ML20128P695

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Notice of Consideration of Issuance of Amend to License NPF-17 & Proposed NSHC Determination & Opportunity for Hearing Re 840123 Request,Changing Spent Fuel Pool Storage Capacity Listed in Tech Spec 5.6 to 1,276 Fuel Assemblies
ML20128P695
Person / Time
Site: 05000000, Summer
Issue date: 06/25/1984
From: Adensam E
Office of Nuclear Reactor Regulation
To:
Shared Package
ML20127A737 List:
References
FOIA-84-794 NUDOCS 8506030613
Download: ML20128P695 (18)


Text

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'7590-01

.g UNITED STATES NUCLEAR REGULATORY COMMISSION SOUTH CAROLINA ELECTRIC & GAS COMPANY AND SOUTH CAROLINA PUBLIP. SERVICE AUTHORITY DOCKET NO. 50-395 NOTICE-0F-CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE AND PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION AND OPPORTUNITY.FOR HEARING The U.S. Nuclear Regulatory Commission (the Comission) is considering issuance of-an amendment to Facility Operating License No. NPF-12,lissued to South Carolina Electric & Gas Company and South Carolina Public Service Authority (the licensee), for operation of the Virgil C. Sumer Nuclear Station,.

Unit 1,. located in Fairfield County, South Carolina.

The amendment would change the spent fuel pool storage capacity listed in Technical Specification 5.6 from 682 fuel assemblies to 1276 fuel assemblies in a three region storage design with a maximum initial enrichment of 4.3 weight percent U-235. The nominal center-to-center distance.between spent fuel assemblies listed in Technical Specification 5.6 would be changed'from 14 inches to slightly greater than 10 inches.

A new Technical Specification 3/4.9.12 would be added describing the combination of initial enrichment and cumulative exposure for spent fuel assemblies necessary for storage in Regions 2 and_3. Technical Specifications 5.3.1 and 5.6.1.2 would be changed to reflect storage in the new fuel storage racks of new fuel assemblies for

. reload enriched up to a maximum of 4.3 weight percent U-235 instead of-3.5 weight percent ~U-235.

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  • This amendment was requested in the licensee's application for amendment dated January 23, 1984.

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.

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The Commission has made a proposed determination that the amendment request involves no significant hazards consideration. Under the Commission's regula-tions 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 pre-viously evaluated; or (3) involve a significant reduction in a margin of safety.

The expansion of the spent fuel pool storage consists of replacing existing racks with racks which allow closer spacing between stored spent fuel assemblies.

The storage expansion method does not involve rod consolidation or double tiering. The storage expansion will create three regions of storage. Regions 2'and 3 will require fuel burnup (exposure) for storage of fuel assemblies.

Region 1 will allow storage with no exposure requirements.

Also, the reracked spent fuel pool will allow storage a maximum of 4.3 weight percent U-235 initially enriched fuel assemblies.

However, the K,ff of the reracked spent fuel pool will be maintained less than or equal to 0.95, which is the current requirement. The additional heat load created by the increase in spent fuel.

assemblies is small and within the capacity of the spent fuel pool cooling system such that the requirement for the temperature of the spent fuel pool to

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be 5 140*F is still met.

No new technology or unproven technology is utilized in either construction or analysis of the storage expansion.

The structural design margin of the spent fuel pool will not be significantly reduced by the rerack. Therefore, the integrity of the spent fuel pool is maintained and as a result no new means of losing cooling water.such that cooling flow can not be maintained, can be postulated beyond those addressed in the staff's earlier I

reviews that led to the issuance of the operating license. A discussion of fuel pool integrity is contained in the licensee's Final Safety Analysis Report and the staff's Safety Evaluation Report. Also, reload fuel and new fuel pool storage requirements are being changed to reflect fuel assemblies initially enriched to 4.3 vice 3.5 weight percent U-235.

However, the K,ff of the new fuel pool will not change from its current requirement of less'than or equal

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to 0.98; and, also, for reload fuel usage, the Technical Specification require-ments remain the same.

The Commission has provided certain examples (48 FR 14870) of actions likely to involve no significant hazards considerations.

One of the examples relates to a change which may reduce in some way a safety margin, but where the results of the change are clearly within all acceptable criteria with respect to. the system or. component. The change from a maximum of 3.5 to 4.3 weight percent U-235 for new fuel storage and use is similar to this example because the enrichment of the fuel is increased, but all of the Technical Specification safety requirements are still met. Spent fuel pool reracking was specifically excluded from the list-of examples considered likely to involve a significant hazards considera-tion.

Pending further study of this matter, the Commission is making a finding on the question of no significant hazards consideration for each reracking-b_

G, 4-application such as.this on a case-by-case basis, giving full consideration to the technical circumstances of the case, using the standard of $50.92 (48 FR

-14869).

The licensee's submittal of January 23, 1984, included a discussion of the proposed action with respect to the issue of no significant hazards considera-tion. This discussion has been reviewed and the Commission finds it acceptable.

Specifically, with regard to the first standard of 10 CFR 50.92, this amendment does not involve a significant increase in the probability or consequences of an accident previously evaluated. The design requirements of spent fuel storage remain the same and are met by the rerack design; therefore, the probability of an accident previously evaluated is not signifi-cantly increased. Accident analyses regarding. criticality, fuel handling, seismic, and loss of forced cooling have been performed and the consequences

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are acceptable with no significant increases.

With regard to the second standard of 10_CFR 50.92, this amendment does not create the possibility of a new or different kind of accident from any accident previously evaluated.

The storage expansion just involves replacing existing racks with racks which allow closer spacing between stored spent fuel assemblies; and, therefore, applicable accidents remain the same. Also, since the integrity of the spent fuel pool is maintained, no new means of losing cooling water, such that cooling flow cannot be maintained, can be postulated and therefore, the proposed action does not create the possibility of a new or different accident from any accident previously evaluated.

With regard to the third standard of 10 CFR 50.92, this amendment does not involve a significant reduction in a margin of safety.

Even with

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. more spent fuel assemblies and higher enriched fuel, spent fuel storage Technical Specifications and Standard Review Plan requirements are still met with regard to Keff, spent fuel pool cooling capability,'and structural strength.

The Comission is seeking public comments on this proposed determination.

Any coments received within 30 days after the date of publication of this notice will be considered in making any final determination. The Comission will not normally make a final determination unless it receives a request for a hearing.

Comments should be addressed to the Secretary of the Commission, U.S-.

Nuclear Regulatory Comission, Washington, D. C.

20555, ATTN: Docketing and Service Branch.

By Qde ;

b, / 9 [- h the licensee may file a request for a d

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 p.roceeding must file a written petition for leave to intervene. Request for a hearing and' petitions for leave to intervene shall be filed in accordance with the Comission's " Rules of Practice for Domestic Licensing Proceedings" in 10 CFR Part 2.

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 Comission 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.

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' As required by 10 CFR Q2.714, 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 peti-tion 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 with-out 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 is required to 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, and the bases for each contention set forth with reasonable specificity, pursuant to 10 CFR 62.714(b). Contentions shall be limited to matters within the scope of the amendment under consideration.

A petitioner who fails to file such a supplement which satisfies these require-ments with respect to at least one contention will not be permitted to partic-ipate as a party,

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r 7-The Commission hereby provides notice that this proceeding is on an appli-cation for a license amendment falling within the scope of Section 134 of the Nuclear Waste Policy Act of 1982 (NWPA), 42 U.S.C. 610154. Under Section 134 of the NWPA, the Commission, at the request of any petitioner or party to the

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proceeding, is required to employ hybrid hearing procedures with respect to "any matter which the Consnission determines.to be in controversy among the parties."

