388 Federal Register / Vol. 66, No. 2 / Wednesday, January 3, 2001 / Notices

NUCLEAR REGULATORY

COMMISSION

[Docket No. 50–286]

Entergy Nuclear Operations, Inc.;

Notice of Consideration of Issuance of

Amendment to Facility Operating

License and Opportunity for a Hearing

The U.S. Nuclear Regulatory

Commission (the Commission) is

considering issuance of an amendment

to Facility Operating License No. DPR–

64, issued to Entergy Nuclear

Operations, Inc., for operation of the

Indian Point Nuclear Generating Unit

No. 3 (IP3) located in Westchester

County, New York.

The proposed amendment would

constitute a conversion from the Current

Technical Specifications (CTS) to a set

of Improved Technical Specifications

(ITSs) based on NUREG–1431,

‘‘Standard Technical Specifications

(STS) for Westinghouse Plants,’’

Revision 1, dated April 1995. NUREG–

1431 was developed by the

Commission’s staff through working

groups composed of both NRC staff

members and industry representatives,

and has been endorsed by the staff as

part of an industry-wide initiative to

standardize and improve the Technical

Specifications (TSs) for nuclear power

plants. As part of this submittal, the

licensee has applied the criteria

contained in the Commission’s ‘‘Final

Policy Statement on Technical

Specification Improvements for Nuclear

Power Reactors (Final Policy

Statement),’’ published in the Federal

Register on July 22, 1993 (58 FR 39132),

to the CTS, and, using NUREG–1431 as

a basis, proposed an ITS for IP3. The

criteria in the Final Policy Statement

were subsequently added to 10 CFR

50.36, ‘‘Technical Specifications,’’ in a

rule change that was published in the

Federal Register on July 19, 1995 (60 FR

36953) and became effective on August

18, 1995. The licensee requested the

conversion amendment in a letter dated

December 11, 1998, as supplemented on

December 15, 1998, May 17, 1999,

August 16, 2000, September 14, 2000,

September 27, 2000, and November 30,

2000.

The licensee has categorized the

proposed changes to the CTS into four

general groupings. These groupings are

characterized as administrative changes,

relocated changes, more restrictive

changes and less restrictive changes.

Administrative changes are those that

involve restructuring, renumbering,

rewording, interpretation and complex

rearranging of requirements and other

changes not affecting technical content

or substantially revising an operating

requirement. The reformatting,

renumbering and rewording process

reflects the attributes of NUREG–1433

and does not involve technical changes

to the CTS. The proposed changes

include: (a) Providing the appropriate

numbers, etc., for NUREG–1431

bracketed information (information that

must be supplied on a plant-specific

basis, and which may change from plant

to plant), (b) identifying plant-specific

wording for system names, etc., and (c)

changing NUREG–1431 section wording

to conform to existing licensee

practices. Such changes are

administrative in nature and do not

impact initiators of analyzed events or

assumed mitigation of accident or

transient events. Relocated changes are

those involving relocation of

requirements and surveillances for

structures, systems, components, or

variables that do not meet the criteria

for inclusion in TS. Relocated changes

are those CTS requirements that do not

satisfy or fall within any of the four

criteria specified in the 10 CFR

50.36(c)(2)(ii) and may be relocated to

appropriate licensee controlled

documents.

The licensee’s application of the

screening criteria is described in the

attachment of the licensee’s December

11, 1998, submittal, which is entitled,

‘‘Application of the NRC Final Policy

Statement Selection Criteria to the

Indian Point Nuclear Generating Unit

No. 3 Technical Specifications’’ (Split

Report) in Volume 1 of the submittal.

