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Federal Register / Vol. 62, No. 28 / Tuesday, February 11, 1997 / Notices6277Services, Office of Administration, U.S.Nuclear Regulatory Commission,Washington, DC 20555–0001, andshould cite the publication date andpage number of this Federal Registernotice. Written comments may also bedelivered to Room 6D22, Two WhiteFlint North, 11545 Rockville Pike,Rockville, Maryland, from 7:30 a.m. to4:15 p.m. Federal workdays. Copies ofwritten comments received may beexamined at the NRC Public DocumentRoom, the Gelman Building, 2120 LStreet, NW., Washington, DC.The filing of requests for hearing andpetitions for leave to intervene isdiscussed below.By March 13, 1997, the licensee mayfile a request for a hearing with respectto issuance of the amendment to thesubject facility operating license andany person whose interest may beaffected by this proceeding and whowishes to participate as a party in theproceeding must file a written requestfor a hearing and a petition for leave tointervene. Requests for a hearing and apetition for leave to intervene shall befiled in accordance with theCommission’s ‘‘Rules of Practice forDomestic Licensing Proceedings’’ in 10CFR Part 2. Interested persons shouldconsult a current copy of 10 CFR 2.714which is available at the Commission’sPublic Document Room, the GelmanBuilding, 2120 L Street, NW.,Washington, DC, and at the local publicdocument room located at theChattanooga-Hamilton County Library,1001 Broad Street, Chattanooga,Tennessee 37402. If a request for ahearing or petition for leave to interveneis filed by the above date, theCommission or an Atomic Safety andLicensing Board, designated by theCommission or by the Chairman of theAtomic Safety and Licensing BoardPanel, will rule on the request and/orpetition; and the Secretary or thedesignated Atomic Safety and LicensingBoard will issue a notice of hearing oran appropriate order.As required by 10 CFR 2.714, apetition for leave to intervene shall setforth with particularity the interest ofthe petitioner in the proceeding, andhow that interest may be affected by theresults of the proceeding. The petitionshould specifically explain the reasonswhy intervention should be permittedwith particular reference to thefollowing factors: (1) the nature of thepetitioner’s right under the Act to bemade party to the proceeding; (2) thenature and extent of the petitioner’sproperty, financial, or other interest inthe proceeding; and (3) the possibleeffect of any order which may beentered in the proceeding on thepetitioner’s interest. The petition shouldalso identify the specific aspect(s) of thesubject matter of the proceeding as towhich petitioner wishes to intervene.Any person who has filed a petition forleave to intervene or who has beenadmitted as a party may amend thepetition without requesting leave of theBoard up to 15 days prior to the firstprehearing conference scheduled in theproceeding, but such an amendedpetition must satisfy the specificityrequirements described above.Not later than 15 days prior to the firstprehearing conference scheduled in theproceeding, a petitioner shall file asupplement to the petition to intervenewhich must include a list of thecontentions which are sought to belitigated in the matter. Each contentionmust consist of a specific statement ofthe issue of law or fact to be raised orcontroverted. In addition, the petitionershall provide a brief explanation of thebases of the contention and a concisestatement of the alleged facts or expertopinion which support the contentionand on which the petitioner intends torely in proving the contention at thehearing. The petitioner must alsoprovide references to those specificsources and documents of which thepetitioner is aware and on which thepetitioner intends to rely to establishthose facts or expert opinion. Petitionermust provide sufficient information toshow that a genuine dispute exists withthe applicant on a material issue of lawor fact. Contentions shall be limited tomatters within the scope of theamendment under consideration. Thecontention must be one which, ifproven, would entitle the petitioner torelief. A petitioner who fails to file sucha supplement which satisfies theserequirements with respect to at least onecontention will not be permitted toparticipate as a party.Those permitted to intervene becomeparties to the proceeding, subject to anylimitations in the order granting leave tointervene, and have the opportunity toparticipate fully in the conduct of thehearing, including the opportunity topresent evidence and cross-examinewitnesses.If a hearing is requested, theCommission will make a finaldetermination on the issue of nosignificant hazards consideration. Thefinal determination will serve