Section 134 procedures provide for oral argument on those issues " determined to be in controversy", preceeded by discovery under the Rules of Practice, and the designation,-following argument, of only those factual issues that involve a genuine and substantial dispute, together with any remaining questions of law to be resolved at an adjudicatory hearing.

Actual adjudicatory hearings are to be held only on those issues found to meet the criteria of Section 134 and set for hearing after. oral argument on the proposed issues.

However, if no petitioner or party requests the use of the hybrid hearing procedures, then the usual.10 CFR Part 2 procedures apply.

(At this time, the Commission does not have effective regulations imple-menting Section 134 of the NWPA alt. hough it has published proposed rules. See Hybrid Hearing Procedures for Expansion of Onsite Spent Fuel Storage Capacity at Civilian Nuclear Power Reactors, 48 Fed. Reg. 54,499 (December 5, 1983).)

Subject to the above requirements, and any limitations in the order grant-ing leave to intervene those permitted to intervene become parties to the pro-I

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' ceeding, 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 Comission 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 Comission may issue the amendment and make it 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 involves.a significant hazards consideration, any hearing held would take place before the issuance of any amendment.

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 Comission 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 coments received. Should the Comission take this action, it will publish a notice of issuance and provide for opportunity for a hearing after issuance. The Comission expects that the need to take this action will occur very infrequently.

A request for a hearing or a petition for leave to intervene must be filed with the Secretary of the Comission, U.S. Nuclear Regulatory Comission,

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Washington, D. C.

20555, Attention: Docketing and Service Branch, or may be delivered to the Commission's Public Document Room, 1717 H Street, N.W.,

Washington, D. C., 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 (800) 325-6000 (in Missouri (800) 342-6700). The Western Union operator should be given Datagram Identification Number 3737 and the following message addressed to Elinor G. Adensam: 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 Executive Legal Director, U.S. Nuclear Regul.atory Commission, Washington, D.C.

'20555, and to Mr. Randolph R. Mahan, P. O. Box 764, Columbia, South Carolina ~29218, 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 Atomic Safety and Licensing Board designated to rule on the petition and/or request, that the petitioner has made a substantial showing of good cause for the granting of a late petition and/or request. That determination will be 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 which is available for public inspection at the Commission's Public

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.- Document Room.-1717 H Street, N.W., Washington, D.C., and at the Fairfield County Library, Garden and Washington-Streets Winnsboro, South Carolina 29180.

th Dated at Bethesda, Maryland, this 25 day of June 1984.

FOR THE NUCLEAR REGULATORY COMMISSION

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Elinor G. Adensam,- Chief Licensing Branch No. 4 Division of Licensing h

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eo 29980 Federal Register / Vol. 48. No.126 f '. 2nesday, June 29. 1983 / Notices

=_ - _.- _ i Dated l June 22.1983.

to the Hearing Board's authority under

[Dochet No. 50-328)

For the Appeal Board.

10 CFR 2.107. -

C. Jean Shoemaker.

monitoring and approval, applicants.

Amendment to Facility Operating (1) Subject to the NRC Staff's Con de t fI f

Secretary to the Appea1 Board i

irm ox swse ri n.-w ees..i shall tmplement their Black Fox Station Ucense and Proposed No Significant Hazards Consideration Deterrnination f

eiu.ruo coes tsw.a Soil Stabilization and Erosion Control Plan. as approved by the Staff on and Opportunity for Hearing September 24,1982, by no later than October 1.1983, and "Ule U.S. Nuclear Regulato'ry

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(Docket Nos. 50-443 OL and 50-444 OLI Public Service Company of New (2) Subject to the NRC Staffs Commission (the Commission)is i

Hampshire, et at. (Seabrook Station, monitoring and approval, applicants considering issuance of an amendment Units 1 and 2); Oral Argument shall dismantle those site improvements. ' to Facility Operat;ng License No. DPR-not to be utilized at inola Station'1n 79 issued to Ter.nessee \\ alley Nctice. hgeby gis en that,.

such a manner as not to cause any Autharity (de !b.nscel for operation of is in accordance w:th the Appeal Board's onsite or offsite detrimental the Sequoyah Nu:! ear P ant. Unit 2.

nerneranien and order of June 20.1983' environmental impacts.

lxated in 11amCton County. Tennt.-se e.

oral arpmer.t on the New England The amendrnent would authorize a Coalit6n on Nuc! ear Pu!!ution s petition The Licensing Board also vacated the partial initial decision which had paved temporary change in de sun eiU4nce I3i..directe ce-*;fication under 10 CFR the way for issuance of a Limited Work requirements for rod d op tests and 8(i) of so much of the Licensing Board s May 11.1983 memorandum and Authorization (LWA) on July 26.1978 calibration of fu!! length control rod and authorized the Director. Office of pusai n (r d battom) limit switches The order as granted summary disposits against it on vs Contention II.B.4 will be Nuclear Reactor Regulation to revoke hcensee is reqdred to demonstrate bLWA*

periodically (every 18-2:' months) that Feld at are a..~ on trednesday./uly the control rods will drop from the

13. IS3J in the NRC Pub!;c Hearing On April 7.1983. the apph.eants filed a w thd awn position to the fully inserted Room.Fifth Floor. East West Towers motion to dismiss the remaining position within a certain specified time.

Building. 4350 East-West Highway, environmentalissue pending befo e the Also, the fulllength control rod position Bethesda. Maryland.

Atomic Safety and Licensing Appeal limit sw tches are calibrated in the b

rem te shutdowTi control room during Dated. June ::. 983.

nd rd r(A the same period of time. Control rods For the Appeal Board.

723) Apil14.1383, the Chairman of the are verified t be operable eve,ry 31 days C. Jean Shoemaker.

Atomic Safety and Licensing Appeal 8

l m act rda,nce with other provisi,ons of 4'

Secretary te rAe A;pec/Bxtd Panel ' anted the aEP icants'. motion.

the Techmcal Specifications. Te nem, cal r;

tm D=. r-trsc rr a m e.3.=1 and terminated the appellate jurisdiction requirements associated with the restart sec coot m-u retained in ALa&S73 on the last of Unit 2 at this stage of the core hfe environmental issue, the random issue.

cycle, such as Xenon buildup, would (Docket Nos. STN $0-556 and STN 50-557]

By letter dated June 22.1983, to the make it impractical to return to power Public Service Company of Oklahoma, cperations after july 16,1983. The Public Service Company of Oklahoma, the LWA issued to the Applicant was propcsed amen nent would inc ease et al. (Black Fox Station, Units 1 and 2); reycked.

the starveillance period by 20 days. The Withdrawal of Application for In accordance with the Applicants' maxirnum su veillance interval Construction Permits and Revocation request and the L! censing Board's Order permitted by the Technical of Lim!!ed Work Authortzation and pursuant to 10 CTR 7107(c). notice Specifications is sss ders. This request By Mot;on. dated April 6.1982. Public is hereby given that the application for was made to permit the' licensee to carry Se. ice Company of Oklahema. et cl construction permits for B:ack F::x out the control rod tests and calibration

'Appihnis) req;ested temina!!on of Station. Units 1 and 2 bas been of de limit switches to coincide wi$ de the practed.ngs re!ated to the withdrawn, that the proceeding in this sdeduled refue:ing for 1.' nit 2 which will appheat.en f:: const u:tian pe=Ms for matter has been te=inated and that the occur no later than August 5.1933.The 5:ed Fn Stetien. Unns 1 end 2.

