolant pressure boundary and do not affect any system functional 
requirements, plant maintenance, or operability requirements.
    3. Not involve a significant reduction in the margin of safety 
because the proposed changes do not involve new or significant 
changes to the initial conditions contributing to accident severity 
or consequences. The proposed changes are administrative and have no 
direct effect on any plant systems.

    The NRC staff has reviewed the licensees' 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 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 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 September 3, 1998, the licensees may file a request for a 
hearing with respect to the proposed transfer of operating authority 
under the license and issuance of a conforming 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 Perry Public Library, 3753 Main Street, 
Perry, OH 44081. 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

[[Page 41602]]

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 with respect to the proposed amendment, 
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 on the amendment 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 Jay E. Silberg, Esquire, Shaw, 
Pittman, Potts and Trowbridge, 2300 N Street, NW., Washington, DC 
20037, attorney for the licensees.
    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 30, 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 Perry Public Library, 3753 Main Street, 
Perry, OH 44081.

    Dated at Rockville, Maryland, this 29th day of July 1998.

    For the Nuclear Regulatory Commission.
Ronald R. Bellamy,
Acting Director, Project Directorate III-3, Division of Reactor 
Projects--III/IV, Office of Nuclear Reactor Regulation.
[FR Doc. 98-20783 Filed 8-3-98; 8:45 am]
BILLING CODE 7590-01-P