Federal Register / Vol. 60, No. 45 / Wednesday, March 8, 1995 / Notices 12791

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

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 a

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 no

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, 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 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 Ledyard

B. Marsh: 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 Jay E. Silbert, Esquire,

Shaw, Pittman, Potts and Trowbridge,

2300 N Street NW., Washington, DC

20037, 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 24, 1995,

which is 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 Calvert County Library, Prince

Frederick, Maryland 20678.

Dated at Rockville, Maryland this 1st day

of March 1995.

For the Nuclear Regulatory Commission.

Daniel G. McDonald,

Senior Project Manager, Project Directorate

I–1, Division of Reactor Projects—I/II, Office

of Nuclear Regulation.

[FR Doc. 95–5611 Filed 3–7–95; 8:45 am]

BILLING CODE 7590–01–M

[Docket Nos. 50–369 and 50–370]

Duke Power Co.; Issuance of

Amendments to Facility Operating

Licenses, Proposed No Significant

Hazards Consideration Determination,

and Opportunity for a Hearing

The U.S. Nuclear Regulatory

Commission (the Commission) is

considering issuance of an amendment

to Facility Operating License Nos. NPF–

9 and NPF–17 issued to Duke Power

Company (the licensee) for operation of

the McGuire Nuclear Station, Units 1

and 2, located in Mecklenburg County,

North Carolina.

The proposed amendments would

revise Technical Specifications (TS)

3.8.2.1 and 3.8.3.1 to allow installation

of a modification to replace the battery,

main and tie breakers in response to an

Electrical Distribution Systems

Functional Inspection (EDSFI),

conducted by the NRC in July 1991. The

existing breaker arrangement could

result in a trip of both the battery and

main breakers if a fault occurs on one

of the 125 VDC panelboards. The

licensee committed to have these

breakers replaced in 1995 with a better

coordinated design to eliminate the

concern.

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.

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
12792 Federal Register / Vol. 60, No. 45 / Wednesday, March 8, 1995 / Notices

hazards consideration, which is

presented below:

Criterion 1

Operation of the facility in accordance

with the requested amendments will not

involve a significant increase in the

probability or consequences of an accident

previously evaluated. At no point during this

temporary modification is power lost to the

DC and AC panelboards. A normal plant

procedure is used to transfer power for the

AC panelboards back and forth between their

inverters and their alternate regulated AC

power supplies (1KRP and 2KRP). All inputs

to the DC channel trouble alarm except those

from the associated DC and AC panelboard

undervoltage relays will be blocked during

the 112 hour temporary modification period

so that an undervoltage condition on any of

the DC and AC panelboards this period will

be detected immediately. Temporary cabling

will satisfy cable separation criteria.

Temporary cables and breakers meet all

applicable safety class 1E and seismic

requirements. There will be no degradation

of distribution centers and panelboards as a

result of temporary breakers being installed

in them.

Criterion 2

Operation of the facility in accordance

with the requested amendments will not

create the possibility of a new or different

kind of accident from any accident

previously evaluated. The proposed TS

changes will not create the possibility for an

accident or malfunction of a different type

that any previously evaluated. No new failure

modes are being created by the proposed TS

changes.

Criterion 3

Operation of the facility in accordance

with the requested amendments will not

involve a significant reduction in a margin of

safety. The proposed TS changes will not

reduce the margin of safety as described in

the bases for any Technical Specifications.

The bases for Tech. Specs. 3/4.8.2 and 3/4.8.3

(minimum specified independent and

redundant A.C. and D.C. power sources and

distribution systems to supple safety-related

equipment for safe shutdown and mitigation/

control of accident conditions) will not be

impacted by these proposed TS changes. The

proposed TS changes will not reduce the

margin of safety since the temporary cables

and breakers meet all applicable safety class

1E and seismic requirements. The use of

temporary cables and breakers to facilitate

the de-energization of a vital bus and

connection of its loads to its same train vital

bus for breaker replacement does not

technically violate the applicable technical

specifications since the intent of these

technical specifications is to have

uninterrupted power to the loads normally

connected to this de-energized bus.

Instrumentation during the temporary

modification period remains valid to

immediately detect an undervoltage

condition in the affected DC and AC

panelboards.

Based on the preceding analyses, Duke

Power concludes that the requested

amendments do not involve a significant

hazards consideration.

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 Rules Review and

Directives Branch, Division of Freedom

of Information and Publications

Services, Office of Administration, U.S.

