[Federal Register Volume 61, Number 4 (Friday, January 5, 1996)]
[Notices]
[Pages 420-422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-144]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-354]
Public Service Electric & Gas Company and Atlantic City Electric
Company Hope Creek Generating Station 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-57, issued to Public Service Electric & Gas Company and Atlantic
City Electric Company (the licensee), for operation of the Hope Creek
Generating Station, located on the east shore of the Delaware River in
Lower Alloways Creek Township, Salem County, New Jersey.
The proposed amendment would change Hope Creek Generating Station
Technical Specification (TS) 1.4, ``Channel Calibration'', to define
actions required for channel calibration of instrument channels
containing resistance temperature detector or thermocouple sensors.
The instrument channels affected by this calibration issue are
required to be operable in Operational Conditions 1, 2 and 3. The
licensee has determined this issue impacts operability of the affected
channels. Hope Creek is currently in Operational Condition 5 and the
affected instrument channels are not required to be operable. However,
the outage schedule indicates that the licensee will be going to
Operational Condition 3 on February 2, 1996. Hope Creek TS 3.0.4
prohibits entry into an operational condition when the Limiting
Conditions for Operation are not met. The licensee requires 3 days to
implement the change. Therefore, the licensee requested that this
amendment request be approved no later than January 31, 1996. Since
this schedule does not permit the NRC to publish this notice in the
Federal Register with allowance for a 30-day public comment period, the
licensee requested that this action be handled as an exigent request.
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.
Pursuant to 10 CFR 50.91(a)(6) for amendments to be granted under
exigent circumstances, the NRC staff must determine 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. Will not involve a significant increase in the probability or
consequences of an accident previously evaluated.
Since no physical change is being made to the instrumentation
channels, or to any system or component that interfaces with the
instrumentation channels, there is no change in the probability of
any accident analyzed in the UFSAR [Updated Final Safety Analysis
Report].
There is no change in the consequences of an accident. The
proposed change continues to ensure the surveillance requirements
meet the licensing basis. Also, the testing performed will continue
to demonstrate the capability of the affected instrumentation
channels to respond to changes in the state of the monitored
parameters in a manner consistent with assumptions in the accident
analysis.
Therefore, the proposed change does not involve a significant
increase in the probability or consequences of an accident
previously evaluated.
2. Will not create the possibility of a new or different kind of
accident from any previously evaluated.
The proposed change does not result in any design or physical
configuration changes to the instrumentation channels. Operation
incorporating the proposed change will not impair the
instrumentation channels from performing as provided in the design
basis. By aligning the TS to be consistent with the current
calibration practice we will prevent the possibility for unnecessary
removal and potential damage of the temperature detectors (for
sensor calibration). The instrument channels will continue to
function as assumed in the accident analyses. Therefore, the
proposed change does not create the possibility of a new or
different kind of accident from any previously evaluated.
3. Will not involve a significant reduction in a margin of
safety.
Since the proposed change does not involve the addition or
modification of plant equipment, is consistent with the intent of
the existing Technical Specifications, is consistent with the
current industry practices as outlined in NUREG 1433, ``Standard
Technical Specifications General Electric Plants, BWR/4'' Revision 1
and is consistent with the design basis of the Instrumentation
Systems and the accident analysis, no action will occur that will
involve a significant reduction in a margin of safety.
[[Page 421]]
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 15 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 15-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 15-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. 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 5, 1996, 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 Pennsville Public Library, 190 S.
Broadway, Pennsville, New Jersey 08070. 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 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 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 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 the amendment is issued before the expiration of the 30-day
hearing period, the Commission will make a final determination on the
issue of no significant hazards consideration. If a hearing is
requested, 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 John Stolz, Director, Project Directorate I-2:
petitioner's name and telephone
[[Page 422]]
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 Office of the General Counsel, U.S. Nuclear
Regulatory Commission, Washington, DC 20555, and to M.J. Wetterhahn,
Esquire, Winston and Strawn, 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 December 28, 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 Pennsville Public Library, 190 S.
Broadway, Pennsville, New Jersey 08070.
Dated at Rockville, Maryland, this 2nd day of January 1996.
For The Nuclear Regulatory Commission.
David H. Jaffe,
Senior Project Manager, Project Directorate I-2, Division of Reactor
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 96-144 Filed 1-4-96; 8:45 am]
BILLING CODE 7590-01-P