LWA !ssued to the Pub!!c Service revisions to the technical specifications

Nue PuE: Se. i:e Company of Company cf Oil.hcma, et aL has been would be made in response to the Je?-F m efs.'. b d :::r"edp'instc revoked.

bensee's appli ation for amendment ane- "., se ;n.ts. Tne pepsed Corresp;rdence ran;crning this d ated bne 21.W.3.

' 41cs v.e.re t, Le :o.ated in the apph anon wn!! con'inue to be 5: fare issuatre of the proposed T:v.nih!p cf heia. Ok'.hama.22 m!!es ca:nta.ned at the Commission's Public

ense amendment. the Commission ust of TU. en the m s:de of the Dac:. ment Roam.1717 H St cet. NW wi : have made f'ndin;s required by the

'ArS;-is R:ver in Rect s County. A Washington. D C. and for six roonis at Atomi: Energy Art of 24. as amended "N.We rf Mc ring of Appliestion far de Tu!sa City--County Library. 400 "he A:0 and th C.mmissien's

^. nm::= n per.-ts" wt.s pE%ed in Chic Center. Tulsa. Okiahoma 74102.

reg !ations.

'" Tedera! R* giver en b i. ry 5 1576.

Da d - Bi hsh. Wdra d. N -' d The Cemin,in has r ade a preposed 41 FR 3M7).

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'&m.retion tnet de 6.endment a

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. quest into ves t.: eenificantha ards t

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" ed on c der nr. whid it c:aried cansderet:en Under t'he Commissien's App l: cants' re. Nest:(4 To webdraw E" G ^h:"m-regiations in 10 CFR 50.92. this rneans deir appli:.aton for ccest.;ct2cn Cf.cf Lceuirs tenc3 N: 4.mmx of that operation of the facilityin s

permi'.? for Units 1 tnd cf so Rick LW" al-accordance wii the preposed Fn Sn 'n: un.i(:; i, tr =i : te ::.e 4xn.i r e-x ~.

amendment would not (1) Int:!ve a Nmi. c p:wd.n3 r.W:t to the ems con ?!ws significant increne in the probr. bili:s (:

' "m:q < vn.!v.s i:.wedra92-nt cennquences cf..n sc:iden* pu v". 's

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cr"eria by ;r.n11c; nam;tes :f fac::?. Thcefere. de C"- N. -- Y S et:u

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f amendments dat are censih&! cet ins.;f.lc!ent time to issue its usual 24'-:a; A;pI.M..f"n s;

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laely to invche sic 9can: ha:"i.*

noti:e :f the propcsed actice fcr.m.E.:

C'.C!4' af de A:: 3: i Eu'+5 01--; an d cons:derstien (45 FR 14roj. Or e of Os coc: ant.

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examp!es cf at:ians NIy to '.v:'u na if the propcsed.2:ere 1*i:,

': :"! S e v ' i 2 7'r, i 4-t siificant h4:<irds cc 31.!ere

,ci be a :es final an c;; c..r.:', i.c a A;.9 :-*JiV

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2 teIates to a ch.irge ah.ci e. der 47 heafng will be ;u%5hed in ? ' "i he 70 '! e m-1' 3:

resu't in some inch 2se to the Rejstar at a !a**r d re 2. ! 4n. ' i; - '

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probability er conseq2ences of a request will:::t de:ay +e e*

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"- - - - E l-previousIy-ana!y:cd accident or =ay of de amendment.

.. a c nn. r: :f reduce in so:ne way a safety mar;in, but if de Con m'ssion decides in its En --

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where the resu!!s of de change are dete=ination that the amendment 1:e+

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c!estly within a!! acceptab!e criteda involve a signincant hazards

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'.% :ev c!3c with respect to de system cr ccepcnc.!

censideratian, a nyice of oppc tun!'y 2:4141' and R_'es 24-4 El 22 :-!

specified in the Star.dard Raview Plan.

for a prior hearind win be published 'n AppI! cant states Watitis cctn; md A review cf the 'fcensee's s.6mitta!

the Federal Re@ct ard. if a hearing is cithree separate per:fcHcs: eNLnn dated June 21.1M1. In accordance wi6 granted,it w !! 5e he!J befcre any hid et Ferdc:!o. de H.sh Yie!3 the standard of to CFR 50 92 provides ameninent is issued.

Pc: f:Mo. and 8e Equity Pcrt'ciio. The 6

sufficientinformaSen to conclude that The Cc=misica is see:dg public Sve.unent hfanapr is Dean Witter the proposed amendment forincreasina corn =ents on this poposed Reynolds 5:.. a Delaware corporatian the surveillance interval by less than I dete=ina:ica of no signi'icant hazards wh!ch. thicqh its bie: Capital Division.

percent falls withm the catepry of de consideration. Coc:ments on Se is whel:y-owned by Dean Witter cited example and dces not involve a proposed determination may be Financial Services Inc which in turn is sigmficant trazards considerstion.

telephoned to Elinor G. Adensam. Chief a who!!y. owned subsilary of Sears.

because it involves no significant of I.icensing Branch No. 4 by collect call Reebuck and Co.

Increase L1 the probability or

- to (301) 492-7831 or subrnitted in writing Applicant asserts dat its hfoney

, consequences of a previously analyzed to the Secretary of the Commission. U.S.

Afarket Portfolio is a " money market accident. does not significantly reduce a Nuclear Regulatory Commission.

fund" whose shat'es will be offered to safety margin, and the results of the Washington. D.C. 20555. Attn: Docketing Northbrook Life Insurance Company change are clearly within all acceptable 7and Service Branch. All comments

("Northbrook") for allocation to criteria with respect to systems or receivedby July 14.1983 will be Northbrook Variable Account as the c;mponents specified in the Standard considered in reaching a final underlying investment for variable Review plan.

determination. A' copy of the application annuity contracts issued by Nordbrook.

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3 Based on the testing that Tennessee may be examined at the Commission's Shares of the Money Market Portfolio.

Valley Authority (TVA)is continuing to Public Document Room.1717 H Street will be offered to Nordbrook the sole t

perform and the experience to date.

NW Washington. D.C. and at the shareholder of Applicant. on a no-load TVA believes that the rods will drop within the required time lim!!s and that Chattanooga Hami! ton County basis at a constant price of $1.00 per the rod bottom lights wd! work if Bicentennial 1.ibrary.1001 Broad Street share. Applicant states Sat de Stoney needed. Also, because the increase in Chattanooga. Tennesee 37402.

