[Federal Register Volume 68, Number 175 (Wednesday, September 10, 2003)]
[Notices]
[Pages 53401-53402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-23019]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-237 and 50-249]
Exelon Generation Company, LLC; Notice of Consideration of
Issuance of Amendment 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 No.
DPR-19 and DPR-25 issued to Exelon Generation Company, LLC (EGC, the
licensee) for operation of the Dresden Nuclear Power Station (DNPS),
Units 2 and 3, located in Grundy County, Illinois.
The proposed amendment would allow the licensee to revise the
Updated Final Safety Analysis Report to use the reactor building crane
for heavy loads up to a total of 117 tons for removal and
reinstallation activities for the reactor shield blocks prior to and
during the Units 2 outage D2R18.
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.
The Commission has made a proposed determination that the amendment
request involves no significant hazards consideration. Under the
Commission's regulations in Title 10 of the Code of Federal Regulations
(10 CFR), Sec. 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. The proposed changes do not involve a significant increase in
the probability or consequences of an accident previously evaluated.
The current DNPS licensing basis does not consider a load drop
accident involving the reactor building crane as a credible event
for loads up to and including 110 tons. The proposed changes will
allow use of the reactor building crane at DNPS during power
operations to lift heavy loads up to 117 tons for removal and
installation activities for the reactor shield blocks prior to and
during the Unit 2 refueling outage (i.e., D2R18). The reactor
building crane has additional margin for a total lifted load of 117
tons with single failure proof features if a Design Basis Earthquake
(DBE) is not assumed. The licensee has qualitatively demonstrated
that the probability of a DBE occurring during the limited 24 hour
duration of the request is very small. The probability of load drop
accidents is not increased since the single-failure proof capacity
of the reactor building crane exceeds the weight of the reactor
shield blocks, assuming that no DBE occurs. Since no load drop is
assumed to occur, the consequences of a load drop accident are not
affected. Therefore, the proposed changes do not involve a
significant increase in the probability or consequences of an
accident previously evaluated.
2. The proposed changes do not create the possibility of a new
or different kind of accident from any accident previously
evaluated.
The proposed changes allow use of the DNPS reactor building
crane for a limited duration to lift heavy loads up to a total of
117 tons during removal and installation activities for the reactor
shield blocks. The reactor building crane has additional margin for
a lifted load of 117 tons with single failure-proof features if a
DBE is not assumed. The probability of a DBE during the limited
duration of the request is very small. Therefore, the single
failure-proof features ensure that the proposed changes provide an
equivalent level of safety and will not create the possibility of a
new or different kind of accident from any accident previously
evaluated.
3. The proposed changes do not involve a significant reduction
in a margin of safety.
The reactor building crane is rated for lifting loads up to 125
tons. The NRC has approved qualification of the DNPS reactor
building crane as single failure-proof for loads of up to 110 tons.
The proposed change allows use of the crane for a limited duration
to lift loads up to 117 tons. Existing safety margins are enhanced
when lifting loads up to 117 tons if a DBE is not assumed, and EGC
has demonstrated that the probability of a DBE during the limited
duration of the request is very small. Therefore, it is concluded
that the proposed changes do not involve a significant reduction in
the 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 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 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, located at One White Flint North, Public File Area O1 F21, 11555
Rockville Pike (first floor), Rockville, Maryland.
The filing of requests for hearing and petitions for leave to
intervene is discussed below.
By October 10, 2003, 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, located at One
White Flint North, 11555 Rockville Pike
[[Page 53402]]
(first floor), Rockville, Maryland, or electronically on the Internet
at the NRC Web site http://www.nrc.gov/reading-rm/doc-collections/cfr/.
If there are problems in accessing the document, contact the Public
Document Room Reference staff at 1-800-397-4209, 301-415-4737, or by e-
mail to [email protected]. 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 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
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 20555-0001, Attention: Rulemakings and
Adjudications Staff, or may be delivered to the Commission's Public
Document Room (PDR), located at One White Flint North, Public File Area
O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland, by the
above date. Because of the continuing disruptions in delivery of mail
to United States Government offices, it is requested that petitions for
leave to intervene and requests for hearing be transmitted to the
Secretary of the Commission either by means of facsimile transmission
to 301-415-1101 or by e-mail to [email protected]. A copy of the
petition for leave to intervene and request for hearing should also be
sent to the Office of the General Counsel, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, and because of continuing
disruptions in delivery of mail to United States Government offices, it
is requested that copies be transmitted either by means of facsimile
transmission to 301-415-3725 or by e-mail to [email protected]. A
copy of the request for hearing and petition for leave to intervene
should also be sent to Senior Counsel, Nuclear; Exelon Generation
Company, LLC; 4300 Winfield Road; Warrenville, IL 60555; 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 August 29, 2003, which is available for
public inspection at the Commission's PDR, located at One White Flint
North, File Public Area O1 F21, 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/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 [email protected].
Dated at Rockville, Maryland, this 4th day of September, 2003.
For the Nuclear Regulatory Commission.
Maitri Banerjee,
Project Manager, Section 2, Project Directorate III, Division of
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 03-23019 Filed 9-9-03; 8:45 am]
BILLING CODE 7590-01-P