Commonwealth Edison Company; Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing

[Federal Register Volume 62, Number 244 (Friday, December 19, 1997)]
[Notices]
[Pages 66697-66699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33230]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. STN 50-454, STN 50-455, STN 50-456 AND STN 50-457]


Commonwealth Edison Company; 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 Nos. 
NPF-37, NPF-66, NPF-72 and NPF-77 issued to Commonwealth Edison Company 
(the licensee) for operation of Byron Station, Units 1 and 2, located 
in Ogle County, Illinois and Braidwood Station, Units 1 and 2, located 
in Will County, Illinois.
    The amendment would amend the Technical Specifications (TS) related 
to ``Containment Vessel Structural Integrity,'' to incorporate the 
requirements of 10 CFR 50.55a(b)(2)(vi) and 10 CFR 50.55a(b)(2)(ix) and 
update the existing Containment Vessel Structural Integrity Programs to 
meet the requirements found in Subsection IWL of the 1992 Edition, 1992 
Addenda of the American Society of Mechanical Engineers (ASME) Boiler 
and Pressure Vessel Code (Code) Section XI. The proposed amendment 
would also incorporate Regulatory Guide 1.35.1, 1990, ``Determination 
Prestressing Forces for Inspection of Prestressed Concrete 
Containment.''
    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 10 CFR 50.92, this means that operation of 
the facility in accordance with the proposed amendment would not (1) 
involve a significant increase in the probability or consequences of an 
accident previously evaluated; or (2) create the possibility of a new 
or different kind of accident from any accident previously evaluated; 
or (3) involve a significant reduction in a margin of safety. As 
required by 10 CFR 50.91(a), the licensee has provided its analysis of 
the issue of no significant hazards consideration, which is presented 
below:

    1. The proposed change does not involve a significant increase 
in the probability or consequences of an accident previously 
evaluated.
    The proposed changes revise the surveillance requirements for 
containment reinforced concrete and unbonded post-tensioning systems 
inservice examinations as required by 10 CFR 50.55a(b)(2)(vi) and 10 
CFR 50.55a(b)(2)(ix). The revised requirements affect the inservice 
inspection program designed to detect structural degradation of the 
containment reinforced concrete and unbonded post-tensioning systems 
program and do not affect the function of the containment reinforced 
concrete and the unbonded post-tensioning system components. The 
reinforced concrete and the unbonded post-tensioning system are 
passive components whose failure modes

[[Page 66698]]

could not act as accident initiators or precursors.
    The proposed changes do not impact any accident initiators or 
analyzed events or assumed mitigation of accident or transient 
events. They do not involve the addition or removal of any 
equipment, or any design changes to the facility. Therefore, this 
proposed amendment does not involve a significant increase in the 
probability or 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 proposed changes do not involve a modification to the 
physical configuration of the plant (i.e., no new equipment will be 
installed) or change in the methods governing normal plant 
operation. The proposed changes will not impose any new or different 
requirements or introduce a new accident initiator or precursor or 
malfunction mechanism. The proposed changes provide an NRC-approved 
ASME Code inspection/testing methodology to assure age-related 
degradation of the containment structure will not go undetected. The 
function of the containment reinforced concrete and the unbonded 
post-tentioning system components are not altered by this change. 
Additionally, there is no change in the types or increase in the 
amounts of any effluent that may be released offsite; and there is 
no increase in individual or cumulative occupational radiation 
exposure. Therefore, the possibility of a new or different kind of 
accident from any previously evaluated has not been created.
    3. The proposed change does not involve a significant reduction 
in a margin of safety.
    The proposed changes revise the surveillance requirements for 
containment reinforced concrete and unbonded post-tensioning systems 
inservice examinations and tests contained in the referenced TS as 
required by 10 CFR 50.55a(b)(2)(vi) and 10 CFR 50.55a(b)(2)(ix). The 
proposed changes do not affect the ability of containment to 
mitigate design basis accidents, and, therefore, do not result in a 
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 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 January 20, 1998, 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: for Byron, located at the Byron Public 
Library District, 109 N. Franklin, P.O. Box 434, Byron, Illinois 61010; 
for Braidwood, the Wilmington Public Library, 201 S. Kankakee Street, 
Wilmington, Illinois 60481. 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

[[Page 66699]]

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, the Gelman Building, 2120 L Street, NW., Washington, DC, 
by the above date. A copy of the petition should also be sent to the 
Office of the General Counsel, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, and to Michael I. Miller, Esquire; Sidley 
and Austin, One First National Plaza, Chicago, Illinois 60603, 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 June 17, 1997, 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 rooms: for Byron, located at the Byron Public Library 
District, 109 N. Franklin, P.O. Box 434, Byron, Illinois 61010; for 
Braidwood, the Wilmington Public Library, 201 S. Kankakee Street, 
Wilmington, Illinois 60481.

    Dated at Rockville, Maryland, this 12th day of December, 1997.

    For the Nuclear Regulatory Commission.
George Dick, Jr.,
Project Manager Project Directorate III-2 Division of Reactor 
Projects--III/IV Office of Nuclear Reactor Regulation.
[FR Doc. 97-33230 Filed 12-18-97; 8:45 am]
BILLING CODE 7590-01-P