The affected structures, systems,

components or variables are not

assumed to be initiators of analyzed

events and are not assumed to mitigate

accident or transient events. The

requirements and surveillances for these

affected structures, systems,

components, or variables will be

relocated from the TSs to

administratively controlled documents

such as the quality assurance program,

the final safety analysis report (FSAR),

the ITS BASES, the Technical

Requirements Manual (TRM) that is

incorporated by reference in the FSAR,

the Core Operating Limits Report

(COLR), the Offsite Dose Calculation

Manual (ODCM), the Inservice Testing

(IST) Program, or other licenseecontrolled documents. Changes made to

these documents will be made pursuant

to 10 CFR 50.59 or other appropriate

control mechanisms, and may be made

without prior NRC review and approval.

In addition the affected structures,

systems, components, or variables are

addressed in existing surveillance

procedures that are also subject to 10

CFR 50.59. These proposed changes will

not impose or eliminate any

requirements.

More restrictive changes are those

involving more stringent requirements

compared to the CTS for operation of

the facility. These more stringent

requirements do not result in operation

that will alter assumptions relative to

the mitigation of an accident or

transient event. The more restrictive

requirements will not alter the operation

of process variables, structures, systems,

and components described in the safety

analyses. For each requirement in the

STS that is more restrictive than the

CTS that the licensee proposes to adopt

in the ITS, the licensee has provided an

explanation as to why it has concluded

that adopting the more restrictive

requirement is desirable to ensure safe

operation of the facility because of

specific design features of the plant.

Less restrictive changes are those

where CTS requirements are relaxed or

eliminated, or new plant operational

flexibility is provided. The more

significant ‘‘less restrictive’’

requirements are justified on a case-bycase basis. When requirements have

been shown to provide little or no safety

benefit, their removal from the TSs may

be appropriate. In most cases,

relaxations previously granted to

individual plants on a plant specific

basis were the result of (a) generic NRC

actions, (b) new NRC staff positions that

have evolved from technological

advancements and operating

experience, or (c) resolution of the

Owners Groups’ comments on the

Improved Standard Technical

Specifications. Generic relaxations

contained in NUREG–1431 were

reviewed by the staff and found to be

acceptable because they are consistent

with current licensing practices and

NRC regulations. The licensee’s design

is being reviewed to determine if the

specific design basis and licensing basis

are consistent with the technical basis

for the model requirements in NUREG–

1431, thus providing a basis for the ITS,

or if relaxation of the requirements in

the CTS is warranted based on the

justification provided by the licensee.

These administrative, relocated, more

restrictive, and less restrictive changes

to the requirements of the CTS do not

result in operations that will alter

assumptions relative to mitigation of an

analyzed accident or transient event.

In addition to the proposed changes

solely involving the conversion, there

are also changes proposed that are

different to the requirements in both the

CTS and the Standard Technical

Specifications (STS) NUREG–1431.

These proposed beyond-scope issues to

the ITS conversion are as follows:

Federal Register / Vol. 66, No. 2 / Wednesday, January 3, 2001 / Notices 389

(1) ITS 3.3 Setpoint and Allowable

Changes Associated with the Adoption

of the ITS

The licensee proposes to revise the

setpoints or allowable values associated

with power range flux, pressurizer

pressure, overtemperature delta T,

overpower deltaT, low reactor coolant

loop flow, high pressurizer water level,

steam generator water level,

containment pressure, auto stop oil

pressure, high steam line differential

pressure and high steam flow.

(2) ITS 3.4.11 Pressurizer Power

Operated Relief Valves (PORVs)

The licensee proposes a completion

time of 7 days for restoration of an

inoperable PORV or block valve as

opposed to the 72 hours specified in the

STS.

(3) ITS SR 3.4.14.1 Frequency (DOC

M.5)

The licensee proposes to extend the

frequency for the pressure isolation

valve leakage testing surveillance from

18 to 24 months. This change also

extends PIV leakage testing from 9

months to 12 months.

(4) ITS 3.6.10, Weld Channel and

Penetration Pressurization System (DOC

L.1 and M.3)

The licensee proposes changes to the

CTS requirements by focusing on

ensuring the safety function

(containment integrity) at individual

component level rather than conducting

repairs to restore zone operability.

