[Federal Register Volume 60, Number 221 (Thursday, November 16, 1995)]
[Notices]
[Pages 57605-57607]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28312]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-220 and 50-410]
Niagara Mohawk Power Corporation; Notice of Consideration of
Issuance of Amendments 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 amendments to Facility Operating License Nos.
DPR-63 and NPF-69 issued to Niagara Mohawk Power Corporation for
operation of the Nine Mile Point Nuclear Station, Unit Nos. 1 and 2,
respectively, located in Oswego County, New York.
The proposed amendments would change position titles and reassign
responsibilities at the upper management level.
Before issuance of the proposed license amendments, 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) 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:
The operation of Nine Mile Point Unit 1 [and Unit 2], in
accordance with the proposed amendment[s], will not involve a
significant increase in the probability or consequence of an
accident previously evaluated.
None of the accidents previously evaluated are affected by the
proposed corporate management position title changes or by the
reassignment of responsibilities. The revised organizational
structure will not affect the design of systems, structures, or
components; the operation of plant equipment or systems; nor
maintenance, modification, or testing activities. The revised
management reporting structure and assignment of responsibilities
does not involve accident precursors or initiators previously
evaluated and does not create any new failure modes that would
affect any previously evaluated accidents. Therefore, operation in
accordance with the proposed amendment[s] will not involve a
significant increase in the probability or consequences of an
accident previously evaluated.
The operation of Nine Mile Point Unit 1 [and Unit 2], in
accordance with the proposed amendment[s], will not create the
possibility of a new or different kind of accident from any accident
previously evaluated.
The revised organizational structure will not affect the design
of systems, structures, or components; the operation of plant
equipment or systems; nor maintenance, modification or testing
activities. The proposed position title changes and responsibility
assignments do not create any new failure modes or conditions that
would create a new or different kind of accident. Therefore,
operation in accordance with the proposed amendment[s] will not
create the possibility of a new or different kind of accident from
any previously evaluated.
The operation of Nine Mile Point Unit 1 [and Unit 2], in
accordance with the proposed amendment[s], will not involve a
significant reduction in a margin of safety.
The proposed amendment[s] define the lines of authority,
responsibility, and communication necessary to ensure operation of
the facility in a safe manner. The present Executive Vice
President--Nuclear will assume the responsibilities of Chief Nuclear
Officer. The present Vice President--Nuclear Generation will assume
the responsibilities of Vice President and General Manager--Nuclear.
These assignments provide the highest level of management expertise
and experience in the operation of Nine Mile Point Unit 1 [and Unit
2] and assure that adequate operational safety is maintained.
Therefore, the proposed organizational restructuring will not
involve a significant reduction in a margin of safety.
As determined by the analysis, the proposed amendment[s] involve
no significant hazards consideration.
The NRC staff has reviewed the licensee's analyses 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
proposed amendments involve 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
[[Page 57606]]
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 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.
The filing of requests for hearing and petitions for leave to
intervene is discussed below.
By December 18, 1995, 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, and at the local public
document room located at the Reference and Documents Department,
Penfield Library, State University of New York, Oswego, New York 13126.
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 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 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 requests involve
no significant hazards consideration, the Commission may issue the
amendments and make them immediately effective, notwithstanding the
request for a hearing. Any hearing held would take place after issuance
of the amendments.
If the final determination is that the amendment requests involve 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, 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 Ledyard B. Marsh: 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 Mark 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
[[Page 57607]]
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
applications for amendments dated October 25, 1995, which are 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 Reference and Documents Department,
Penfield Library, State University of New York, Oswego, New York 13126.
Dated at Rockville, Maryland, this 7th day of November 1995.
For the Nuclear Regulatory Commission.
Gordon E. Edison,
Senior Project Manager, Project Directorate I-1, Division of Reactor
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 95-28312 Filed 11-15-95; 8:45 am]
BILLING CODE 7590-01-P
