30026 Federal Register / Vol. 66, No. 107 / Monday, June 4, 2001 / Notices

two of the beam pockets may impact the

performance of the system. Based on the

proximity of the unprotected beam

pockets to the fire wrap, over 80 feet

away, the licensee concludes that the

smoke detectors in the general area are

adequate to provide detection of any

credible fire which may potentially

damage the fire wrap. Based on the

information provided by the licensee,

the staff concurs that the code

deviations and lack of detectors in all

beam pockets would not adversely

impact the fire detection system’s

performance in the area of the fire wrap.

An automatic area-wide wet pipe

sprinkler system is installed in CT–1.

The licensee states that the system

meets the design requirements of

NFPA–13, 1991, and is designed and

installed as an Extra Hazard (Group 1)

system. In addition, an in-tray automatic

wet pipe water spray system is designed

to suppress a tray based fire. The

licensee states that the water spray

system meets the design requirements of

NFPA–15, 1990, Water Spray Systems.

Water hose lines and fire extinguishers

are available to the fire brigade inside

the zone to support manual

suppression. In addition, hose stations

with additional lengths of hose are

available outside of the area if needed.

Transient combustible materials in

the area are kept to a minimum based

on the administrative limits for the area.

Administrative limits may be exceeded

only when an evaluation has been

performed and a combustible control

permit has been issued. All station hot

work, including cutting and welding, is

controlled by administrative

procedures. Special requirements for the

CT–1 are that fire protection personnel

will approve hot work in this area and

that fire protection personnel will

inspect the area during the performance

of hot work at least every 2 hours.

The NRC staff examined the licensee’s

rationale to support the exemption

request and believes that reasonable

assurance that at least one means of

achieving and maintaining safe

shutdown conditions will remain

available during and after any

postulated fire in the plant.

Accordingly, the request for an

exemption from the requirements of 10

CFR part 50 appendix R, Section

III.G.2.c with respect to fire area CT–1

meets the special circumstances

delineated in 10 CFR part 50.12(a)(2)(ii),

i.e., the application of the regulation in

these particular circumstances is not

necessary to achieve the underlying

purpose of the rule. While the installed

fire barrier in CT–1 has less than a 1-

hour fire endurance rating, it will

provide some resistance to fire. The area

where the fire barrier is located has no

ignition sources other than cables, has

available manual suppression

capability, and is equipped with

automatic fire suppression and fire

detection. Under these circumstances,

there is an adequate level of fire safety

such that there is reasonable assurance

that at least one means of achieving and

maintaining safe shutdown conditions

will remain available during and after

any postulated fire in the plant, and

therefore, the underlying purpose of the

rule is met.

Based on the NRC staff review, and

circumstances described above, the staff

concludes that an exemption from the

technical requirements of Section

III.G.2.c of appendix R to 10 CFR part

50 to the extent that it requires the

enclosure of cables of one redundant

train of safe shutdown equipment in a

1-hour fire rated barrier, is appropriate

for fire area CT–1. See the safety

evaluation that supports these findings

dated May 29, 2001.

4.0 Conclusion

Accordingly, the Commission has

determined that, pursuant to 10 CFR

50.12(a), the exemption is authorized by

law, will not present an undue risk to

public health and safety, and is

consistent with the common defense

and security. Also, special

circumstances are present. Therefore,

the Commission hereby grants Entergy

Nuclear FitzPatrick, LLC and Entergy

Nuclear Operations, Inc. the requested

exemption from the requirements of

Section III.G.2.c of appendix R to 10

CFR part 50 for the JAF.

Pursuant to 10 CFR 51.32, the

Commission has determined that the

granting of this exemption will not have

a significant effect on the quality of the

human environment (66 FR27540).

This exemption is effective upon

issuance.

Dated at Rockville, Maryland, this 29th day

of May 2001.

For the Nuclear Regulatory Commission.

Cynthia A. Carpenter,

Acting Director, Division of Licensing Project

Management, Office of Nuclear Reactor

Regulation.