Nuclear Regulatory Commission,

Washington, DC 20555, and should cite

the publication date and page number of

this Federal Register notice. Written

comments may also be delivered to

Room 6D22, Two White Flint North,

11545 Rockville Pike, Rockville,

Maryland, from 7:30 a.m. to 4:15 p.m.

Federal workdays. Copies of written

comments received may be examined at

the NRC Public Document Room, the

Gelman Building, 2120 L Street NW.,

Washington, DC.

The filing of requests for hearing and

petitions for leave to intervene is

discussed below.

By April 7, 1995, 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, the Gelman

Building, 2120 L Street NW.,

Washington, DC, and at the local public

document room located at the Atkins

Library, University of North Carolina,

Charlotte (UNCC Station), North

Carolina. 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
Federal Register / Vol. 60, No. 45 / Wednesday, March 8, 1995 / Notices 12793

1 15 U.S.C. 78s(b)(1) (1988).

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

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-examines

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, 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 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 Herbert

N. Berkow: petitioner’s name and

telephone number, date petition was

mailed, plant name, and publication

data 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 Mr. Albert Carr, Duke

Power Company, 422 South Church

Street, Charlotte, North Carolina,

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 23, 1995,

which is 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 Atkins Library, University of North

Carolina, Charlotte (UNCC Station),

North Carolina.

Dated at Rockville, Maryland, this 3rd day

of March 1995.

For the Nuclear Regulatory Commission.

Victor Nerses,

Senior Project Manager, Project Directorate

II–3, Division of Reactor Projects—I/II, Office

of Nuclear Reactor Regulation.

[FR Doc. 95–5610 Filed 3–7–95; 8:45 am]

BILLING CODE 7590–01–M

[Docket Nos. 50–352 and 50–353]

Philadelphia Electric Co.; Notice of

Withdrawal of Application for

Amendment to Facility Operating

Licenses

The U.S. Nuclear Regulatory

Commission (the Commission) has

granted the request of Philadelphia

Electric Company (the licensee) to

withdraw its August 25, 1993,

application for proposed amendment to

Facility Operating License Nos. NPF–39

and NPF–85, for the Limerick

Generating Station, Units 1 and 2,

respectively, located in Montgomery

County, Pennsylvania.

The proposed amendment would

have revised the Technical Specification

Surveillance Requirement 4.5.1 to

reduce the frequency for venting the

Emergency Core Cooling System (ECCS)

piping from once every 31 days to once

every 6 months.

The Commission had previously

issued a Notice of Consideration of

Issuance of Amendment published in

the Federal Register on September 29,

1993 (58 FR 50972). However, by letter

dated December 21, 1994, the licensee

withdrew the proposed change.

For further details with respect to this

action, see the application for

amendment dated August 25, 1993, and

the licensee’s letter dated December 21,

1994, which withdrew the application

for license amendment. The above

documents 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 Pottstown Public Library,

500 High Street, Pottstown,

Pennsylvania 19464.

Dated at Rockville, Maryland, this 21st day

of February 1995.

For the Nuclear Regulatory Commission.

Frank Rinaldi,

Project Manager, Project Directorate I–2,

Division of Reactor Projects—I/II, Office of

Nuclear Reactor Regulation.

[FR Doc. 95–5614 Filed 3–7–95; 8:45 am]

BILLING CODE 7590–01–M

SECURITIES AND EXCHANGE

COMMISSION

[Release No. 34–35422; File No. SR–BSE–

95–05]

Self-Regulatory Organizations; Boston

Stock Exchange, Inc.; Notice of Filing

of Proposed Rule Change Relating to

Implementation of a Three-Day

Settlement Standard

February 28, 1995.

Pursuant to Section 19(b)(1) of the

Securities Exchange Act of 1934

(‘‘Act’’),1 notice is hereby given that on

February 21, 1995, the Boston Stock

Exchange, Incorporated (‘‘BSE’’) filed

with the Securities and Exchange

Commission (‘‘Commission’’) a

proposed rule change as described in

Items I, II, and III below, which items

have been prepared by BSE. The

Commission is publishing this notice to

solicit comments on the proposed rule

change from interested persons.

I. Self-Regulatory Organization’s

Statement of the Terms of Substance of

the Proposed Rule Change

BSE proposes to modify its rules to

implement a three business day

settlement standard for securities

transactions.