[Federal Register Volume 59, Number 192 (Wednesday, October 5, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24597]
[[Page Unknown]]
[Federal Register: October 5, 1994]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-286]
Power Authority of the State of New York; 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 amendment to Facility Operating License No.
DRP-64, issued to the Power Authority of the State of New York (the
licensee), for operation of the Indian Point Nuclear Generating Unit
No. 3 (Indian Point 3) located in Westchester County, New York.
The proposed amendment would revise Section 4.4 of the Indian Point
Nuclear Generating Unit No. 3 Power Plant Technical Specifications.
Specifically, TS 4.4.E.1 would be revised to allow a one-time extension
to the 30-month interval requirement for leak rate testing of Residual
Heat Removal (RHR) containment isolation valves AC-732, AC-741, AC-MOV-
743, AC-MOV-744, and AC-MOV-1870. A one-time schedular exemption from
plant specific requirements associated with 10 CFR Part 50, Appendix J,
Type C testing (local leak rate test) for the above listed RHR
containment isolation valves will be processed separately. This one-
time extension for leak rate testing of the RHR valves would defer the
leak rate testing until the next refueling outage, when the RHR system
can be removed from service as required by current procedures.
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 facilities 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:
Consistent with the criteria of 10 CFR 50.92, the enclosed
application is judged to involve no significant hazards based on the
following information:
1. Does the proposed license amendment involve a significant
increase in the probability or consequences of an accident
previously evaluated?
Response: The proposed license amendment does not involve a
significant increase in the probability or consequences of an
accident previously evaluated. The proposed change is limited to a
one-time extension of the containment isolation valve leak rate test
for RHR valves AC-732, AC-741, AC-MOV-743, AC-MOV-744, and AC-MOV-
1870. The change does not introduce any new modes of plant
operation, make any physical changes, or alter any operational
setpoints. Therefore, the change does not degrade the performance of
any safety system assumed to function in the accident analysis.
There is reasonable assurance that the extension will not result in
a significant increase in valve leakage considering that a review of
containment isolation valve leakage rate test results through 1990
showed that all leakage failures, except for one valve which was
replaced in 1990, were random and nonrecurring. Additionally, each
of the three RHR lines associated with valves AC-732, AC-741, AC-
MOV-743, AC-MOV-744, and AC-MOV-1870 has redundant isolation
barriers and is supplied by the IVSWS [isolation valve seal water
system] which would minimize any leakage past the isolation
barriers. Further, due to the periodic surveillance that ensures
that leakage from RHR components located outside containment does
not exceed two gallons per hour, even if significant leakage past
the RHR containment isolation valves occurred, this would not
significantly affect off-site exposures.
2. Does the proposed license amendment create the possibility of
a new or different kind of accident from any accident previously
evaluated?
Response: The proposed license amendment does not create the
possibility of a new or different kind of accident from any accident
previously evaluated. The proposed change does not introduce new
accident initiators or failure mechanisms since the change does not
alter the physical characteristics of any plant system or component.
The change is limited to a one-time extension to the leak rate test
interval for RHR valves AC-732, AC-741, AC-MOV-743, AC-MOV-744, and
AC-MOV-1870.
3. Does the proposed amendment involve a significant reduction
in a margin of safety?
Response: The proposed amendment does not involve a significant
reduction in a margin of safety. There is reasonable assurance that
the extension will not result in a significant increase in valve
leakage since a review of containment isolation valve leakage rate
test results through 1990 showed that all leakage failures, except
for one valve which was replaced in 1990, were random and
nonrecurring. Additionally, each of the three RHR lines associated
with valves AC-732, AC-741, AC-MOV-743, AC-MOV-744, and AC-MOV-1870
has redundant isolation barriers. Further, due to the periodic
surveillance that ensures that leakage from RHR components located
outside containment does not exceed two gallons per hour, even if
significant leakage past the RHR containment isolation valves
occurred, this would not significantly affect off-site exposures.
The NRC staff had 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 amendments 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
facilities, the Commission may issue the license amendments before the
expiration of the 30-day notice period, provided that its final
determination is that the amendments involve 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
20555.
The filing of requests for hearing and petitions for leave to
intervene is discussed below.
By November 4, 1994, the licensee may file a request for a hearing
with respect to issuance of the amendments to the subject facility
operating licenses 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 20555 and at the local
public document room located at the White Flint Plains Public Library,
100 Martine Avenue, White Plains, New York 10601. 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 of 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 perhearing 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. The 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 amendments.
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 20555, 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 Michael J. Case: petitioner's name and
telephone 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 Mr. Charles
M. Pratt, 10 Columbus Circle, New York, New York 10019, 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 September 29, 1994, which is available
for public inspection at the Commission's Public Document Room, the
Gelman Building, 2120 L Street, NW., Washington, DC 20555 and at the
local public document room located at the White Plains Public Library,
100 Martine Avenue, White Plains, New York 10601.
Dated at Rockville, Maryland, this 29th day of September 1994.
For the Nuclear Regulatory Commission.
Michael J. Case,
Acting Director, Project Directorate I-1, Division of Reactor
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 94-24597 Filed 10-4-94; 8:45 am]
BILLING CODE 7590-01-M
