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Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Notices 78469
considering issuance of an amendment configuration or operation, and does not add of Administrative Services, Office of
to Facility Operating License No. NPF– or affect any accident initiator. Administration, U.S. Nuclear Regulatory
76, issued to STP Nuclear Operating Therefore, STPNOC concludes that there is Commission, Washington, DC 20555–
no significant increase in the probability or
Company (STPNOC/the licensee), for 0001, and should cite the publication
consequences of an accident previously
operation of the South Texas Project, evaluated. date and page number of this Federal
Unit 1, located in Matagorda County, (2) Does the proposed change create the Register notice. Written comments may
Texas. possibility of a new or different kind of also be delivered to Room 6D59, Two
The proposed amendment, for a one- accident from any accident previously White Flint North, 11545 Rockville
time exigent change, would revise evaluated? Pike, Rockville, Maryland, from 7:30
Technical Specification (TS) 3.3.2 Response: No. a.m. to 4:15 p.m. Federal workdays.
requirements for loss of power (LOP) The proposed change does not change the Documents may be examined, and/or
plant design basis, system configuration or
instrumentation (Functional Unit 8). TS copied for a fee, at the NRC’s Public
operation, and does not add or affect any
3.3.2, Table 3.3–3 ACTION 20 applies to accident initiator. Document Room, located at One White
the LOP instrumentation. Since the LOP Therefore, STPNOC concludes the Flint North, Public File Area O1 F21,
instrumentation channels do not have proposed change does not create the 11555 Rockville Pike (first floor),
an installed bypass capability, STPNOC possibility of a new or different kind of Rockville, Maryland.
proposes to add a note to ACTION 20 accident from any accident previously The filing of requests for hearing and
to establish a one-time provision for evaluated. petitions for leave to intervene is
(3) Does the proposed change involve a discussed below.
corrective maintenance on the Unit 1 significant reduction in a margin of safety?
Train A channel. Within 60 days after the date of
Response: No. publication of this notice, the licensee
Exigent Approval of the proposed TS No actual plant equipment or accident
change is justified because the failure analyses will be affected by the proposed may file a request for a hearing with
that caused the inoperable channel change. Additionally, the proposed changes respect to issuance of the amendment to
could not reasonably have been will not relax any criteria used to establish the subject facility operating license and
anticipated. In addition, STPNOC has safety limits, will not relax any safety any person whose interest may be
requested a one-time change because it systems settings, and will not relax the bases affected by this proceeding and who
for any limiting conditions of operation. wishes to participate as a party in the
has included the LOP instrumentation Therefore, STPNOC concludes the proposed
in its broad-scope risk-managed TS proceeding must file a written request
changes do not involve a significant for a hearing and a petition for leave to
application, which will be the reduction in the margin of safety.
permanent TS resolution. STPNOC has intervene. Requests for a hearing and a
The NRC staff has reviewed the petition for leave to intervene shall be
promptly prepared and submitted this
licensee’s analysis and, based on this filed in accordance with the
proposed amendment to the Unit 1 TS.
Before issuance of the proposed review, it appears that the three Commission’s ‘‘Rules of Practice for
license amendment, the Commission standards of 10 CFR 50.92(c) are Domestic Licensing Proceedings and
will have made findings required by the satisfied. Therefore, the NRC staff Issuance of Orders’’ in 10 CFR Part 2.
Atomic Energy Act of 1954, as amended proposes to determine that the Interested persons should consult a
(the Act) and the Commission’s amendment request involves no current copy of 10 CFR 2.309, which is
regulations. significant hazards consideration. available at the Commission’s PDR,
Pursuant to 10 CFR 50.91(a)(6) for The Commission is seeking public located at One White Flint North, Public
amendments to be granted under comments on this proposed File Area O1 F21, 11555 Rockville Pike
exigent circumstances, the NRC staff determination. Any comments received (first floor), Rockville, Maryland.
