[Federal Register Volume 61, Number 226 (Thursday, November 21, 1996)]
[Notices]
[Pages 59248-59249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-29787]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-220]
Niagara Mohawk Power Corporation; Notice of Consideration of
Issuance of Amendment to Facility Operating License and Opportunity for
a Hearing
The U.S. Nuclear Regulatory Commission (the Commission) is
considering issuance of an amendment to Facility Operating License No.
63, issued to Niagara Mohawk Power Corporation (the licensee), for
operation of the Nine Mile Point Nuclear Station, Unit No. 1 located in
Oswego County, New York.
The proposed amendment would change the Technical Specifications
(TSs) to add TS 3/4.7.2, ``Special Test Exception--System Leakage and
Hydrostatic Testing.'' The proposed addition would allow the reactor to
be considered in cold shutdown (defined as reactor coolant temperatures
below 212 deg.F) when the actual reactor coolant temperature is
greater than 212 deg.F (i.e., hot shutdown) but less than 275 deg.F
while performing reactor vessel system leakage testing, hydrostatic
testing, and scram time testing. The change would permit reactor vessel
system leakage or hydrostatic testing and scram time testing without
primary containment integrity, with two Core Spray subsystems (rather
than four) operable, and with other operational flexibility. The change
would require that secondary containment (reactor building integrity)
be maintained during hot shutdown conditions, or restored within 28
hours (which includes 24 hours to be in cold shutdown). Shutdown
margins would not need to be demonstrated when performing a pressure
test (but would continue to be demonstrated when performing scram time
testing in conjunction with systems leakage or hydrostatic testing).
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.
By December 23, 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 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 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
[[Page 59249]]
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.
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 20555-0001, 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 S. Singh Bajwa: 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 20555-0001, and to Mark
J. Wetterhahn, Esquire, Winston & 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).
If a request for a hearing is received, the Commission's staff may
issue the amendment after it completes its technical review and prior
to the completion of any required hearing if it publishes a further
notice for public comment of its proposed finding of no significant
hazards consideration in accordance with 10 CFR 50.91 and 50.92.
For further details with respect to this action, see the
application for amendment dated September 26, 1996, 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 Reference and Documents Department,
Penfield Library, State University of New York, Oswego, New York 13126.
Dated at Rockville, Maryland, this 15th day of November 1996.
For the Nuclear Regulatory Commission.
S. Singh Bajwa,
Acting Director, Project Directorate I-1, Division of Reactor
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 96-29787 Filed 11-20-96; 8:45 am]
BILLING CODE 7590-01-P