Afarket Portfolio's investment obbctins the surveillece intervalis less than 3 Dated at Bedesda. Wr>tand. this 23rd day are high income, preservation og capig pe.~nt o' .e total time interva!.TVA of june 1983.

and hqu!dity. Applicant states that the 4

does not believe there will be an For the Nuclear Reg da! cry Ccemission.

hfoney hf arket Portfoho wil! invest in a increase in the rod drop time or that the Einor G. Adensarn.

vaFety of shct:4erm meney mamt I

mstruments.

incr=ase in sarvei!!ance Interval will Chief. Licensity F. cech.W L Dmsion of Section 6(c) of the Act provide pertbent pert. that the Commiss,s. in Increase the probabilty of the rod Licens/rg

.on.by bottom switches to not operate proper y.

nt o= n-t we and e.
a.e, us sei 8

order upon appUca' ion may

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Based on the fact that the control rods eu.neo cca rsseet-es g

are tested every,31 days In acccrdance coclit!ana!!y or unconditionally exempt with the survetuance requirements and any persen, secanty or transacnon, or r

i that rod d cp times have not been a SECURITIES AND EXCHANGE any class or classes of persons problem at other plants with COMMISSION secudies or transactions, ficm any I

Westinghouse equipment. TVA believes provision or provisions of the Act or of I

that the equipment will res d as

! Release No.13350; 41*-5535) any nde or regulation thereunder,if and j

designed.The lacrease in Dean Witter Variable Armulty -

t ecent mat wch ne@on b g

surveillance interval does not redace the

"'#"'"~I EE investment Series; Filing of I"''"*

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margin of safety and the testing and Appucation protecticn ofinvestors and the purposes g

cxperience to date lead TVA to believe that the equipment will o*perate as lune :3.1963.

fairly intended by the policy and designed.

Notice is herebygiven that Dean provisions of the Act. Applicant seeks f

Therefore based on these Witter Variable Annuity Investment an order of the Commission pursuant to y

considerations and the three criteria Series. Oce World Trade Center. New Section 6(c) of the Act exempting it from s'

e

46460 Federtl Register /

,1. 48. No.193 / Wednesday October 12. 1983 / Notices if 4

.h forum to interpret New Jersey statutes

~

1 relating to the legal status and authority ! cunentrestriction due to the competing consequences of a previously analyzed effects of cooling the reactor coolant accident or may reduce in some way a of the Public Advocate.

system to make the measurements and safety margin. but where the results of De petition forintervention and a still maintaining the pressudzer pressure the change are clearly within all public hearing la granted. It will be above the specified limit in the technical incumbent upon the petitioner to comply specifications. Allowing the pressure to system or component specified in the acceptable criteria with respect to the i

with the requirements of 6 2.714 by fall below the minimum value during the S'endard Review Plan.

i filing. not later then 15 days before the tests will not compromise core l

more viable contentions with the bases protection because the overtemperature

%e Commission le seeking public special prehearing conference, one or therefor set forth with reasonable delta-Treactor trip of the protection comments on these proposed I

determinations. Any comments received system will assure fuel clad integrity for within 30 days after the date of specificity.

all combinations of pressures and publication of this notice will be A special prehearing conference will i

temperatures.

be held in this operatinglicense A second amendment would revise considered in nisking any final i

proceeding pursuant to the provisions of the table of Containment Isolation determinations. ne Commission will 10 CFR 2.751a. on Tuesday. November Valves to reflect the proper not normally make a final determination 1

22.1983. commencing at 9:00 a.m local interpretation of the definition of unless it receives a request for a t

time, in the Freeholders' Meeting Room, operability of the containment isolation heanng.

~

Courthouse. 92 Market Street. Salem, valves and a notation of valves that will Comments should be addressed to the 4

New Jersey 0e079.

be in an isolated position with power - Secretary of the Commission. U.S.

Membersof thepublicmayrequest removed.De change is acceptable Nuclear Regulatory Commission, a

permission to make a limited since the valves will still perform their-Washington. D.C. 20555. Attn: Docketing appearance statement, either oral or safety function in this position in and Service Branch.

written, pursuant to i 2'715(a) of the addition to improving plant operations.

By November 14.1983, the licensee Commission's Rules of Practice. 20 CFR /

A third amendment would reduce the may file a request for a hearing with Part 2. A person making a limited

/ number ofigniters to be tested in the respect to issuance of the amendments i

i appearance does not become a party but hydrogen mitigation system to lost to the subject facility operating licenses may state his position on the issues and rether than 2001L every 18 months affected by this proceeding a' nd whoa may raise relevant questions which he j because of AI. ARA considerations.

wishes to have answered by the parties! Some igniters are physically locatd in wishes to participate as a party in the United appearances will be received af areas that would expose test personnel proceeding must file a written petition the November 22 prehearing conference to relatively high radiation levels. ne forleave to intervene' Requests for

~b' ct the discretion of the Board within igniters are considered to be reliable h** fin in ]gs and PeWone forieave to

  • such limits and on such conditions as long-life devices. Verification of their e

cco ance m y be set by the Board, operability and temperatures can be g

lt la no ordered.

checked through methods other than dj

"[0

.g Maryland &is se day f

ure chin v visua y requests for hearings or petitions for 8a--48a-leave to intervene are Aled by the above Atomic Safety and ucasing Boani.

,,,eptabIe.105L of the total number is -

date, the Commission or an Atomic Marshan g. Miller' Dese amendments were N #"* * 'l8l'**'h'l8 M requested in the licensee's application Safety and Ucenomg Board, designated i

Int omsum nw awmaas==l

\\ for amendments dated July 21.1983.

by the Commission or by the Chairman i

same caos renew Before imuance of the proposed of the Atomic Safety and ucensing license amendments, the Commission Board Panel, will rule on the requests will have made Endings required by the and/or petition and the Secretary or the l

(Deceret teen. 50 327 and so-sasj Atomic Energy Act of1954. as a:nended designated Atomic Safety and Ucensing (the Act) and the Commission's Board willissue a notice of hearing or Tennessee Vasey N T ^2.J z.ofle %

reguladone.

  • n 8ppropriate order.

euence of he Commission has made a proposed As required by 10 CFR I 2.714. a

t. i_..^_ to FecWty Opereung determination that the amendment petition for leave to intervene shall set Ucenees and propoeod No Significent L requests involve no significant hazards forth with particularity the interest of HazardsC;- 1 2 Determinadone consideration. Under the Commission's the petitioner in the proceeding. and and Opportunity for Hearing regulations in 10 CFR 50.92 this means how that interest may be affected by the ne U.S. Nuclear Regulatory thet operation of the facility in results of the proceeding.ne petition l

Commission (the Commission)is accordance with the proposed should specifically explain the reasons l

considering issuance of amendments to amendments would not:(1) Involve a why intervention should be permitted Facility Operating Ucenses Nos. DPR-77 significant increase in the probability or with particular reference to the and DPR-79. issued to Tennessee Valley consequences of an accident previouslyfollowing factors:(1)The nature of the i

Authority (the licensee) for operation of evaluated; or (2) create the possibility of petitioner's right under the Act to be the Sequoyah Nuclear plant. Units 1 and a new or different kind of accident from made a party to the proceeding:(2) the

2. located in any accident previously evaluated; or (3) nature and extent of the petitioner's Tcanwen. Hamilton County, involve a significant reduction in a property, financial, or other interest in One amendment would permit the margin of safety.

the proceeding: and (3) the possible Pressurizer pressure to be less than 2220 ne proposed amendments involve no effect of any order which may be i

significant hazards considerstion based pela during the performance of power on the examples cited in og FR 14670.

entered in the-proceeding on the coefficient physics tests and certain surv lllance requirements. De tests are One of the examples relates to a change petiuoner's interut. ne petition should also identify the specific aspect (s) of the cad) difficult to perform with the which either may result in some subject matter of the proceeding as to I

increase to the probability or which petitioner wishes to intervene.

- ~--

'~~

i-

~_

Fed:rel Register / Vof I. No.196 / Wednesday. October 12,1

/ Notices 4M61 Any person who has filed a petition:

it will publish a notice of lesuance and For the Nuclear Itegulatory Commiselon.

