[Federal Register Volume 60, Number 250 (Friday, December 29, 1995)]
[Notices]
[Pages 67366-67368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-31480]



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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-295 and 50-304]


Commonwealth Edison Company; Notice of Consideration of Issuance 
of Amendments to Facility Operating Licenses and Opportunity for a 
Hearing

    The U.S. Nuclear Regulatory Commission (the Commission) is 
considering issuance of amendments to Facility Operating License Nos. 
DPR-39 and DPR-48, issued to Commonwealth Edison Company (ComEd, the 
licensee), for operation of the Zion Nuclear Power Station, Units 1 and 
2, located in Lake County, Illinois.
    The proposed amendments, requested by the licensee in its letter of 
November 3, 1995, as supplemented on November 22, 1995, would represent 
a full conversion from the current Technical Specifications (TS) to a 
set of TS based on NUREG-1431, ``Standard Technical Specifications, 
Westinghouse Plants,'' September 1992. NUREG-1431 has been developed 
through working groups composed of both NRC staff members and 
Westinghouse owners and has been endorsed by the staff as part of an 
industry-wide initiative to standardize and improve TS. As part of this 
submittal, the licensee has applied the criteria contained in the NRC 
Final Policy Statement on Technical Specification Improvement for 
Nuclear Power Reactors (58 FR 39132, dated 7/22/93) to the current Zion 
Nuclear Power Station TS.
    The licensee has categorized the proposed changes into four general 
groupings. These groupings are characterized as relocated requirements, 
administrative changes, less restrictive changes involving deletion of 
requirements, and more restrictive changes.

``R''--Relocation of Requirements

    Relocating requirements that do not meet the TS criteria, to 
documents with an established control program, allows the TS to be 
reserved only for those conditions or limitations upon reactor 
operation that are necessary to 

[[Page 67367]]
adequately limit the possibility of an abnormal situation or event 
giving rise to an immediate threat to the public health and safety, 
thereby focusing the scope of TS.
    Therefore, requirements that do not meet the TS criteria in the NRC 
Final Policy Statement on Technical Specification Improvement for 
Nuclear Power Reactors have been relocated to other 10 CFR 50.59 
controlled documents. This policy statement addresses the scope and 
purpose of TS. In doing so, it establishes a specific set of objective 
criteria for determining which regulatory requirements and operating 
restrictions should be included in the TS. These criteria are as 
follows:
    Criterion 1: Installed instrumentation that is used to detect and 
indicate in the control room, a significant abnormal degradation of the 
reactor coolant pressure boundary;
    Criterion 2: A process variable that is an initial condition of a 
design basis accident (DBA) or transient analyses that either assumes 
the failure of or presents a challenge to the integrity of a fission 
product barrier;
    Criterion 3: A structure, system or component that is part of the 
primary success path and which functions or actuates to mitigate a 
design basis accident or transient that either assumes the failure of 
or presents a challenge to the integrity of a fission barrier;
    Criterion 4: A structure, system or component which operating 
experience or probabilistic safety assessment has shown to be 
significant to public health and safety.
    The application of these criteria is provided in the ``Application 
of Selection Criteria to the Zion Technical Specifications.'' 
Requirements which met the criteria have been included in the proposed 
improved TS. ComEd proposes to remove the requirements which do not 
meet the criteria from the TS and relocate the requirements to a 
suitable owner controlled document. The requirements in the relocated 
Specifications will not be affected by this TS change. ComEd will 
initially continue to perform the required operation and maintenance to 
assure that the requirements are satisfied. Relocating specific 
requirements for systems or variables will have no impact on the 
system's operability or the variable's maintenance, as applicable. 10 
CFR 50.59 will be utilized as the control mechanism for the relocated 
Specifications as they will be placed in plant procedures or other 
controlled documents governed by 10 CFR 50.59. This would allow ComEd 
to make changes to these requirements, without NRC approval, if the 
change does not involve an unreviewed safety question. These controls 
are considered adequate for assuring structures, systems and components 
in the relocated specifications are maintained operable and variables 
in the relocated specifications are maintained within limits.

