[Federal Register Volume 70, Number 183 (Thursday, September 22, 2005)]
[Notices]
[Pages 55633-55634]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18918]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-244]


R.E. Ginna Nuclear Power Plant, LLC, R.E. Ginna Nuclear Power 
Plant; 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-18, issued to R.E. Ginna Nuclear Power Plant, LLC (the licensee), 
for operation of the R.E. Ginna Nuclear Power Plant (Ginna) located in 
Wayne County, New York.
    The proposed amendment would revise the facility operating license 
and technical specifications (TSs) to authorize an increase in the 
maximum steady-state thermal power level at Ginna from 1520 megawatts 
thermal (MWt) to 1775 MWt, which is a 16.8 percent increase. This 
increase in power level is generally referred to as an extended power 
uprate. Specifically, the proposed amendment would change the TSs to 
revise: (1) The Definition of Rated Thermal Power (RTP), (2) the RTP 
for the Required Action for Condition O in Limiting Condition for 
Operation (LCO) 3.3.1, ``Reactor Trip System,'' (3) the Power Range 
Neutron Flux--High Limiting Safety System Setting, (4) the Reactor Trip 
System Interlocks--Power Range Neutron Flux, P-8 Limiting Safety System 
Setting, (5) the RTP reference in Table 3.3.1-1, Footnote (h), (6) the 
Steam Line Isolation High Steam Flow Limiting Safety System Setting, 
(7) the Steam Line Isolation High--High Steam Flow Limiting Safety 
System Setting, (8) decrease the upper lift setting in LCO 3.4.10, 
``Pressurizer Safety Valves,'' (9) the required volume in surveillance 
requirement (SR) 3.7.6.1 for TS 3.7.6, ``Condensate Storage Tanks 
(CSTs).'' In addition, the proposed amendment would change the TSs to 
provide margin improvement, but are not part of the extended power 
uprate (EPU), to revise: (1) The Safety Injection Pressurizer 
Pressure--Low Limiting Safety System Setting, (2) the Containment Spray 
Containment Pressure--High High Limiting Safety System Settings for 
narrow range and wide range, and (3) the Steam Line Isolation 
Coincident with Tavg-Low Limiting Safety System Setting. The proposed 
amendment also includes a change to the licensing basis for control 
room dose for the loss-of-coolant accident and the rod ejection 
accident dose consequences because of the EPU conditions.
    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.
    Within 60 days after the date of publication of this notice, 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 2.309, which is available at the 
Commission's public document room (PDR), located at One White Flint 
North, Public File Area 01F21, 11555 Rockville Pike (first floor), 
Rockville, Maryland. Publicly available records will be accessible from 
the Agencywide Documents Access and Management System's (ADAMS) Public 
Electronic Reading Room on the Internet at the NRC Web site, http://www.nrc.gov/reading-rm/doc-collections/cfr/. If a request for a hearing 
or petition for leave to intervene is filed by the above date, the 
Commission or a presiding officer designated by the Commission or by 
the Chief Administrative Judge of the Atomic Safety and Licensing Board 
Panel, will rule on the request and/or petition; and the Secretary or 
the Chief Administrative Judge of the Atomic Safety and Licensing Board 
will issue a notice of a hearing or an appropriate order.
    As required by 10 CFR 2.309, a petition for leave to intervene 
shall set forth with particularity the interest of the petitioner/
requestor 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 general requirements: (1) The name, address 
and telephone number of the requestor or petitioner; (2) the nature of 
the requestor's/petitioner's right under the Act to be made a party to 
the proceeding; (3) the nature and extent of the requestor's/
petitioner's property, financial, or other interest in the proceeding; 
and (4) the possible effect of any decision or order which may be 
entered in the proceeding on the requestor's/petitioner's interest. The 
petition must also identify the specific contentions which the 
petitioner/requestor seeks to have litigated at the proceeding.
    Each contention must consist of a specific statement of the issue 
of law or fact to be raised or controverted. In addition, the 
petitioner/requestor shall provide a brief explanation of the basis for 
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. The 
petition must include 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/requestor to relief. A petitioner/
requestor who fails to satisfy these requirements with respect to at 
least one contention will not be permitted to participate as a party.

[[Page 55634]]

    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.
    Nontimely requests and/or petitions and contentions will not be 
entertained absent a determination by the Commission or the presiding 
officer of the Atomic Safety and Licensing Board that the petition, 
request and/or the contentions should be granted based on a balancing 
of the factors specified in 10 CFR 2.309(c)(1)(i)-(viii).
    A request for a hearing or a petition for leave to intervene must 
be filed by: (1) First class mail addressed to the Office of the 
Secretary of the Commission, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, Attention: Rulemaking and Adjudications 
Staff; (2) courier, express mail, and expedited delivery services: 
Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and 
Adjudications Staff; (3) E-mail addressed to the Office of the 
Secretary, U.S. Nuclear Regulatory Commission, <a href="/cdn-cgi/l/email-protection#7a323f3b2833343d3e3539313f2e3a342839543d352c"><span class="__cf_email__" data-cfemail="e8a0ada9baa1a6afaca7aba3adbca8a6baabc6afa7be">[email protected]</span></a>; 
or (4) facsimile transmission addressed to the Office of the Secretary, 
U.S. Nuclear Regulatory Commission, Washington, DC, Attention: 
Rulemakings and Adjudications Staff at (301) 415-1101, verification 
number is (301) 415-1966. A copy of the request for hearing and 
petition for leave to intervene should also be sent to the Office of 
the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, and it is requested that copies be transmitted either by 
means of facsimile transmission to 301-415-3725 or by e-mail to 
<a href="/cdn-cgi/l/email-protection#9fd0d8dcd2fef6f3dcfaf1ebfaeddff1edfcb1f8f0e9"><span class="__cf_email__" data-cfemail="c78880848aa6aeab84a2a9b3a2b587a9b5a4e9a0a8b1">[email protected]</span></a>. A copy of the request for hearing and petition 
for leave to intervene should also be sent to Mr. Daniel F. Stenger, 
Ballard Spahr Andrews & Ingersoll, LLP, 601 13th Street, NW., Suite 
1000 South, Washington, DC 20005, attorney for the licensee.
    For further details with respect to this action, see the 
application for amendment dated July 7, 2005, as supplemented on August 
15, 2005, which are available for public inspection at the Commission's 
PDR, located at One White Flint North, Public File Area O1 F21, 11555 
Rockville Pike (first floor), Rockville, Maryland. Publicly available 
records will be accessible electronically from the ADAMS Public 
Electronic Reading Room on the Internet at the NRC Web site, http://www.nrc.gov/reading-rm/adams.html. Persons who do not have access to 
ADAMS or who encounter problems in accessing the documents located in 
ADAMS, should contact the NRC PDR Reference staff by telephone at 1-
800-397-4209, 301-415-4737, or by e-mail to <a href="/cdn-cgi/l/email-protection#87f7e3f5c7e9f5e4a9e0e8f1"><span class="__cf_email__" data-cfemail="2f5f4b5d6f415d4c01484059">[email protected]</span></a>.

    Dated at Rockville, Maryland, this 15th day of September 2005.

    For the Nuclear Regulatory Commission.
Patrick D. Milano, Sr.,
 Project Manager, Section 1, Project Directorate I, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 05-18918 Filed 9-21-05; 8:45 am]
BILLING CODE 7590-01-P


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