must determine that the amendment within 14 days after the date of Publicly available records will be
request involves no significant hazards publication of this notice will be accessible from the Agencywide
consideration. Under the Commission’s considered in making any final Documents Access and Management
regulations in 10 CFR 50.92, this means determination. System’s (ADAMS) Public Electronic
Normally, the Commission will not Reading Room on the Internet at the
that operation of the facility in
issue the amendment until the NRC Web site, http://www.nrc.gov/
accordance with the proposed
expiration of the 14-day notice period. reading-rm/doc-collections/cfr/. If a
amendment would not (1) involve a
However, should circumstances change request for a hearing or petition for
significant increase in the probability or
during the notice period, such that leave to intervene is filed by the above
consequences of an accident previously
failure to act in a timely way would date, the Commission or a presiding
evaluated; or (2) create the possibility of
result, for example, in derating or officer designated by the Commission or
a new or different kind of accident from
shutdown of the facility, the by the Chief Administrative Judge of the
any accident previously evaluated; or
Commission may issue the license Atomic Safety and Licensing Board
(3) involve a significant reduction in a
amendment before the expiration of the Panel, will rule on the request and/or
margin of safety. As required by 10 CFR
14-day notice period, provided that its petition; and the Secretary or the Chief
50.91(a), the licensee has provided its
final determination is that the Administrative Judge of the Atomic
analysis of the issue of no significant
amendment involves no significant Safety and Licensing Board will issue a
hazards consideration, which is
hazards consideration. The final notice of a hearing or an appropriate
presented below:
determination will consider all public order.
(1) Does the proposed change involve a and State comments received. Should As required by 10 CFR 2.309, a
significant increase in the probability or the Commission take this action, it will petition for leave to intervene shall set
consequences of an accident previously publish in the Federal Register a notice forth with particularity the interest of
evaluated? the petitioner in the proceeding, and
of issuance. The Commission expe cts
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Response: No.
The proposed change to add a note to that the need to take this action will how that interest may be affected by the
ACTION 20 for a one-time change to allow occur very infrequently. results of the proceeding. The petition
corrective maintenance on the Unit 1 Train Written comments may be submitted should specifically explain the reasons
A loss of power instrumentation does not by mail to the Chief, Rulemaking, why intervention should be permitted
change the plant design basis, system Directives and Editing Branch, Division with particular reference to the
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78470 Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Notices
following general requirements: (1) The take place before the issuance of any telephone at 1–800–397–4209, or 301–
name, address and telephone number of amendment. 415–4737, or by e-mail to pdr@nrc.gov.
the requestor or petitioner; (2) the Nontimely requests and/or petitions Dated at Rockville, Maryland, this 22nd
nature of the requestor’s/petitioner’s and contentions will not be entertained day of December 2006.
right under the Act to be made a party absent a determination by the For the Nuclear Regulatory Commission.
to the proceeding; (3) the nature and Commission or the presiding officer of Mohan C. Thadani,
extent of the requestor’s/petitioner’s the Atomic Safety and Licensing Board Senior Project Manager, Plant Licensing
property, financial, or other interest in that the petition, request and/or the Branch IV, Division of Operating Reactor
the proceeding; and (4) the possible contentions should be granted based on Licensing, Office of Nuclear Reactor
effect of any decision or order which a balancing of the factors specified in 10 Regulation.
may be entered in the proceeding on the CFR 2.309(c)(1)(i)–(viii). [FR Doc. E6–22390 Filed 12–28–06; 8:45 am]
requestor’s/petitioner’s interest. The A request for a hearing or a petition BILLING CODE 7590–01–P
petition must also identify the specific for leave to intervene must be filed by:
contentions which the petitioner/ (1) First class mail addressed to the
requestor seeks to have litigated at the Office of the Secretary of the NUCLEAR REGULATORY
proceeding. Commission, U.S. Nuclear Regulatory COMMISSION
Each contention must consist of a Commission, Washington, DC 20555–
specific statement of the issue of law or 0001, Attention: Rulemaking and Advisory Committee on Reactor
fact to be raised or controverted. In Adjudications Staff; (2) courier, express Safeguards; Meeting Notice
addition, the petitioner/requestor shall mail, and expedited delivery services:
provide a brief explanation of the bases In accordance with the purposes of
Office of the Secretary, Sixteenth Floor, Sections 29 and 182b. of the Atomic
for the contention and a concise One White Flint North, 11555 Rockville
statement of the alleged facts or expert Energy Act (42 U.S.C. 2039, 2232b), the
Pike, Rockville, Maryland, 20852, Advisory Committee on Reactor
opinion which support the contention Attention: Rulemaking and
and on which the petitioner intends to Safeguards (ACRS) will hold a meeting
Adjudications Staff; (3) E-mail on February 1–3, 2007, 11545 Rockville
rely in proving the contention at the
addressed to the Office of the Secretary, Pike, Rockville, Maryland. The date of
hearing. The petitioner/requestor must
U.S. Nuclear Regulatory Commission, this meeting was previously published
also provide references to those specific
HEARINGDOCKET@NRC.GOV; or (4) in the Federal Register on Wednesday,
sources and documents of which the
facsimile transmission addressed to the November 15, 2006 (71 FR 66561).