I: eve to intervene or who has been provide for opportunity for a hearing sun., c. Adeeg..,

admitted as a party may amend the-after lumann.no Commission exy. cts chiep.icensig aronch No. v. Divisions of petition without requesting leave of the that the need to take this action will ucensig.

Board up to Riteen (15) days prior to the occur very infrequently.

ge o,,. - s f.

first prehearing conference scheduled in 7

A request for a hearing or a petition m ogee Ne W S 62 pmceeding, but such an amended for leave to latervene must be filed with j

"ga--gt,* era'gaad'r me Sumia,, or b Commi-ion. us e

me,

Not later then fifteen (15) days prior to Nuclear Regulatory Commission.

SECURITIES AND EXCHANGE j

thz first prehearing conference Washington, D.C. 20655. Attention:

COAH44SSION

[

scheduled in the proceeding, a petitioner Docketing and Service Branch, or may t

shall file a supplement to the petition to be delivered to the Commission's Public IRelease No. 34-30252. Fee No. 9R-A48EX-

)

inttrvene which must include a list of Document Room 1717 H Stnet NW ca.211 I

tha contentions which are sought to be Washington. D.C., by the above data.

i

- h litigated in the matter and the bases for Where petitions are filed during the last SeM-Regulatory Orgentastione;

~(

erch contention set forth with ten (10) days of the notice period, it is Proposed Rule Change by the i

reasonable specificity. Contentions shau requested that the petitioner promptly so American Stock Exchange. Inc.

b2 limited to matters within b scope of inform b Commission by a toll free Relating to Treeeury Note Optione th2 amendment under consideration. A telephone call to Western Union at (a00) Empiretion Cycle j {$

p1titioner who fails to file such a 325-e000 (in Missouri (800) 342-4700).

Pursuant to Section 19(b)(1) of the supplement which satisfies thes*

ne Westem Union operator should be Securitin Exchange Act o% 15 requirements with respect to at least one given Datagram Identification Number U.S.C. 78s(b)(1) notice is hereby given contention will not be permitted to 3737 and the following message that on September 29.1983. the i

participate as a party' addrened to Elinor G. Adensam:

Those permitted to intervene become American Stock Exchange. Inc. flied t.[.

ptrties to the proceeding, subject to any Pe ne nameand ep with the Securities and Exchany plut limitations in the order granting leave to Commission the proposed rule change i [

intervene, and have the opportunity to name: and publication date and page u WW h he L H. IU bdow.

F prrticipate fully in the conduct of the number of this Federal Register notice.

which items have been prepared by the V hearing including the opportunity to A copy of the petition should also be

,,gg,,,,,g,,,,y,,,,,g,,,g,,, g,

3 sent to the Executive Legal Director'.

. Commission la publishing this notice to T:

present evidence and cross-examine U.S. Nuclear Regulatory Comminion solidt comments on the proposed rule E,

witneues.

s.

If a hearing is requested, the Washington. D.C. 20555, and to Mr.

/

Commission will make a final HerbertS. Sanger Jr Esq, General change from intated pans.

d:tirmination on the issue of no Counsel.Tenneuee Valley Authority.

I. Self. Regulatory Organisation's p

significant hazards consideration.De 400 Commerce Avenue. E 118 33 Statement of the Tenns of Substance of

[

finil determination will serve to decide Knoxville. Tennesme 37902, attorney for the Proposed Rule Change 3

whm the hearing is held.

b licanue.

If the final Jetermination is that the The American Stock Exchange. loc.

amendment request involves no Nontimely filings of petitions forleave

(" Amex" or the " Exchange")is i

significant hazards consideration the to intervene, amended petitione, proposing to move its 10. year UA Commission may issue the amendment supplemental petitions and/or request Treasury note (' Treasury note") options and make it effective. notwithstanding for hearing will not be entertained from a March / June / September /

y, the request for a hearing. Any hearing absent a determination by the December expiration Cycle (" March held would take place after issuance of Commission, the presiding officer or the cycle") to a February /May/ August /

thz emendment.

Atomic Safety and I.icensing Board November expiration cycle ('Tebruary If the final determination is that the designated to rule on the petition and/or d

  • I e")'

crn:ndment involves a significant request, that the petitioner has made a h::ards consideration, any hearing held substantial showing of good cause for II. Self. Regulatory Organisatlee's 1

would take place before the issuance of the granting of a late petition and/or Stata-w of the Pwpose of, and any amendment.

request.That determination will be Statutory Beels for. the N _ M Role Normally, the Commluion will not based upon a balancing of the factors Chany Issue the amendrnent until the specified in 10 CFR 2.714( A)(1)(i)-(v) v{,

expiration of the 30-day notice peHod, Hswever, should circumstances change and 2.714(d).

In its filing with the mmmission. the edf. regulatory organlaation included

,y during b notice period such that failure For further details with respect to this statements concerrung the purpose of p

to cet in a timely way would result. for action, see the application for and basis for the propoud rule change example, in derating or shutdown of the amendments which is available for and discussed any comments it rewived r

facility, the Commission may issue the public inspection at the Commission's on b proposed rule change.ne text of p,

lic nse amendment before the Public Document Room 1717 H Strut then statements may be examined at expiration of the 30. day notice period.

NW., Washington. D.C. and at the the placa specified in item IV below.

v..

y provided that its final determination is Chattgnooga. Hamilton County n, agg. regulatory organization has k

Y' prepared sammaries, set forth in si i can haza cons e ta n.no final determination will consider all Chauenooge.Tennusa 374M.

sections (A), (B), and (C) below, of the i f public and State comments received. '

Deted at Betheda. Maryland this 4th day moet significant aspects of such 4

Sh:uld the Commission take this action.

of October 1ses, statements.

L V

,g f

1.*

F f)

'e t

Q y

6040 Federal Register / Vol. 49. No. 33 / Thursday. February16, 1984 / Notices unless it receives a request for a hearing.

each contention set forth with m-Comments should be addressed to the reasonable specificity. Contentions shall inform the Comm 4

375-6000 (in Missouri (

Secretary of the Commission. U.S.

be limited to matters within the scope of 0

Nuclear Regulatory Commission.

the amendment under consideration. A The Western Union operator should be a Washington, D.C. 20555. ATTN:

petitioner who fails to file such a Docketing and Service Branch.

supplement which satisfies these given Datagram 1dentification Number h

By hfarch 19.1984, the licensee may requirements with respect to a least one 3737 and the following message i

file a request for a hearing with respect contention will not be permitted to addresed to A.Schwencer: petitioner's E to issuance of the amendment to the participate as a party.

name and telephone number; date b.

subject facility operating license and Those permitted to intervene become petition was mailed; plant name; and I

any person whose interest may be parties to the proceeding. subject to any publication date and page number of i

affected by this proceeding and who limitations in the order granting leave to this Federal Register notice. A copy of E wishes to participate as a party in the intervene, and have the npportunity to the petition should also be sent to the b proceeding must file a wntten petition participate fully in the conduct of the Executive Legal Director. U.S. Nuclear I for leave to intervene. Request for a hearing. including the opportunity to Regulatory Comm?ssion. Washington, hearing and petitions for leave to present evidence and cross-examine D.C. 20S55, and to Jay Silberg. Esquire, Shaw. Pittman. Potts & Trowbridge.1800 witnesses.

meervene shall be, filed in accordance if a henring is requested, the h1 Street NW., Washington D.C.20038, with the Commission's, Rules of Commission w 11 make a final attorney for the licensee.

