[Federal Register Volume 61, Number 217 (Thursday, November 7, 1996)]
[Notices]
[Pages 57719-57721]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-28642]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-489 AND 50-499]
Houston Lighting and Power Company, City Public Service Board of
San Antonio Central Power and Light Company; City of Austin, Texas of
Transfer of Licenses and Issuance of Amendments to Facility Operating
Licenses, Proposed No Significant Hazards Consideration Determination,
and Opportunity for a Hearing
The U.S. Nuclear Regulatory Commission (the Commission) is
considering approval under 10 CFR 50.80 of the transfer of Facility
Operating License Nos. NPF-76 and NPF-80, issued to Houston Lighting &
Power Company, et al., (HL&P, the licensee) with respect to operating
authority thereunder for the South Texas Project, located in Matagorda
County, Texas, and considering issuance of conforming amendments under
10 CFR 50.90.
The proposed transfer of operating authority under the licenses
would authorize a new operating company to use and operate South Texas
Project Units 1 and 2 (STP) and to possess and use related licensed
nuclear materials in accordance with the same conditions and
authorizations included in the current operating licenses. The
operating company would be formed by the owners to become the licensed
operator for STP and would have exclusive control over the operation
and maintenance of the facility. The licenses would be amended to
reflect the transfer of authority under the licenses.
Under the proposed arrangement, ownership of STP will remain
unchanged with each owner retaining its current ownership interest. The
new operating company will not own any portion of STP. Likewise, the
owners' entitlement to capacity and energy from STP will not be
affected by the proposed change in operating responsibility for STP
from HL&P to the new operating company. The owners will continue to
provide all funds for the operation, maintenance, and decommissioning
by the operating company of STP. The responsibility of the owners will
include funding for any emergency situations that might arise at STP.
Pursuant to 10 CFR 50.80, the Commission may approve the transfer
of a license, or any right thereunder, after notice to interested
persons. Such approval is contingent upon the Commission's
determination that the proposed transferee is qualified to hold the
license and that the transfer is otherwise consistent with applicable
provisions of law, regulations, and orders of the Commission.
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 facilities in accordance with the proposed amendments 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. The proposed amendments will not increase the probability or
consequences of any accident previously evaluated.
The employees of HL&P presently engaged in the operation of STP
will become employees of OPCO [the operating company]. Personnel
qualifications, therefore, will remain the same as those discussed
in the Technical Specifications and the UFSAR [Updated Final Safety
Analysis Report]. The organizational structure of OPCO will continue
to provide for clear management control and effective lines of
authority and communication among the organizational units involved
in the management, operation, and technical support of the facility.
Accordingly, the technical qualifications of OPCO will be at least
equivalent to those of HL&P presently.
As a result of the proposed amendments, there will not be
physical changes to the facility, and all Limiting Conditions for
Operation, Limiting Safety System Settings, and Safety Limits
specified in the Technical Specifications will remain unchanged.
With the exception of administrative changes to reflect the role of
OPCO, the Quality Assurance Program, the Emergency Plan, Security
Plan, and Training Program are unaffected. The Operating Agreement
will ensure continued compliance with GDC [General Design Criterion]
17 as well as OPCO control over all activities within the exclusion
area.
Therefore, the proposed changes will not increase the
probability or consequences of any accident previously evaluated.
2. The proposed amendments will not create the possibility of a
new or different kind of accident from any accident previously
evaluated.
The design and design bases of STP will remain the same.
Therefore, the current plant safety analyses which address the
licensing basis events and analyze plant response and consequences,
will not be affected. The Limiting Conditions for Operation,
Limiting Safety System Settings, and Safety Limits are not affected
by the proposed amendments. With the exception of administrative
changes to reflect the role of OPCO, plant procedures are
unaffected. As such, the plant conditions for which the design basis
accident analyses have been performed will not be changed.
Therefore, the proposed amendments cannot create the possibility of
a new or different kind of accident than previously evaluated.
3. The proposed amendments will not involve a reduction in a
margin of safety.
Plant safety margins are established through Limiting Conditions
for Operation, Limiting Safety System Settings, and Safety Limits
specified in the Technical Specifications. There will be no change
to the physical design or operation of the plant or to any of these
margins. The proposed amendments, therefore, will not involve a
reduction in a margin of safety.
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 amendments until the
[[Page 57720]]
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 Chief, Rules
Review and Directives Branch, Division of Freedom of Information and
Publications Services, Office of Administration, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, 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 9, 1996, the licensee may file a request for a hearing
with respect to the proposed transfer of operating authority under the
licenses and issuance of conforming 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 Wharton County Junior College, J. M.
Hodges Learning Center, 911 Boling Highway, Wharton, TX 77488. 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 transfer approval or amendments 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 with respect to the proposed amendments,
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
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 request involves a
significant hazards consideration, any hearing held would take place
before the issuance of any such 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 20555-0001, 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 William D. Beckner, Director, Project
Directorate IV-1: 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 Jack R. Newman, Esq., Morgan, Lewis &
Bockius, 1800 M Street, N.W., Washington, D.C. 20036-5869, attorney for
the licensee.
Nontimely filings of petitions for leave to intervene, amended
petitions,
[[Page 57721]]
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 dated August 23, 1996, as supplemented by letters dated
October 1 and 15, 1996, regarding the transfer of licenses and
amendments, 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 Wharton County Junior College, J. M. Hodges Learning Center, 911
Boling Highway, Wharton, TX 77488.
Dated at Rockville, Maryland, this 1st day of November 1996.
For the Nuclear Regulatory Commission.
William D. Beckner,
Project Director, Project Directorate IV-1, Division of Reactor
Projects III/IV, Office of Nuclear Reactor Regulation.
[FR Doc. 96-28642 Filed 11-06-96; 8:45 am]
BILLING CODE 7590-01-P
