[Federal Register Volume 60, Number 18 (Friday, January 27, 1995)]
[Notices]
[Pages 5441-5443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-2079]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-382]
Entergy Operations, Inc; 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 No.
NPF-38 issued to Entergy Operations, Inc. (the licensee), for operation
of the Waterford Steam Electric Station, Unit 3, located in St. Charles
Parish, Louisiana.
The proposed amendment would modify the technical specifications
(TSs) by adding a new TS 3.0.5, and the associated Bases. The new TS
3.0.5 will allow the equipment removed from service or declared
inoperable to comply with ACTIONS to be returned to service under
administrative controls solely to perform testing required to
demonstrate its OPERABILITY or the OPERABILITY of other equipment. This
proposed change is based on the Combustion Engineering improved
standard TSs approved by the NRC.
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) involved 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:
The proposed change will allow an orderly return to service of
inoperable equipment. Specification 3.0.5 will permit equipment
removed from service to comply with required Actions to be returned
to service under administrative controls to verify the operability
of the equipment being returned to service or operability of other
equipment. The administrative controls will ensure the time involved
will be limited to only the time required to demonstrate the
component or system operability. This new specification provides an
acceptable method of demonstrating the operability of TS equipment
before it is returned to service and allows for verifying other TS
equipment is operable. Therefore, the proposed change will not
involve a significant increase in the probability or consequences of
any accident previously evaluated.
The proposed change will not alter the operation of the plant or
the manner in which the plant is operated. The equipment is only
being tested in its design configuration or being returned to
service to allow testing of another component or system. Therefore,
the proposed change will not create the possibility of a new or
different kind of accident from any accident previously evaluated.
The proposed Specification will only allow the return to service
of equipment that is expected to fulfill its safety function. The
use of Specification 3.0.5 will be limited to the performance of
testing on the equipment being returned to service or on other
equipment that is dependent on the equipment being returned to
service. The testing is limited to post maintenance testing and
testing to prove operability. Therefore, the proposed change will
not involve a significant reduction in a margin of safety.
[[Page 5442]] 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 Rules Review and
Directives Branch, Division of Freedom of Information and Publications
Services, Office of Administration, U.S. Nuclear Regulatory Commission,
Washington, DC 20555, 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 February 27, 1995, 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 the University of New Orleans Library,
Louisiana Collection, Lakefront, New Orleans, Louisiana 70122. 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 at the hearing. The petitioner must also provide references
to those specific sources and documents of which the petitioner is
aware and on which the petitioner intends to rely to establish those
facts or expert opinion. Petitioner must provide sufficient information
to show that a genuine dispute exists with the applicant on a material
issue of law or fact. Contentions shall be limited to matters within
the scope of the amendment under consideration. The contention must be
one which, if proven, would entitle the petitioner to relief. A
petitioner who fails to file such a supplement which satisfies these
requirements with respect to at least one contention will not be
permitted to participate as a party.
Those permitted to intervene become parties to the proceeding,
subject to any limitations in the order granting leave to intervene,
and have the opportunity to participate fully in the conduct of the
hearing, including the opportunity to present evidence and cross-
examine witnesses.
If a hearing is requested, the Commission will make a final
determination on the issue of no significant hazards consideration. The
final determination will serve to decide when the hearing is held.
If the final determination is that the amendment request involves
no significant hazards consideration, the Commission may issue the
amendment and make it immediately effective, notwithstanding the
request for a hearing. Any hearing held would take place after issuance
of the amendment.
If the final determination is that the amendment request involves a
significant hazards consideration, any hearing held would take place
before the issuance of any amendment.
A request for a hearing or a petition for leave to intervene must
be filed with the Secretary of the Commission, U.S. Nuclear Regulatory
Commission, Washington, DC 20555, Attention: Docketing and Services
Branch, or may be delivered to the Commission's Public Document Room,
the Gelman Building, 2120 L Street NW., Washington, DC, by the above
date. Where petitions are filed during the last 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 1-(800)
248-5100 (in Missouri 1-(800) 342-6700). The Western Union operator
should be given Datagram Identification Number N1023 and the following
message addressed to William D. Beckner: petitioner's name and
telephone number, date petition was mailed, plant name, and publication
data and page number of this Federal [[Page 5443]] Register notice. A
copy of the petition should also be sent to the Office of the General
Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and
to N. S. Reynolds, Esq., Winston & Strawan, 1400 L Street, NW.,
Washington DC 20005-3502, 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 January 19, 1995, 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 room located at the University of New Orleans Library,
Louisiana Collection, Lakefront, New Orleans, Louisiana 70122.
Dated at Rockville, Maryland, this 23rd day of January 1995.
For the Nuclear Regulatory Commission.
Chandu P. Patgel,
Project Manager, Project Directorate IV-I, Division of Reactor Projects
III/IV, Office of Nuclear Reactor Regulation.
[FR Doc. 95-2079 Filed 1-26-95; 8:45 am]
BILLING CODE 7590-01-M