Practice for Domestic Licensing dete mination on the issue of no Nontimely filings of petitions for leave Proceedings"in 10 CFR Part 2. If a request for a hearing or petition for significant hazards consideration. De to mienene, amended petitions.

leave to intervene is filed by the above fmal determination will serve to decide supplemental petitions and/or request date, the Commission or an Atomic when the hearing is held.

hearing will not be entertained absent a Safety and Licensing Board, designated if the final determination is that the determination by the Commission, the by the Commission or by the Chairman amendment request involves no presiding officer of the Atomic Safety sienificant hazards consideration, the and Licensing Board designated to rule of the Atomic Safety and Licensing Commission may issue the amendment on the petition and/or request, that the Daard Panel, will nile on the request and make it effective, notwithstanding petitioner has made a substantial and/or petition and the Secretary of the the request int a hearing. Any hearing showing of good cause for the granting designated Atomic Safety and Licensing held would take place afterissuance of Board willissue a notice of hearing or the amendment.

of a late petition and/or request. That determination will be based upon a an appropriate order.

As required by to CFR 2.714. a If the final determination is that the balancing of the factor specifiedin to petition for leave to intervene shall set amendmentinvolves a significant forth with particularity the interest of hazards consideration, any hearing held' CFR 2.714(a)(1)(iHv) and 2.7 For further details with respect to this the petitioner in the proceeding and would place before the issuance of any action, see the application for amen 3 ment.

how that interest may be affected by the Normally, the Commission will not amendment which is available for public results of the proceeding. The petition should specifically explain the reasons issue the amendment until the inspection at the Commission's Public why intervention should be permitted expiration of the 3Nfay notice period.

Document Room.1717 H Street NW.,

with particular reference to the However, shou!d circumstances change Washington, D.C., and at the Osterhout following factors:(1) The nature of the during the notice period such that failure Free Library. Reference Department. 71 petitioner's right under the Act to be to act in a timely way would result in South Franklin Street. Wilkes-Barre, derating or shutdown of the facility, the Pennsylvania 18701.

made a party to the proceeding: (2) the Commission may issue the hcense Dated at scahesd.i. Mar >!and this ash d y nature and extent of the petitioner's amendment before the expiration of the d February N.

prcperty, fmancial or other mterest m, the proceeding: and (3) the possible 30-day notice penod, provided that its For the Nuclear Regulatory Comrnisam effect of any order which may be issued final determination is that the A. Schwencer. Chief, amendment involves no significant

.in the proceeding on the petitioner's hazards consideration. The final Licensing smnch No 2 Division o/Licmirr interest. The petition should also identify the specific aspect (s) of the determina tion will consider all public in omw rua r-im e es.mi subject matter of the proceeding as to and state comments received. Should amo cow rim which petitioner wishes to intervene, the Commission take this action, it will Any person who has filed a petition for publish a notice ofissuance and provide leas e to intervene or who has been for oppnrtunity for a hearing after IDocket Nos. 50-327 and 50-328]

admitted as a party may amend the issuance. The Commission expects that petition without requesting leave of the the need to take this action will occur Tennessee Valley Auttiority; Board up to fifteen (15) days prict to the very infrequently.

Consideration of issuance of A request for a hearing or a petition Amendments to Factilty Operating first prehearing conference scheduled in for leave to intervene must be filed with Licenses and Opportuntry for Prior the proceeding, but such an amended the Secretary of the Commission. U.S.

Hearing petition must satisfy the specificity Nuclear Regulatory Commission.

(

requirements described above.

The United States Nuclear Regulatory Not later than fifteen (t5) days prior to Washington. D.C. 20555. A'ITN:

the first prehearing conference sheduled Docketing and Service Branch, or may Commission (the Commission)is in the proceeding, a petitioner shall file be delivered to the Commission's Public considering issuance of amendments to a supplement to the petition to intervene Document Room.1717 H Street. NW.,

Facihty Opera ting License Nos. DPR-71 s

which must include a list of the Washington. D.C. by the above date.

and DPR-79. Issued to Tennessee Vall contentions which are sought to be Where petitions are filed during thelast Authonty (the licensee). for operstion the Sequoyah Nuclest Plant. Units 1 a litigated in the matter, and the bases for ten (to) days of the notice period, it is

2. located in i familton County.

requested that the petitioner promptly so Tennessee.

b 4.

g I

p-Feder I Rogister / Vol. 49. No. 31/ Thursday. February 1.. Im4 / Notim 6041 O

The amendments would authorize the should specifically explain the reasons telephone number);(date petition was operation of an installed Postaccident why intervention should be permitted mailed) (plant narrel; and (publication Sampling System (PAS) for Sequoyah with particular reference to the date and page number of this Federal Unit 1 and 2.The Sequoyah Nuclear following factors;[1)The nature of the Register notice) A copy of the petitinn Plant operating licenses stipulated that petitioner's right under the Act to be should also be sent to the Executive the licensee is required to complete the made a party to the proceeding:(2) the Legal Director. U.S. Nuclear Regulatory 3

corrective actions necessary for PAS in nature and extent of the petitioner's Con mission. Washington. D.C. 20555.

order to meet she requirements of property financial, or other interest in and to IIctbert S. Sanger. Jr., Esq NUREG-0737.This system is designed to the proceeding; and (3) the possible General Counsel. Tennessee Valley promptly obtain and perform elfect of any order which may be Authority. 400 Commerce Avenue, radioisotope and chemical an ilysis of entered in the proceeding on the E11033. Knoxville. Tennessee 37902.

reactor coolunt and containment petitioner's interest. The petition should attorney for the licensee.

}

utmosphere samples under degraded also identify the specific aspect (s) of the core accident conditions without subject matter of the proceeding as to Nontimely filings of petitions for leave excessive exposures to plant personnel which petitioner wishes to mtervene, to intervene. amended petitions, who are perfonning the analysis.

Any person who has filed a petition for supplemental petitions and/or requests NUREG-0737. item !!.B.3 provides the leave to mtervene or who has been for hearing will not be entertained criteria for the design and operations of admitted as a party may amend the absent a determination by the a PAS system.,mcluding exposure levels petition without requesting leave of the Commission, the presiding officer or the i

l-In their amendment request the first prehearing conference scheduled m designated to rule on the petition and/or for individual mvolved with PAS.

Board up to fifteen (15) days prior to the Atomic Safety and Licensing Board licensee informed the NRC that a the proceedmg. but such an amended request, that the petitioner has made a portion of the modifications associated petition must satisfy the specificity substantial showing of good cause for with PAS has been determined to be an requirements described above.

the granting of a late petition and/or unreviewed safety question. In Not later that fifteen (15) day prior to request. That determination will be particular, the PAS ventilation design the first prehearing conference based upon a balancmg of the factors had not been previously analyzed in the scheduled in the proceeding, a petitioner specified in 10 CFR 2.714(a)(1)(i)-(v) and licensee's Final Safety Analysis Report.

shall file a supplement to the petition to 2.714(d).

The licensee 4 application for intervene which must include a list of For further details with respect to this amendments was dated November 23 the contentions which are sought to be action. see the applications for and supplemented December 21.1983, litigated in the matter, and the bases for amendments dated November 23 and and January 9 and 10,1984.

each contention set forth with December 21.1983, and january 10.1984.

Prior to issuance of the proposed reasonable specificity. Contentions shall which are available for public license amendments, the Commission be !!mited to matters within the scope of inspection at the Commission's Public will have made findings required by the the amendments under consideration. A Document Room.1717 H Street NW.,

c Atomic Energy Act of1954, as amended petitioner who fails to file such a Washington. D.C. and at the (the Act) and the Commission's supplement which satisfies these Chattanooga-Hamilton County regulations, requirements with respect to at least one Bicentennial Library.1001 Broad Street.