(5) ITS 3.7.2, Inclusion of Main Steam

Check Valves (DOC L.1)

At IP3 each main steam line has one

Main Steam Isolation Valve (MSIV) and

one Main Steam Check Valve (MSCV).

In the STS, TS 3.7.2 conditions address

only the MSIV operability. The licensee

proposes to add MSCV operability to

ITS 3.7.2 Conditions, which requires

certain changes and additions to the

Required Actions, beyond those in the

STS.

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.

By February 2, 2001, 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, located at One

White Flint North, 11555 Rockville Pike

(first floor), Rockville, Maryland and

accessible electronically through the

ADAMS Public Electronic Reading

Room link at the NRC Web site (http:/

/www.nrc.gov). 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 a 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.

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, located at One

White Flint North, 11555 Rockville Pike

(first floor), Rockville, Maryland, 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 Fulton,

Assistant General Counsel, Entergy

Nuclear Generating Co., Pilgrim Station,

600 Rocky Hill Road, Plymouth, MA

02360, 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

amendment dated December 11, 1998,

as supplemented on December 15, 1998,

390 Federal Register / Vol. 66, No. 2 / Wednesday, January 3, 2001 / Notices

1Any future portfolio of the Fund that may rely

on the order in the future will do so only in

accordance with the terms and conditions of the

application.

May 17, 1999, August 16, 2000,

September 14, 2000, September 27,

2000, and November 30, 2000, which

are available for public inspection at the

Commission’s Public Document Room,

located at One White Flint North, 11555

Rockville Pike (first floor), Rockville,

Maryland, and accessible electronically

through the ADAMS Public Electronic

Reading Room link at the NRC Web site

(http://www.nrc.gov).

Dated at Rockville, Maryland, this 27th day

of December 2000.

For the Nuclear Regulatory Commission.

George F. Wunder,

Project Manager, Section I, Project Directorate

I, Division of Licensing Project Management,

Office of Nuclear Reactor Regulation.

[FR Doc. 01–103 Filed 1–2–01; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

Draft Regulatory Guide; Issuance,

Availability

The Nuclear Regulatory Commission

has issued for public comment a draft of

a regulatory guide proposed for its

Regulatory Guide Series. This series has

been developed to describe and make

available to the public such information

as methods acceptable to the NRC staff

for implementing specific parts of the

NRC’s regulations, techniques used by

the staff in evaluating specific problems

or postulated accidents, and data

needed by the staff in its review of

applications for permits and licenses.

The draft guide, temporarily

identified by its task number, DG–3020

(which should be mentioned in all

correspondence concerning this draft

guide), is ‘‘Guidance for Implementation

of 10 CFR 72.48, Changes, Tests, and

Experiments.’’ This guide is being

developed to provide guidance that is

acceptable to the NRC staff for licensees

and certificate holders on their

evaluation of changes proposed to

facilities or cask designs licensed under

10 CFR Part 72.

Comments may be accompanied by

relevant information or supporting data.

Written comments may be submitted to

the Rules and Directives Branch, Office

of Administration, U.S. Nuclear

Regulatory Commission, Washington,

DC 20555. Copies of comments received

may be examined at the NRC Public

Document Room, 11555 Rockville Pike,

Rockville, MD. Comments will be most

helpful if received by January 22, 2001.

You may also provide comments via

the NRC’s interactive rulemaking

website through the NRC home page

(http://www.nrc.gov). This site provides

the availability to upload comments as

files (any format) if your web browser

supports that function. For information

about the interactive rulemaking

website, contact Ms. Carol Gallagher,

(301) 415–5905; e-mail CAG@NRC.GOV.

For information about the draft guide

and the related documents, contact Mr.

C.P. Jackson at (301) 415–2947; e-mail

CPJ@NRC.GOV.