``A''--Administrative Changes to Requirements

    Reformatting and rewording the remaining requirements in accordance 
with the style of the improved Westinghouse Standard Technical 
Specifications in NUREG-1431 will make the TS more readily 
understandable to plant operators and other users. Application of the 
format and style will also assure consistency is achieved between 
specifications. As a result, the reformatting and rewording of the TS 
has been performed to make them more readily understandable by plant 
operators and other users. During this reformatting and rewording 
process, no technical changes (either actual or interpretational) to 
the TS were made unless they were identified and justified.

``LA''--Less Restrictive, Administrative Deletion of Requirements

    Portions of some specifications provide information that is 
descriptive in nature regarding the equipment, system(s), actions or 
surveillances. This information is proposed to be deleted from the 
specification and moved to the proposed Bases, Updated Final Safety 
Analysis Report (UFSAR), or procedures. The removal of descriptive 
information to the Bases of the TS, UFSAR or procedures is permissible, 
because the Bases, UFSAR or procedures will be controlled through a 
process which utilizes 10 CFR 50.59. This will not impact the actual 
requirements but may provide some flexibility and how the requirement 
is conducted. Therefore, the descriptive information that has been 
moved continues to be maintained in an appropriately controlled manner.

``M''--More Restrictive Changes to Requirements

    The Zion TS are proposed to be modified in some areas to impose 
more stringent requirements than previously identified. These more 
restrictive modifications are being imposed to be consistent with the 
improved Westinghouse Standard TS. Such changes have been made after 
ensuring the previously evaluated safety analysis was not affected. 
Also, other more restrictive technical changes have been made to 
achieve consistency, correct discrepancies, and remove ambiguities from 
the specification.
    The modifying of the Zion TS and the changes made to achieve 
consistency within the specifications have been performed in a manner 
such that the most stringent requirements are imposed, except in cases 
which are individually evaluated.
    Before issuance of the proposed license amendments, the Commission 
will have made findings required by the Atomic Energy Act of 1954, as 
amended (the Act) and the Commission's regulations.
    By January 29, 1996, the licensee may file a request for a hearing 
with respect to issuance of the amendments to the subject facility 
operating licenses 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, the Gelman 
Building, 2120 L Street, NW., Washington, DC, and at the local public 
document room located at the Waukegan Public Library, 128 N. County 
Street, Waukegan, Illinois 60085. 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 

[[Page 67368]]
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 fifteen (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 fifteen (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 amendments 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, Attention: Docketing and Services 
Branch, or may be delivered to the Commission's Public Document Room, 
the Gelman Building, 2120 L Street, NW., Washington, DC, by the above 
date. Where petitions are filed during the last ten (10) days of the 
notice period, it is requested that the petitioner promptly so inform 
the Commission by a toll-free telephone call to Western Union at 1-
(800) 248-5100 (in Missouri 1-(800) 342-6700). The Western Union 
operator should be given Datagram Identification Number N1023 and the 
following message addressed to Robert A. Capra, Director, Project 
Directorate III-2: petitioner's name and telephone number; date 
petition was mailed; plant name; and publication date and page number 
of this Federal Register notice. A copy of the petition should also be 
sent to the Office of the General Counsel, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555, and to Michael I. Miller, Esquire; 
Sidley and Austin, One First National Plaza, Chicago, Illinois 60690, 
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 amendments dated November 3, 1995, as supplemented on 
November 22, 1995, which are available for public inspection at the 
Commission's Public Document Room, the Gelman Building, 2120 L Street, 
NW., Washington, DC, and at the local public document room located at 
the Waukegan Public Library, 128 N. County Street, Waukegan, Illinois 
60085.

    Dated at Rockville, Maryland, this 22nd day of December 1995.

    For the Nuclear Regulatory Commission.
Robert A. Capra,
Director, Project Directorate III-2, Division of Reactor Projects--III/
IV, Office of Nuclear Reactor Regulation.
[FR Doc. 95-31480 Filed 12-28-95; 8:45 am]
BILLING CODE 7590-01-P