By March 19.1984, the licensee may contention will rot be permitted to Chattanooga, Tennessee 37401.

file a request for a hearing with respect participate as a party.

to issuance of the amendments to the Those permitted to intervene become Dated at Bethesda. Maryland this toth day of February 1984.

subject facilit operating licenses and parties to the proceeding, subject to any any person W ose interest may be limitations in the order granting leave to For the Nuclear Regulatory Commission-affected by this proceeding and who intervene, and have the opportunity to Elinot G. Adensam.

wishes to participate as a party in the participate fully in the conduct of the Chic / Licensing Bmnch No.

  • Dwision of proceeding must file a written petition hearing, includ'ing the opportunity to Licensm#.

for leave to intervene. Request for a present evidence and cross-examine arm on. wu rud a-a-s es-i ns.

hearing and petitions for leave to witnesses.

swwo cooe rieo.ei-as mtervene shall be filed in accordance A request for a hearing or a petition with the Commission's " Rules of for leave to intervene shall he filed with Practice for Domestic Licensing the Secretary of the Commissinn. United t ooctet Hos. so-res and 50-3011

~~~

Proceedings"in 10 CFR Part 2. If a States Nuclear Regulatory Commissinn, mquest fur a hearing or petition for Washington, D.C. 20555. Attention:

Wisconsin Electric Power Co.;

kave to intervene is filed by the above Docketing and Service Branch, or may Consideration of issuance of hte. the Commission or an Atomic be delivered to the Commission's Public Amendment to Facility Operating S.ifety and Licensing Board, designated Document Room.1717 H Street NW..

License and Proposed No Significant 1 v the Commission or by the Chairman Washington. D.C. by the above date.

Hazards Consideration Determination n' the Atnmic Safety and Licensing Where petitions are filed during the last and Opportunity for Hearing hard Panel, will rule on the request ten (10) days of the notice period. it is

-d/or petition and the Secretary or the requested that the petitioner or The U.S. Nuclear Regulatory toff

.. signated Atomic Safety.and Licensing representative for the petitioner Commission (the Comnussion) is N...rd willissue a notice nf hearing or promptly so inform the Commission by a considering issuance of on amendment SU o appropriate order, toll free telephone call to Western to Fucility Operating License Nos. UPR-1-7f 9

As required by 10 CFR 2.714. a Union at (800) 3254000 (in Missouri) 24 nnd DPR-27, issued to Wisconsin

' ell 87 14 r tion for leave to intervene shall set (800) 342-6700. The Western Union Elet.tric Power Company (the licensee).

a on d 4th with particularily the interest of operator should be given Datagram for operatinn of the Point lleach Nuclear 1 sod d e petitioner in the proceeding, and identification Number 3737 and the Plant Units 1 and 2 located in the Town how that interest may be affected by the fnllowing message addressed to Elinor of Two Creeks. Manitowoc County.

'* wits of the proceeding. The petition C. Adensam (petitioner's name and Wisconsin.

T

(

39192 Federal Registzr / Vol. 48. No.168 / Monday. August 2 9. 1 9113 / Notices (Docket No. 50-3951 analyses, and changing the reporting of wishes to participate as a party in the the Nuclear Safety Review Committee proceedmg must file a written petition South Carolina Electric & Gas (NSRC) to the Vice. President. Nuclear for leave to intervene. Request for a Company, South Carolina Public Operations.

hearing and petitions for leave to Service Authority; Consideration of These changes reflect the licensee's intervene shall be filed in accordance issuance of Amendment to Facility efforts to centralize various related with the Commission's " Rules of Operattrig 1.lcense and Proposed no functions within the plant organization Practice for Domestic Licensing Significant Hazards Consideration and reduce the number of personnel Proceedings"in to CFR Part 2. If a Determination and Opportunity for reporting directly to the Director.

request for a hearing or petition for Hearing Nuclear Plant Operations. llowever.

leave to intervene is filed by the above The U.S. Nuclear Regulatory liealth Physics supervision will still date, the Commission or an Atomic Commission (the Commission)is have direct access to the Director.

Safety and Licensing Board. designated considering issuance of an amendment Nuclear Plant Operations. in matters by the Commission or by the Chairman to Facility Operating License No. NPF-c neerning any phase of radio!ogical of the Atomic Safety and Licensing

12. issued to South Carolina Electric &

protechon and the normal cham of Board Panel, will rule on the request Gas Company and South Carolina authority at the plant will be similar to and/or petition and the Secretary or the Public Service Authority (the licensees).

the current cham, of authority. Also.

designated Atomic Safety and Licensing for operation of the Virgil C. Summer these changes to both the Corporate and Daard willissue a notice of hcan: g or Nuclear Station. Unit 1. located in Plant organizations do not affect the an appropriate order.

Fairfield County. South Carolina.

basic responsibilities of the vanous -

As required by 10 CFR 2J14. a The arnendment would change the groups. only the management structure petition for leave to mtersene shall set Technical Specifications to refiect f the organizations. Also, all personnel changes in the licensee's nuclear designated to the new positions will forth with particularity the interest of organization structure. These changes have appropriate quahfications for those the petitioner in the proceeding, and result from upper management efforts to positions.

how that interest may be affected by the institute a direct communication The Commission has provided results of the proceeding.The petition should specifically explain the reasons channel with Plant Operations, and to

["f,]'da dbo dg th a plica. -on of why intervention should be permitt,ed centralire management of other nuclear c

"8 with particular teference to the

. ense amendments inde no departments outside Quality Assurance and Plant Operations in accordance sigmficant hazards considerations by follow ng factors:(1)The nature of the with the licensees

  • application for providing certam exartples (48 FR pet tioner's right under the Act to be made a party to the proceeding:(2) the amendment dated July 22.1983.

[s nature and extent of the petitioner's,

'8 match a of e

s' Before issuance of the proposed

" * "'I' P' PY' ding: and'"(3) the possible license amendment. the Commission liowever, the staff has reviewed the the procee will have made findings required by the licensee's request for the above

""Y""'

' ** Y '

Atomic Energy Act of1954. as amended amendment and has determined that

.' M """ 9' (the Act)and the Commission's should this request be implemented. it UI'.dentify the specific aspect (s) of th ner s interest. The petition should regulations.

w 11 not:(1) Involve a significant P

als i

" at The Commission has made a proposed increase in the probability or determination that the amendment consequences of an accident previously suMeet matter of the proceeding as to request involves no significant hazards evaluated (2) create the possibility of a which petitioner wishes to intervene.

consideration. Under the Commission's new or different kind of accident from Any pers,on who has filed a petition for leavet mtegene w has been regulations in 10 CFR 50.92 this means any accident previously evaluated or (3) that operation of the facility in involve a significant reduction in a admitted as a party may amend the accordance with the proposed margin of safety. Accordingly, the petiti n with ut requesting leave of the amendment would not:(1)lnvolve a Commission proposes to determine that B ard up to fifteen (15) days prior to the this change does not involve a first prehearing conference scheduled,m significant increase in the probability or significant hazards consideration.

the proceeding. but such an amended consequences of an accident previouslY The Commission is seeking public pehu n must satisfy the specificity evaluated: or (2) create the possibility of comments on this proposed requirements describbd 'above.