Although a time limit is given for

comments on this draft guide,

comments and suggestions in

connection with items for inclusion in

guides currently being developed or

improvements in all published guides

are encouraged at any time.

Regulatory guides are available for

inspection at the Commission’s Public

Document Room. The PDR’s mailing

address is USNRC Public Document

Room, Washington, DC 20555; e-mail

<pdr@nrc.gov>. Requests for single

copies of draft or final guides (which

may be reproduced) or for placement on

an automatic distribution list for single

copies of future draft guides in specific

divisions should be made in writing to

the U.S. Nuclear Regulatory

Commission, Washington, DC 20555,

Attention: Reproduction and

Distribution Services Section; or by fax

to (301) 415–2289, or by e-mail to

<DISTRIBUTION@NRC.GOV>.

Telephone requests cannot be

accommodated. Regulatory guides are

not copyrighted, and Commission

approval is not required to reproduce

them. (5 U.S.C. 552(a))

Dated at Rockville, Maryland, this 13th day

of December 2000.

For the Nuclear Regulatory Commission.

Charles E. Ader,

Director, Program Management, Policy

Development and Analysis Staff, Office of

Nuclear Regulatory Research.

[FR Doc. 01–102 Filed 1–2–01; 8:45 am]

BILLING CODE 7590–01–P

SECURITIES AND EXCHANGE

COMMISSION

[Investment Company Act Release No.

24798; 812–12230]

Securities Management and Research,

Inc. and American National Investment

Accounts, Inc.; Notice of Application

December 27, 2000.

AGENCY: Securities and Exchange

Commission (‘‘Commission’’).

ACTION: Notice of an application for an

order under sections 6(c), 12(d)(1)(J),

and 17(b) of the Investment Company

Act of 1940 (the ‘‘Act’’) for exemptions

from sections 12(d)(1)(A) and (B) and

17(a) of the Act, and under section 17(d)

of the Act and rule 17d–1 under the Act

to permit certain joint transactions.

Summary of the Application: The

requested order would permit certain

registered management investment

companies to invest uninvested cash in

an affiliated money market fund in

excess of the limits in sections

12(d)(1)(A) and (B) of the Act.

Applicants: Securities management

and Research, Inc. (the ‘‘Adviser’’),

American National Investment

Accounts, Inc. (the ‘‘Fund’’), and all

existing and future portfolios of the

Fund.

Filing Dates: The application was

filed on August 17, 2000.

Hearing or Notification of Hearing: An

order granting the application will be

issued unless the Commission orders a

hearing. Interested persons may request

a hearing by writing to the

Commission’s Secretary and serving

applicant with a copy of the request,

personally or by mail. Hearing requests

should be received by the Commission

by 5:30 p.m. on January 22, 2001, and

should be accompanied by proof of

service on applicants, in the form of an

affidavit or, for lawyers, a certificate of

service. Hearing requests should state

the nature of the writer’s interest, the

reason for the request, and the issues

contested. Persons who wish to be

notified of a hearing may request

notification by writing to the

Commission’s Secretary.

ADDRESSES: Secretary, Commission, 450

Fifth Street, NW., Washington, DC

20549–0609. Applicants, c/o Teresa E.

Axelson, Securities Management and

Research, Inc., 2450 Southshore Blvd.,

Suite 400, League City, TX 77573.

FUR FURTHER INFORMATION CONTACT:

Paula L. Kashtan, Senior Counsel, at

(202) 942–0615, or Mary Kay Frech,

Branch Chief, at (202) 942–0564,

(Division of Investment Management,

Office of Investment Company

Regulation).

SUPPLEMENTARY INFORMATION: The

following is a summary of the

application. The complete application

may be obtained for a fee at the

Commission’s Public Reference Branch,

450 Fifth Street, NW., Washington, DC

20549–0102 (tel. 202–942–8090).

Applicants’ Representations

1. The Fund is a Maryland

corporation registered under the Act as

an open-end management investment

company.1 The Adviser, a Florida