97-6176. Pilgrim Nuclear Power Station; Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing  

  • [Federal Register Volume 62, Number 48 (Wednesday, March 12, 1997)]
    [Notices]
    [Pages 11480-11482]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-6176]
    
    
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    NUCLEAR REGULATORY COMMISSION
    
    [Docket No. 50-293]
    
    
    Pilgrim Nuclear Power 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. 
    DPR-35 issued to Boston Edison Company (BECo, the licensee) for 
    operation of the Pilgrim Nuclear Power Station located in Plymouth 
    County, Massachusetts.
        The proposed amendment would review and approve the engineering 
    analysis used to evaluate the effects of damping values in the seismic 
    analysis of various Pilgrim Station piping systems. Following NRC 
    approval, BECo would revise the Pilgrim Updated Final Safety Analysis 
    Report (UFSAR) to make the above engineering analysis the design basis 
    of record for the affected piping systems provided in the licensee's 
    January 24, 1997, letter, as supplemented on February 13 and 27, 1997.
        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 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) Involve a significant increase in the probability or 
    consequences of an accident previously evaluated.
        The engineering evaluation referenced above compared newly 
    generated in-structure response spectra for the reactor building 
    using an enhanced reactor building model and included the effects of 
    soil/structure interaction. The results show the new spectra are 
    enveloped by a comparable UFSAR design basis spectra and that piping 
    stresses are less than design basis allowables. The new spectra 
    differ from the current UFSAR response spectra in that the generic 
    Regulatory Guide 1.60 spectral shape is used to characterize the 
    0.15g Safe Shutdown Earthquake control motion using a soil/structure 
    interaction analysis with an upgraded structural model to evaluate 
    building response and ASME Code Case N411 damping values for piping 
    analyses.
        The new piping stresses computed, as described above, result in 
    less than design basis allowables. Since the stresses are acceptable 
    and the methods to compute them used applicable Standard Review Plan 
    (SRP) guidance, the proposed UFSAR revision does not significantly 
    increase the probability of loss-of-coolant accidents (i.e., piping 
    failures) nor significantly reduce the reliability of piping needed 
    to mitigate the consequences of accidents. Therefore, the proposed 
    revision does not involve a significant increase in the probability 
    or consequences of an accident previously evaluated.
        (2) Create the possibility of a new or different kind of 
    accident from any accident previously evaluated.
        The revision relates to the method used to compute the response 
    of structures and piping to seismic excitation and does not 
    introduce a new type of failure mode. Since no new accident 
    initiators are created, no new types of accidents can occur. 
    Therefore, the proposed revision does not create the possibility of 
    a new or different kind of accident from any accident previously 
    evaluated.
        (3) Involve a significant reduction in a margin of safety.
        The margin of safety for affected piping systems is reduced 
    because the new response spectra results in a reduction of the 
    computed seismic stresses compared to those computed using current 
    UFSAR response spectra. However, this reduction in margin is not 
    significant because the resulting piping stresses are less than 
    design basis allowable values, and the methods used to compute 
    response spectra associated with the 0.15 g Safe Shutdown Earthquake 
    were determined using applicable NRC SRP guidance. Thus, although 
    margin of safety for the affected piping is reduced, it is not a 
    significant reduction in the 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 amendment until the 
    expiration of the 30-day notice period. However, should circumstances 
    change during the notice period such that
    
    [[Page 11481]]
    
    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 30-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 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 April 11, 1997, 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 Plymouth Public Library, 132 South Street, 
    Plymouth, Massachusetts. 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 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 20555-0001, 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 Patrick D. Milano: 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 W.S. 
    Stowe, Esquire, Boston Edison Company, 800 Boylston Street, 36th Floor, 
    Boston, Massachusetts, 02199, 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
    
    [[Page 11482]]
    
    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 January 24, 1997, as supplemented 
    February 13 and 27, 1997, 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 Plymouth Public Library, 132 South Street, Plymouth, 
    Massachusetts.
    
        Dated at Rockville, Maryland, this 6th day of March 1997.
    
        For the Nuclear Regulatory Commission.
    Alan B. Wang,
    Project Manager, Project Directorate I-3, Division of Reactor 
    Projects--I/II, Office of Nuclear Reactor Regulation.
    [FR Doc. 97-6176 Filed 3-11- 97; 8:45 am]
    BILLING CODE 7590-01-P
    
    
    

Document Information

Published:
03/12/1997
Department:
Nuclear Regulatory Commission
Entry Type:
Notice
Document Number:
97-6176
Pages:
11480-11482 (3 pages)
Docket Numbers:
Docket No. 50-293
PDF File:
97-6176.pdf