a new or different kind of accident from detennination. Any comments received Not later than fifteen (15) days prior to l

any accident previously evaluated: or (3) within 30 days after the date of the first prehearing conference involve a significant reduction in a publicatiortof this notice will be scheduled in the proceeding, a petitioner margin of safety.

considered in making any final shall file a supplement to the petition to The Technical Specification determination. The Commission will not intervene which must include a list of amendment requested involves changes normally make a final determination the contentions which are sought to be to the structure of the licensee's nuclear unless it receives a request for a litigated in the matter, and the bases for organization.The changes involve the hearing.

each contention set forth with Director Nuclear Plant Operations.

Comments should be addressed to the reasonable specificity. Contentions shall reporting to the Vice-President Nuclear Secretary of the Commission. U.S.

be limited to matters within the scope of Operations. decreasing the number of Nuclear Regulatory Commission, the amendment under consideration. A personnel reporting directly to the Washington. D.C. 20555. Attn: Docketing petitioner who fails to file such a Director. Nuclear Plant Operations from and Service Branch.

supplement which satisfied these 4 to 3. creation of a Director. Nuclear By September 28.1983, the licensee requirements with respect to at least one Services. reporting to the Vice-President, may file a request for a hearing with contention will not be permitted to Nuclear Operations. location of a respect to issuance of the amendment to participate as a party.

Principal Engineer Nuclear Safety to the subject facility operating license and Those permitted to intervene become review generic and unresolved safety any person whose interest may be parties to the proceeding. subject to any issues, industry studies, and risk affected by this proceeding and who hmitations in the order granting leave to l

L-

r t

'\\

Fed:rri R: gist:r / Vol. 48. No. Iti8 / Monday. August 29. 1903 / Notices 39193 intervene, and have the opportunity to sent to the Executive Legal Director.

Region Vil Advisory Council, participate fully in the conduct of the U.S. Nuclear Regulatory Commission.

Nebraska; Pubile Meeting h aring. including the opportunity to Washington. D.C. 20555, and to The Sma'l Business Adrm.. tration nis present evidence and cross examine Randolph R. Mahan. P.O. Box 764.

witnesses.

Columbia. South Carolina. 29218.

Region VII Advisory Council. located,m If a hearing is requested, the attorney for the licensee.

the geographical area of Ornaha.

Commission will make a final Nontimely filings of petitions for leave Nebraska will hold a pubhc meet,ng i

determination on the issue of no to intervene, amended petitions, from 9:30 a.m. to 2:30 p.m. on Monday, significant hazards consideration. The supplemental petitions and/or requests September 19.1983, in the Conference Room. Omaha District Office. U.S. Small final determination will serve to decide for hearing will not be entertained when the hearing is held.

absent a determination by the Business Administration.19th and

.A If the final determination is that the Commission. the presiding officer or the Farnam. Omaha, Nebraska. to discuss amendment request involves no Atomic Safety and Licensing Board such business as may be presented by significant hazards consideration. th*

designated to rule on the petition and/or members. the staff of the U.S. Small Commission may issue the amendment request, that the petitioner has made a Business Administration, and others

' cnd make it effective, notwithstanding-substantial showing of good cause for.

attending.

the request for a hearing. Any hearing held would take place after issuance of, the granting of a late petition and/or For further information, write or call request. That determination will be Rick Budd. District Director. U.S. Small thi amendment.

based upon a balancing of the factors Business Administration.19th and if the fingt determination is that the specfied in 10 CFR 2.714(a)(1) liHv) and Farnam. Omaha. Nebraska 68102-402/

amendment involves a sigmficant

- 2.714(d).

221 ';620.

hazards consideration. any hearing held For further details with respect to this Jean M. Nowak.

wIuld take place before the issuance of action, see the application for Director. Office o/ A dvisory Councds.

cny amendment.

amendment which is available for public August 22. uas.

Normally, the Commission will not nspection at the Commission's Public I""* " " " "'#

issue the amendment until the Document Room.1717 H Street. NW.,

expiration of the 30. day notice pen. d.

Washington D.C., and at the Fairfield o

H; wever. should circumstances change County Library Garden and Washington Streets. Winnsboro. South Las Vegas District AdvisorwC "- "

o eti at wa uld r suit. r Carolina 29218.

example. in derating or shutdown of the Nevada; Public Meeting facility. the Commission may issue the Dated at hesda. Maryland. this 23rd day e p ratio o he 3 day no ce period.

For the Nuct r Regulatory Commissions.

Las Vegas strict dviso ou cil will provided that its final determination is Elinor G. Adensam.

1983, at the Small Business thit the amendment involves no.

Chief. Ucensins Bmnch No.

  • Division of Administratiordocated at 301 E.

significant hazards consideration. The Lcensing.

Stewart. Downtown Station. Post Office, final determination will consider all in on suzwn u e-w au..l 3rd Floor. Las Vegas. Nevada. from 10:00 pubh,c and State comments received.

seuno cooe tsm a.m. to 12.00 noon to discuss such Should the Commission take this action.

it will publish a notice ofissuance and matters as may be presented by Council members, staff of the SmallBusiness provide for opportunity for a hearing SMALL BUSINESS ADMINISTRATION Administration. or others present.

after issuance.The Commission expects gg gg th;t the need to take this action will Region Vill Advisory Council.

IInda Davis Secretary for District occur very infrequently.

Montana; Public Meeting A request for a hearing or a petition D.irector U.S.SmallBusiness for lease to intervene must be filed with The Small Business Admimstration,

Administration. 301 E. Stewart. Las tha Secretary of the Commission. U.S.

Region Vill Advisory Council. located in Vegas. Nevada 89101 or call (702) 385-Nuclear Regulatory Commission, the geographical area of Helena.

6611.

Washington. D.C. 20555. Attention:

Montana, will hold a pubhc meeting at

[ean M. Nowak.

I Dicketing and Service Bran'sh, or may 9:30 a.m. on Friday. October 7,1983, at Director. Office ofA dvsory Councils.

b) delivered to the Commission's Public the Federal Office Building. 301 South Document Room.1717 H Street. NW Park. Room 289. Helena. Montana. to.

ugus 9

p Washington. D.C., by the above date.

discuss such matters as may be Where petitions are filed during the last presented by members, staff of the U.S.

tin (10) days of the notice period. itis Small Business Administration. or requested that the petitioner promptly so others present.

inform the Commission by a to!!. free For further information. wnte or call Region 11 Advisory Council, New York; p

g 9

telephone call to Western Union at (800)

[ohn R. Cronholm. District Director. U.S.

325-e000 (in Missouri (8001342-6700).

Smal1 Business Administration. Federal The Small Dusiness Administration The Western Union operator should be Office Building. 301 South Park. Drawer Region II Advisory Council located in given Datagram Identification Number 10054. Helena. Montana 59626-(400) the geographical area of New York, will 3737 and the following message 449-5381.

hold a public meeting at 9:30 a.m..

cddressed to Elinor C. Adensam:

lean M. Nowak.

Tuesday. September 27,1983, at the petitioner's nam and telephone Director. Office ofAdrisory Couneds.

[acob K. lavits Federal Building.28 numben date pet tion was mail (d: plant August 23.1983.

Federal Plaza. Room 305b (3rd floor).

n:me: and publication date and page in om aucmue ru.s e-as4= ses..t New York.New York.to discuss such number of this Federal Register notice.

eenecoosoor m matters as may be presented by A copy of the petition should also be members, staff of the U.S.Small i

!