[FR Doc. 01–13900 Filed 6–1–01; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

[Docket Nos. 50–334 and 50–412]

FirstEnergy Nuclear Operating

Company, et al.; 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 Nos. DPR–

66 and NPF–73, issued to FirstEnergy

Nuclear Operating Company, et al., (the

licensee), for operation of the Beaver

Valley Power Station, Unit Nos. 1 and

2 (BVPS–1 and 2) located in

Shippingport, Pennsylvania.

The proposed amendment would

revise the Technical Specifications

(TSs) associated with requirements for

handling irradiated fuel assemblies in

the reactor containment and in the fuel

building. The proposed amendment

would also revise the TSs associated

with ensuring that safety analysis

assumptions are met for a postulated

fuel handling accident (FHA).

Specifically, the revised FHA

radiological analysis that is submitted in

support of the proposed amendment,

demonstrates that ‘‘non-recently’’

irradiated fuel does not contain

sufficient fission products to require

operability of accident mitigation

features to meet the accident analysis

assumptions. Consequently, the

accident mitigation features such as

building integrity and engineered safety

feature (ESF) ventilation systems would

not be required during fuel handling

activities that do not involve ‘‘recently’’

irradiated fuel assemblies. The

radiological analyses utilized to support

this amendment request were performed

based on the guidance provided in

NUREG–0800, ‘‘Standard Review Plan,’’

Chapter 15.0.1 and Regulatory Guide

(RG) 1.183, ‘‘Alternative Radiological

Source Terms for Evaluating Design

Basis Accidents at Nuclear Power

Reactors.’’ The decay time specified in

TS 3/4.9.3, ‘‘Decay Time,’’ would be

revised from 150 hours to 100 hours.

The proposed amendment also includes

administrative, editorial, and format

changes to the TSs and Bases associated

with the revisions discussed above.

Changes to the Updated Final Safety

Analysis Reports for BVPS–1 and 2

associated with the description of a

postulated FHA and its calculated

radiological consequences are also

included.

Before issuance of the proposed

license amendment, the Commission

will have made findings required by the

Federal Register / Vol. 66, No. 107 / Monday, June 4, 2001 / Notices 30027

Atomic Energy Act of 1954, as amended

(the Act) and the Commission’s

regulations.

By July 5, 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 is

accessible electronically through the

Agencywide Documents Access and

Management System (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

must 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 that may be entered

in the proceeding on the petitioner’s

interest. The petition must 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

that must include a list of the

contentions that the petitioner seeks to

have litigated in the hearing. 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 each

contention and a concise statement of

the alleged facts or expert opinion that

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.

The 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 that, if proven, would

entitle the petitioner to relief. A

petitioner who fails to file such a

supplement that 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 and 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 request for a

hearing and the petition should also be

sent to the Office of the General

Counsel, U.S. Nuclear Regulatory

Commission, Washington, DC 20555–

0001, and to Mary O’Reilly, Attorney,

FirstEnergy Legal Department,

FirstEnergy Corporation, 76 S. Main

Street, Akron, OH 44308, attorney for

the licensee.

Nontimely filings of petitions for

leave to intervene, amended petitions,

supplemental petitions and/or requests

for a hearing will not be entertained

absent a determination by the

Commission, the presiding officer, or

the 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 March 19, 2001

(ADAMS Accession No. ML010810433),

which is 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 23rd day

of May 2001.

For the Nuclear Regulatory Commission.

Lawrence J. Burkhart,

Project Manager, Section 1, Project

Directorate I, Division of Licensing Project

Management, Office of Nuclear Reactor

Regulation.

[FR Doc. 01–13899 Filed 6–1–01; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

[Docket No. 50–395]

South Carolina Electric and Gas

Company, V. C. Summer Nuclear

Station; Exemption

1.0 Background

South Carolina Electric & Gas

Company (SCE&G) is the holder of

Facility Operating License No. NPF–12,

which authorizes operation of the V.C.

Summer Nuclear Station (the facility), at

steady-state core power levels not in

excess of 2900 megawatts thermal. The

license provides, among other things,

that the V. C. Summer Nuclear Station

is subject to all rules, regulations, and

orders of the Commission now or

hereafter in effect.

The facility consists of a pressurized

water reactor located in Fairfield County

in South Carolina.

2.0 Purpose

Pursuant to Title 10 of the Code of

Federal Regulations (10 CFR) Section