[Federal Register Volume 66, Number 109 (Wednesday, June 6, 2001)]
[Notices]
[Pages 30490-30492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14268]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-237, 50-249, 50-254 and 50-265]


Exelon Generation Company, LLC; 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-19 and DPR-25, issued to Exelon Generation Company, LLC, (EGC, or 
the licensee), for the operation of Dresden Nuclear Power Station, 
Units 2 and 3, respectively, located in Grundy County, Illinois, and 
Facility Operating License Nos. DPR-29 and DPR-30, issued to EGC, for 
operation of the Quad Cities Nuclear Power Station, Units 1 and 2, 
respectively, located in Rock Island County, Illinois.
    The proposed amendment, requested by letter dated February 22, 
2001, as supplemented by letter dated May 4, 2001, would revise the 
technical specifications to reduce the reactor vessel water level--low 
scram and isolation setpoints by eight inches.
    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 licensee has provided its analysis of 
the issue of no significant hazards consideration, which is presented 
below:

Does the Proposed Change Involve a Significant Increase in the 
Probability or Consequences of an Accident Previously Evaluated?

    The vessel water level--low scram and isolation functions are not 
involved in the initiation of accidents or transients. Therefore, 
reducing the allowable value for these functions does not affect the 
probability of an accident previously evaluated.

[[Page 30491]]

    Reducing the allowable value for the vessel water level--low scram 
and isolation functions does not affect the consequences of the 
previously evaluated transients and accidents, since other reactor 
protection and engineered safeguards functions are designed to be the 
primary functions that initiate to mitigate these events. These 
functions include the ECCS initiation signals that occur on low-low 
water level and high drywell pressure and the containment isolation 
signals that occur on high steam line flow and low steam line pressure. 
Therefore the consequences of previously evaluated transients and 
accidents are not affected by the proposed changes.

Does the Proposed Change Create the Possibility of a New or 
Different Kind of Accident From Any Accident Previously Evaluated?

    The proposed change to reduce the allowable value for the vessel 
water level--low scram and isolation functions does not involve a plant 
equipment change or affect the purpose of the scram and isolation 
functions. Therefore the proposed change does not result in the 
possibility of a new or different kind of accident.

Does the Proposed Change Involve a Significant Reduction in a 
Margin of Safety?

    Reducing the allowable value for the vessel water level--low scram 
and isolation functions does not affect the consequences of the 
previously evaluated transients and accidents, since other reactor 
protection and engineered safeguards functions are designed to be the 
primary functions that initiate to mitigate these events. These 
functions include the ECCS initiation signals that occur on low-low 
water level and high drywell pressure and the containment isolation 
signals that occur on high steam line flow and low steam line pressure. 
All of the results of these analyses remain within the required 
acceptance criteria. Therefore, the margin of safety is not reduced for 
any event evaluated.
    The NRC staff has reviewed the licensee's 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. Documents may 
be examined, and/or copied for a fee, at the NRC's Public Document 
Room, located at One White Flint North, 11555 Rockville Pike (first 
floor), Rockville, Maryland.
    The filing of requests for hearing and petitions for leave to 
intervene is discussed below.
    By July 6, 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. Publicly available records will be accessible electronically 
from the Agencywide Documents Access and Management Systems (ADAMS) 
Public Electronic Reading Room on the internet at the NRC Web site, 
http://www.nrc.gov/NRC/ADAMS/index.html. If you do not have access to 
ADAMS or if there are problems in accessing the documents located in 
ADAMS, contact the NRC Public Document Room (PDR) Reference staff at 1-
800-397-4209, 301-415-4737 or by email to <a href="/cdn-cgi/l/email-protection#8cfce8fecce2feefa2ebe3fa"><span class="__cf_email__" data-cfemail="ddadb9af9db3afbef3bab2ab">[email protected]</span></a>. 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 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

[[Page 30492]]

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, 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, 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 Mr. 
Robert Helfrich, Senior Counsel, Nuclear, Mid-West Regional Operating 
Group, Exelon Generation Company, LLC, 1400 Opus Place, Suite 900, 
Downers Grove, Illinois, 60515, 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 February 22, 2001, as supplemented by 
letter dated May 4, 2001, 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. 
Publicly available records will be accessible from the Agencywide 
Documents Access and Management Systems (ADAMS) Public Electronic 
Reading Room on the internet at the NRC Web site, http://www.nrc.gov/NRC/ADAMS/index.html. If you do not have access to ADAMS or if there 
are problems in accessing the documents located in ADAMS, contact the 
NRC Public Document Room (PDR) Reference staff at 1-800-397-4209, 301-
415-4737 or by email to <a href="/cdn-cgi/l/email-protection#65150117250b17064b020a13"><span class="__cf_email__" data-cfemail="aedecadceec0dccd80c9c1d8">[email protected]</span></a>. 

    Dated at Rockville, Maryland, this 31st day of May, 2001.

    For the Nuclear Regulatory Commission.
Stewart N. Bailey,
Project Manager, Section 2, Project Directorate III, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 01-14268 Filed 6-5-01; 8:45 am]
BILLING CODE 7590-01-P


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