[Federal Register Volume 70, Number 185 (Monday, September 26, 2005)]
[Notices]
[Pages 56191-56193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19236]



[[Page 56191]]

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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-445]


TXU Generation Company LP; Comanche Peak Steam Electric Station, 
Unit 1; Notice of Consideration of Issuance of Amendment to Facility 
Operating License No. NPF-87 Proposed No Significant Hazards 
Consideration Determination, and Opportunity for a Hearing

    The U.S. Nuclear Regulatory Commission (the Commission) is 
considering issuance of amendment to Facility Operating License No. 
NPF-87, issued to TXU Generation Company LP (the licensee), for 
operation of the Comanche Peak Steam Electric Station (CPSES), Unit 1, 
located in Somervell County, Texas.
    The proposed amendment would revise Technical Specification (TS) 
5.6.5, ``Core Operating Limits Report (COLR),'' by adding topical 
report WCAP-13060-P-A, ``Westinghouse Fuel Assembly Reconstitution 
Evaluation Methodology,'' to the list of NRC approved methodologies to 
be used at CPSES, Unit 1.
    By application dated April 27, 2005, as supplemented by letter 
dated July 20, 2005, the licensee requested the approval of the 
proposed amendment by October 8, 2005. The approval of the proposed 
amendment is needed to permit the licensee to use the reconstitution 
method of fuel assembly repair at CPSES Unit 1. The NRC staff 
inadvertently did not publish a Federal Register notice of 
Consideration of Issuance of Amendments to Facility Operating Licenses, 
and Proposed No Significant Hazards Consideration Determination, in 
time to permit a 30 days period for prior public comment as required by 
Section 50.91 of Title 10 of the Code of Federal Regulations (10 CFR). 
The Commission finds that exigent circumstances exist, in that the 
licensee and the Commission must act quickly and that time does not 
permit the Commission to publish a Federal Register notice allowing 30 
days for prior public comment, and it also determines that the 
amendment involves no significant hazards.
    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.
    Pursuant to 10 CFR 50.91(a)(6) for amendments to be granted under 
exigent circumstances, the NRC staff must determine 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:
    1. Do the proposed changes involve a significant increase in the 
probability or consequences of an accident previously evaluated?
    Response: No.
    The proposed change is administrative in nature and as such does 
not impact the condition or performance of any plant structure, system 
or component. The core operating limits are established to support 
Technical Specifications 3.1, 3.2, 3.3, 3.4, and 3.9. The core 
operating limits ensure that fuel design limits are not exceeded during 
any conditions of normal operation or in the event of any Anticipated 
Operational Occurrence (AOO). The methods used to determine the core 
operating limits for each operating cycle are based on methods 
previously found acceptable by the NRC and listed in TS section 
5.6.5.b. Application of these approved methods will continue to ensure 
that acceptable operating limits are established to protect the fuel 
cladding integrity during normal operation and AOOs. The requested 
Technical Specification change does not involve any plant modifications 
or operational changes that could affect system reliability, 
performance, or possibility of operator error. The requested change 
does not affect any postulated accident precursors, does not affect any 
accident mitigation systems, and does not introduce any new accident 
initiation mechanisms.
    As a result, the proposed change to the CPSES Technical 
Specifications does not involve any increase in the probability or the 
consequences of any accident or malfunction of equipment important to 
safety previously evaluated since neither accident probabilities nor 
consequences are being affected by this proposed administrative change.
    2. Do the proposed changes create the possibility of a new or 
different kind of accident from any accident previously evaluated?
    Response: No.
    The proposed change is administrative in nature, and therefore does 
not involve any change in station operation or physical modifications 
to the plant. In addition, no changes are being made in the methods 
used to respond to plant transients that have been previously analyzed. 
No changes are being made to plant parameters within which the plant is 
normally operated or in the setpoints, which initiate protective or 
mitigative actions, and no new failure modes are being introduced.
    Therefore, the proposed administrative change to the CPSES 
Technical Specifications does not create the possibility of a new or 
different kind of accident or malfunction of equipment important to 
safety from any accident previously evaluated.
    3. Do the proposed changes involve a significant reduction in a 
margin of safety?
    Response: No.
    The proposed change is administrative in nature and does not impact 
station operation or any plant structure, system or component that is 
relied upon for accident mitigation. Furthermore, the margin of safety 
assumed in the plant safety analysis is not affected in any way by the 
proposed administrative change.
    Therefore, the proposed change to the CPSES Technical 
Specifications does not involve any reduction in a margin of safety.
    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 14 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 14-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 14-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

[[Page 56192]]

the Commission take this action, it will publish in the Federal 
Register a notice of 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 
(PDR), 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.
    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 and Issuance of Orders'' in 10 CFR part 2. 
Interested persons should consult a current copy of 10 CFR 2.309, which 
is available at the Commission's 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 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 bases 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/requestor must also provide references to those specific 
sources and documents of which the petitioner/requestor is aware and on 
which the petitioner/requestor intends to rely to establish those facts 
or expert opinion. The petitioner/requestor 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 amendments 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.
    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.
    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.
    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#84ccc1c5d6cdcac3c0cbc7cfc1d0c4cad6c7aac3cbd2"><span class="__cf_email__" data-cfemail="ace4e9edfee5e2ebe8e3efe7e9f8ece2feef82ebe3fa">[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#115e56525c70787d52747f657463517f63723f767e67"><span class="__cf_email__" data-cfemail="fab5bdb9b79b9396b99f948e9f88ba948899d49d958c">[email protected]</span></a>. A copy of the request for hearing and petition 
for leave to intervene should also be sent to George L. Edgar, Esq., 
Morgan, Lewis and Bockius, 1800 M Street, NW., Washington, DC 20036, 
attorney for the licensee.
    For further details with respect to this action, see the 
application for amendments dated April 27, 2005, and supplement dated 
July 20, 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/

[[Page 56193]]

reading-rm.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#a6d6c2d4e6c8d4c588c1c9d0"><span class="__cf_email__" data-cfemail="e8988c9aa8869a8bc68f879e">[email protected]</span></a>.

    Dated at Rockville, Maryland, this 21st day of September 2005.

    For the Nuclear Regulatory Commission.
Mohan C. Thadani,
Senior Project Manager, Section 1, Project Directorate IV, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 05-19236 Filed 9-23-05; 8:45 am]
BILLING CODE 7590-01-P


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