petitioner/requestor is aware and on
Office of the Secretary, U.S. Nuclear
which the petitioner/requestor intends Thursday, February 1, 2007,
Regulatory Commission, Washington,
to rely to establish those facts or expert Conference Room T–2B3, Two White
DC, Attention: Rulemakings and
opinion. The petitioner/requestor must Flint North, Rockville, Maryland
Adjudications Staff at (301) 415–1101,
provide sufficient information to show
verification number is (301) 415–1966. 8:30 A.M.–8:35 A.M.: Opening Remarks
that a genuine dispute exists with the
applicant on a material issue of law or A copy of the request for hearing and by the ACRS Chairman (Open)—The
fact. Contentions shall be limited to petition for leave to intervene should ACRS Chairman will make opening
matters within the scope of the also be sent to the Office of the General remarks regarding the conduct of the
amendment under consideration. The Counsel, U.S. Nuclear Regulatory meeting.
contention must be one which, if Commission, Washington, DC 20555–
8:35 A.M.–11:15 A.M.: Final Review of
proven, would entitle the petitioner/ 0001, and it is requested that copies be
the Power Uprate Application for the
requestor to relief. A petitioner/ transmitted either by means of facsimile
Browns Ferry Nuclear Plant, Unit 1
requestor who fails to satisfy these transmission to 301–415–3725 or by e-
(Open/Closed)—The Committee will
requirements with respect to at least one mail to OGCMailCenter@nrc.gov. A copy
hear presentations by and hold
contention will not be permitted to of the request for hearing and petition
discussions with representatives of
participate as a party. for leave to intervene should also be
the NRC staff and Tennessee Valley
Those permitted to intervene become sent to A. H. Gutterman, Esq., Morgan,
Authority (TVA) regarding the 5%
parties to the proceeding, subject to any Lewis & Bockius, 1111 Pennsylvania
power uprate application for Browns
limitations in the order granting leave to Avenue, NW., Washington, DC 20004,
Ferry Nuclear Plant, Unit 1 and the
intervene, and have the opportunity to attorney for the licensee.
associated NRC staff’s final Safety
participate fully in the conduct of the For further details with respect to this Evaluation.
hearing. action, see the application for
If a hearing is requested, the amendment dated December 20, 2006, [Note: A portion of this session will be
which is available for public inspection closed to protect information that is
Commission will make a final
proprietary to General Electric, TVA, and
determination on the issue of no at the Commission’s Public Document their contractors pursuant to 5 U.S.C.
significant hazards consideration. The Room (PDR), located at One White Flint 552b(c)(4).]
final determination will serve to decide North, Public File Area O1 F21, 11555
when the hearing is held. If the final Rockville Pike (first floor), Rockville, 12:45 P.M.–3:30 P.M.: Final Review of
determination is that the amendment Maryland. Publicly available records the License Renewal Application for
request involves no significant hazards will be accessible electronically from the Oyster Creek Generating Station
consideration, the Commission may the Agencywide Documents Access and (Open)—The Committee will hear
issue the amendment and make it Management System’s (ADAMS) Public presentations by and hold discussions
immediately effective, notwithstanding Electronic Reading Room on the Internet with representatives of the NRC staff
the request for a hearing. Any hearing at the NRC web site http://www.nrc.gov/ and AmerGen Energy Company, LLC.
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held would take place after issuance of reading-rm.html. Persons who do not regarding the license renewal
the amendment. If the final have access to ADAMS or who application for the Oyster Creek
determination is that the amendment encounter problems in accessing the Generating Station and the associated
request involves a significant hazards documents located in ADAMS should NRC staff’s final Safety Evaluation
consideration, any hearing held would contact the NRC PDR Reference staff by Report.
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