17590 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices

Employee Benefit Capital Preservation

Fund of Central Fidelity National Bank

(the Fund) Located in Richmond,

Virginia

[Prohibited Transaction Exemption 95–30;

Exemption Application No. D–09905]

Exemption

The restrictions of sections 406(a),

406(b)(1) and (b)(2) of the Act and the

sanctions resulting from the application

of section 4975 of the Code by reason of

section 4975(c)(1)(A) through (E) of the

Code shall not apply to the past sale by

the Fund of three Guaranteed Income

Contracts (the GICs) of Confederation

Life Insurance Company to Central

Fidelity Bank, Inc., a party in interest

with respect to the Fund, provided the

following conditions are satisfied: (1)

the sale was a one-time transaction for

cash; (2) the Fund received no less than

the fair market value of the GICs at the

time of the transaction; (3) the purchase

price was not less than the GICs’

accumulated book values (defined as

total deposits plus interest accrued but

unpaid at the GICs’ stated rates of

interest through the date of sale, less

withdrawals) as of the date of the sale.

For a more complete statement of the

facts and representations supporting the

Department’s decision to grant this

exemption, refer to the notice of

proposed exemption published on

January 30, 1995 at 60 FR 5730.

EFFECTIVE DATE: This exemption is

effective on December 29, 1994.

FOR FURTHER INFORMATION CONTACT: Gary

H. Lefkowitz of the Department,

telephone (202) 219–8881. (This is not

a toll-free number.)

General Information

The attention of interested persons is

directed to the following:

(1) The fact that a transaction is the

subject of an exemption under section

408(a) of the Act and/or section

4975(c)(2) of the Code does not relieve

a fiduciary or other party in interest or

disqualified person from certain other

provisions to which the exemptions

does not apply and the general fiduciary

responsibility provisions of section 404

of the Act, which among other things

require a fiduciary to discharge his

duties respecting the plan solely in the

interest of the participants and

beneficiaries of the plan and in a

prudent fashion in accordance with

section 404(a)(1)(B) of the Act; nor does

it affect the requirement of section

401(a) of the Code that the plan must

operate for the exclusive benefit of the

employees of the employer maintaining

the plan and their beneficiaries;

(2) These exemptions are

supplemental to and not in derogation

of, any other provisions of the Act and/

or the Code, including statutory or

administrative exemptions and

transactional rules. Furthermore, the

fact that a transaction is subject to an

administrative or statutory exemption is

not dispositive of whether the

transaction is in fact a prohibited

transaction; and

(3) The availability of these

exemptions is subject to the express

condition that the material facts and

representations contained in each

application accurately describes all

material terms of the transaction which

is the subject of the exemption.

Signed at Washington, D.C., this 31st day

of March, 1995.

Ivan Strasfeld,

Director of Exemption Determinations,

Pension and Welfare Benefits Administration,

Department of Labor.

[FR Doc. 95–8394 Filed 4–5–95; 8:45 am]

BILLING CODE 4510–29–P

NUCLEAR REGULATORY

COMMISSION

[Docket No. 50–374]

Commonwealth Edison Co.; Notice of

Consideration of Issuance of

Amendment to Facility Operating

License, 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 No. NPF–

18, issued to Commonwealth Edison

Company (the licensee), for operation of

the LaSalle County Station, Unit 2,

located in LaSalle County, Illinois.

The proposed amendment would

revise the safety/relief valve (SRV)

safety function lift setting allowable

tolerance band from (¥3% to +1%) to

(¥3% to +3%) and include as-left SRV

lift setting tolerances of (¥1% to +1%).

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.

Section 50.91(a)(6) of Title 10 of the

Code of Federal Regulations specifies

that the Commission may, where

exigent circumstances exist, allow less

than the 30 days for public comment.

Exigent circumstances have been found

to exist for this proposed amendment.

On March 18, 1995, with LaSalle Unit

2 in a shutdown condition for the

current refueling outage, the licensee

learned that two of the six SRVs tested

had lift settings that were not within the

current tolerance band allowed by the

technical specifications. This resulted in

three additional SRVs being tested and

two additional SRVs found to lift at

pressures slightly outside the existing

tolerance band. The remaining nine

SRVs are required to be tested based on

the current technical specifications.

This testing would involve a significant

financial cost, the collection of

approximately 11 person-rem of

radiation exposure by plant workers,

and a delay in the restart of Unit 2. The

history of the safety relief value testing

at LaSalle is such that the licensee did

not anticipate the immediate need for an

increased tolerance band. However, as

part of a longer range plan to reduce the

number of SRVs and increase the

allowable lift setting tolerances, the

licensee had performed much of the

analyses required to justify the proposed

amendment request. On March 27, 1995,

the licensee decided to expedite the

SRV lift setting technical specification

change for LaSalle Unit 2. The licensee

completed the review and submitted the

request on March 31, 1995. To avoid the

radiation exposures and restart delays

associated with testing the remaining

nine SRVs, the proposed amendment

would need to be issued before April 22,

1995, and therefore the request does not

afford the normal 30-day comment

period.

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

analysts of the issue of no significant

hazards consideration. The staff has

reviewed the licensee’s analysis against

the standards of 10 CFR 50.92(c). The

NRC staff’s review is presented below.

1. The proposed change does not

involve a significant increase in the

probability or consequences of an

accident previously evaluated.

The probability of an accident

previously evaluated will not increase

as a result of this change, because the

only change are the tolerances for the

SRV opening setpoints and the speed of
Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices 17591

the reactor core isolation cooling system

(RCIC) turbine and pump. Changing the

maximum allowable opening setpoint

for the SRVs does not cause any

accident previously evaluated to occur,

or degrade valve or system performance

in any way so as to cause an accident

to occur with an increased frequency. In

addition, the increased speed of the

RCIC turbine and pump are within the

design limits of the system. RCIC

operability and failure probabilities are

not impacted by this change.