to decidewhen the hearing is held.If the final determination is that theamendment request involves nosignificant hazards consideration, theCommission may issue the amendmentand make it immediately effective,notwithstanding the request for ahearing. Any hearing held would takeplace after issuance of the amendment.If the final determination is that theamendment request involves asignificant hazards consideration, anyhearing held would take place beforethe issuance of any amendment.A request for a hearing or a petitionfor leave to intervene must be filed withthe Secretary of the Commission, U.S.Nuclear Regulatory Commission,Washington, DC 20555–0001, Attention:Docketing and Services Branch, or maybe delivered to the Commission’s PublicDocument Room, the Gelman Building,2120 L Street, NW., Washington, DC, bythe above date. Where petitions are filedduring the last 10 days of the noticeperiod, it is requested that the petitionerpromptly so inform the Commission bya toll-free telephone call to WesternUnion at 1 (800) 248–5100 (in Missouri1 (800) 342–6700). The Western Unionoperator should be given DatagramIdentification Number N1023 and thefollowing message addressed toFrederick J. Hebdon: Petitioner’s nameand telephone number, date petitionwas mailed, plant name, andpublication date and page number ofthis Federal Register notice. A copy ofthe petition should also be sent to theOffice of the General Counsel, U.S.Nuclear Regulatory Commission,Washington, DC 20555–0001, and toGeneral Counsel, Tennessee ValleyAuthority, ET 11H 400 West SummitHill Drive, Knoxville, Tennessee 37902,attorney for the licensee.Nontimely filings of petitions forleave to intervene, amended petitions,supplemental petitions and/or requestsfor hearing will not be entertainedabsent a determination by theCommission, the presiding officer or thepresiding Atomic Safety and LicensingBoard that the petition and/or requestshould be granted based upon abalancing of the factors specified in 10CFR 2.714(a)(1) (i)–(v) and 2.714(d).For further details with respect to thisaction, see the application foramendment dated October 18, 1996,which is available for public inspectionat the Commission’s Public DocumentRoom, the Gelman Building, 2120 LStreet, NW., Washington, DC, and at thelocal public document room located atthe Chattanooga-Hamilton CountyLibrary, 1001 Broad Street, Chattanooga,Tennessee 37402.
6278 Federal Register / Vol. 62, No. 28 / Tuesday, February 11, 1997 / NoticesDated at Rockville, Maryland, this 5th dayof February 1997.Ronald W. Hernan,Senior Project Manager, Project DirectorateII–3, Division of Reactor Projects—I/II, Officeof Nuclear Reactor Regulation.[FR Doc. 97–3321 Filed 2–10–97; 8:45 am]BILLING CODE 7590–01–P[Docket 70–7002]Notice of Amendment to Certificate ofCompliance GDP–2 for the U.S.Enrichment Corporation, PortsmouthGaseous Diffusion Plant, Portsmouth,OHThe Director, Office of NuclearMaterial Safety and Safeguards, hasmade a determination that the followingamendment request is not significant inaccordance with 10 CFR 76.45. Inmaking that determination, the staffconcluded that: (1) There is no changein the types or significant increase inthe amounts of any effluents that may bereleased offsite; (2) there is nosignificant increase in individual orcumulative occupational radiationexposure; (3) there is no significantconstruction impact; (4) there is nosignificant increase in the potential for,or radiological or chemicalconsequences from, previously analyzedaccidents; (5) the proposed changes donot result in the possibility of a new ordifferent kind of accident; (6) there is nosignificant reduction in any margin ofsafety; and (7) the proposed changeswill not result in an overall decrease inthe effectiveness of the plant’s safety,safeguards, or security programs. Thebasis for this determination for theamendment request is described below.The NRC staff has reviewed thecertificate amendment application andconcluded that it provides reasonableassurance of adequate safety, safeguards,and security and compliance with NRCrequirements. Therefore, the Director,Office of Nuclear MaterialSafety and Safeguards, is prepared toissue an amendment to the Certificate ofCompliance for the Portsmouth GaseousDiffusion Plant (PORTS). The staff hasprepared a Compliance EvaluationReport which provides details of thestaff’s evaluation.The NRC staff has determined thatthis amendment satisfies the criteria fora categorical exclusion in accordancewith 10 CFR 51.22. Therefore, pursuantto 10 CFR 51.22(b), no environmentalimpact statement or environmentalassessment need be prepared for thisamendment.USEC or any person whose interestmay be affected may file a petition, notexceeding 30 pages, requesting reviewof the Director’s Decision. The