The consequences of an ASME

overpressurization event are not

significantly increased and do not

exceed the previously accepted

licensing criteria for this event. GE has

calculated the revised peak vessel

pressure for LaSalle Station to be 1341

psig, which is well below the 1375 psig

criterion of the ASME Code for upset

conditions, referenced in Section 5.2.2,

Overpressurization Protection, of the

Updated Final Safety Analysis Report

(UFSAR), and NUREG–0519 (Safety

Evaluation Report related to the

operation of LaSalle County Station,

Units 1 and 2, March 1981), and Section

15.2–4, Closure of Main Steam Isolation

Valves (BWR) of NUREG–0800

(Standard Review Plan).

GE has also performed an analysis of

the limiting anticipated transient

without scram (ATWS) event, which is

the main steam isolation valve (MSIV)

closure event. This analysis calculated

the peak vessel pressure to be 1457 psig,

which is well below the 1500 psig

criterion of the ASME Code for

emergency conditions.

Per NUREG–0519, listed above,

Section 5.4.1 and Technical

Specification 4.7.3.b, the RCIC pump is

required to develop flow greater than or

equal to 600 gpm in the test flow path

with a system head corresponding to

reactor vessel operating pressure when

steam is supplied to the turbine at 1000

+20, ¥80 psig. Increasing the turbine

and pump speed ensures these criteria

will still be met and the consequences

of an accident will not increase.

Therefore, there is not a significant

increase in the consequences of an

accident previously evaluated.

2. The proposed change does not

create the possibility of a new or

different kind of accident from any

accident previously evaluated.

The only physical changes are to

increase the allowable tolerances for

SRV opening setpoints and to increase

the RCIC pump and turbine speeds.

These changes do not result in any

changed component interactions. The

SRVs and RCIC will still provide the

functions for which they were designed.

Since all of the systems evaluated will

continue to function as intended, the

proposed changes do not create the

possibility of a new or different kind of

accident from any previously evaluated.

3. The proposed change does not

involve a significant reduction in the

margin of safety.

While the calculated peak vessel

pressures for the ASME

overpressurization event and the MSIV

closure ATWS event are larger than that

previously calculated without the

proposed setpoint tolerance increases,

the new peak pressures remain far

below the respective licensing

acceptance limits associated with these

events. These licensing acceptance

limits have been previously evaluated as

providing a sufficient margin of safety.

For other accidents and transients, the

increased setpoint tolerances have a

negligible, if any, effect on the results,

so the margin of safety is preserved.

Based on the 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 15 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

15-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

15-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. 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 May 8, 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 Public

Library of Illinois Valley Community

College, Rural Route No. 1, Oglesby,

Illinois 61348. 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

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
17592 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices

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 the amendment is issued before the

expiration of the 30-day hearing period,

the Commission will make a final

determination on the issue of no

significant hazards consideration. If a

hearing is requested, 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 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, Espire; 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).

For further details with respect to this

action, see the application for

amendment dated March 31, 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 Public Library of Illinois Valley

Community College, Rural Route No. 1,

Oglesby, Illinois 61348.

Dated at Rockville, Maryland, this 4th day

of April 1995.

For the Nuclear Regulatory Commission.

William D. Reckley,

Project Manager, Project Directorate III–2,

Division of Reactor Projects—III/IV, Office of

Nuclear Reactor Regulation.

[FR Doc. 95–8575 Filed 4–5–95; 8:45 am]

BILLING CODE 7590–01–M

[Docket No. 50–416]

Entergy Operations, Inc. (Grand Gulf

Nuclear Station Unit 1); Exemption

I

Entergy Operations, Inc., (the

licensee) is the holder of Facility

Operating License No. NPF–29, which

authorizes operation of the Grand Gulf

Nuclear Station, Unit 1. The operating

license provides, among other things,

that the licensee is subject to all rules,

regulations, and orders of the

Commission now and hereafter in effect.

The facility consists of a boiling water

reactor at the licensee’s site in Claiborne

County, Mississippi.

II

Title 10 CFR 73.55, ‘‘Requirements for

physical protection of licensed activities

in nuclear power reactors against

radiological sabotage,’’ paragraph (a), in

part, states that ‘‘The licensee shall

establish and maintain an onsite

physical protection system and security

organization which will have as its

objective to provide high assurance that

activities involving special nuclear

material are not inimical to the common

defense and security and do not

constitute an unreasonable risk to the

public health and safety.’’

10 CFR 73.55(d), ‘‘Access

Requirements,’’ paragraph (1), specifies

that ‘‘The licensee shall control all

points of personnel and vehicle access

into a protected area.’’ 10 CFR

73.55(d)(5) requires that ‘‘A numbered

picture badge identification system shall

be used for all individuals who are

authorized access to protected areas

without escort.’’ 10 CFR 73.55(d)(5) also

states that an individual not employed

by the licensee (i.e., contractors) may be

authorized access to protected areas

without escort provided the individual

‘‘receives a picture badge upon entrance

into the protected area which must be

returned upon exit from the protected

area * * *’’

The licensee proposed to implement

an alternative unescorted access control

system which would eliminate the need

to issue and retrieve badges at each

entrance/exit location and would allow

all individuals with unescorted access

to keep their badge with them when

departing the site.

An exemption from 10 CFR

73.55(d)(5) is required to allow

contractors who have unescorted access

to take their badges offsite instead of

returning them when exiting the site. By

letter dated October 24, 1994, the

licensee requested an exemption from

certain requirements of 10 CFR

73.55(d)(5) for this purpose.