petitionmust be filed with the Commission notlater than 15 days after publication ofthis Federal Register Notice. A petitionfor review of the Director’s Decisionshall set forth with particularity theinterest of the petitioner and how thatinterest may be affected by the results ofthe decision. The petition shouldspecifically explain the reasons whyreview of the Decision should bepermitted with particular reference tothe following factors: (1) The interest ofthe petitioner; (2) how that interest maybe affected by the Decision, includingthe reasons why the petitioner shouldbe permitted a review of the Decision;and (3) the petitioner’s areas of concernabout the activity that is the subjectmatter of the Decision. Any persondescribed in this paragraph (USEC orany person who filed a petition) mayfile a response to any petition forreview, not to exceed 30 pages, within10 days after filing of the petition. If nopetition is received within thedesignated 15-day period, the Directorwill issue the final amendment to theCertificate of Compliance withoutfurther delay. If a petition for review isreceived, the decision on theamendment application will becomefinal in 60 days, unless the Commissiongrants the petition for review orotherwise acts within 60 days afterpublication of this Federal RegisterNotice.A petition for review must be filedwith the Secretary of the Commission,U.S. Nuclear Regulatory Commission,Washington, DC 20555–0001, Attention:Docketing and Services Branch, or maybe delivered to the Commission’s PublicDocument Room, the Gelman Building,2120 L Street, NW, Washington, DC, bythe above date.For further details with respect to theaction see: (1) The application foramendment and (2) the Commission’sCompliance Evaluation Report. Theseitems are available for public inspectionat the Commission’s Public DocumentRoom, the Gelman Building, 2120 LStreet, NW, Washington, DC, and at theLocal Public Document Room.Date of amendment request:November 8, 1996, as modified by USECresponses dated December 13, 1996, andJanuary 16, 1997, to NRC requests foradditional information dated November29, 1996, and December 31, 1996,respectively.Brief description of amendment: Theamendment changes the TechnicalSafety Requirement (TSR) StandbyOperational Mode definition for the UF6Withdrawal Stations by allowing thecompression loop vent path to thecascade to be open. It should be notedthat venting of the Withdrawal Stationcompression loop to the cascade isroutinely done at PORTS. However,accounting for this procedure wasinadvertently left out of the StandbyOperational Mode definition by USECfrom its proposed TSRs which havebeen approved by the NRC.Basis for finding of no significance:1. The proposed amendment will notresult in a change in the types orsignificant increase in the amounts ofany effluents that may be releasedoffsite.The proposed change to TSR 2.5.1permits evacuating UF6 from thecompression loop in the UF6withdrawal station to the cascade,which acts as a low pressure sink, in theStandby Operational Mode. This changewill not result in significantlyincreasing the potential forunconfinement of UF6 which could leadto an increase in effluents that may bereleased offsite since it only involvesventing of UF6 from one portion ofprocess piping, which confines UF6 inthe Withdrawal Station, to anotherportion of process piping whichconfines UF6 in the enrichmentcascade. Confinement of UF6 within thecascade is primarily provided bymaintaining the cell high-side(compressor discharge) gas pressurebelow 25 psia (TSR 2.2.3.13) and byapplying appropriate quality assurancerequirements to process gas piping andequipment (Safety Analysis ReportSection 3.8.2.2). Therefore, this TSRamendment will not result in significantamounts of effluents that may bereleased offsite.2. The proposed amendment will notresult in a significant increase inindividual or cumulative occupationalradiation exposure.Evacuating UF6 from the compressionloop to the cascade in the StandbyOperational Mode will not significantlyimpart additional occupationalradiation exposure. The cascade or thewithdrawal loops do not result insignificant occupational radiationexposures. Some of the reasons beingthat: (1) The occupancy factor is low, (2)distance from the source is generallyhigh, (3) significant shielding isprovided by piping and equipment, (4)depleted and low enriched uranium haslow specific activities and are alsocomparatively low gamma radiationemitters, (5) most of the uranium is ingaseous form (low density), and (6) UF6is confined within quality controlledequipment and piping. Therefore, anytransfer of confined UF6 from thewithdrawal station to the cascade wouldnot measurably modify individual or
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