[Federal Register Volume 60, Number 55 (Wednesday, March 22, 1995)]
[Notices]
[Pages 15167-15168]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7015]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-244]
Rochester Gas and Electric Corporation; 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-18 issued to Rochester Gas and Electric Corporation (RG&E) for
operation of the Ginna Nuclear Power Plant located in Wayne County, New
York.
The proposed amendment would revise Ginna Station Technical
Specification (TS) 4.4.2.4.a to replace specific leakage testing
frequencies for containment isolation valves. This TS change will
support a proposed Exemption to Title 10 of the Code of Federal
Regulations (10 CFR) Part 50, Appendix J, Section III.D.3, requested
under separate cover to exempt Type C testing of certain valves during
a 1995 refueling outage.
Before issuance of the proposed license amendment, the Commission
will have made findings require 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. Operation of Ginna Station in accordance with the proposed
change does not involve a significant increase in the probability or
consequence of an accident previously evaluated. The change is
consistent with NUREG-1431 [Standard Technical Specifications -
Westinghouse Plants, dated September 1993] and has therefore, been
previously evaluated and accepted by the NRC. The change involves no
technical change to the existing Technical Specification since 10
CFR Appendix J provides equivalent testing frequencies as those
currently specified in TS 4.4.2.4.a. There is no impact to
initiators of analyzed events or assumed mitigation of accident on
transient events. Implementation of this change is expected to
result in more efficient use of RG&E and the NRC resources without
any reduction in safety.
2. Operation of Ginna Station in accordance with the proposed
change does not create the possibility of a new or different kind of
accident from any accident previously evaluated. The change is
consistent with NUREG-1431 and has therefore, been previously
evaluated and accepted by the NRC. The change does not involve
physical alterations of the plant (no new or different type of
equipment will be installed) or changes in methods governing normal
plant operation. The change does not impose or eliminate any new or
different requirements since 10 CFR [Part] 50, Appendix J provides
equivalent testing frequencies as those currently specified in TS
4.4.2.4.a.
3. Operation of Ginna Station in accordance with the proposed
changes does not involve a significant reduction in a margin of
safety. All requirement in the technical specifications related to
containment isolation valves remain the same with exception that a
reference to 10 CFR [Part] 50, Appendix J is being provided in place
of specific leakage testing requirements. The change has no impact
on any safety analysis assumptions.
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 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 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 April 21, 1995, 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 Rochester Public Library, 115 South
Avenue, Rochester, New York 14610. 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 [[Page 15168]] 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, 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 Nicholas S.
Reynolds, Winston & Strawn, 1400 L Street, NW., Washington, DC 20005,
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 March 13, 1995, 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 Rochester Public Library, 115 South
Avenue, Rochester, New York 14610.
Dated at Rockville, Maryland, this 16th day of March 1995.
For The Nuclear Regulatory Commission.
Clarence E. Carpenter,
Acting Project Manager, Project Directorate I-1, Division of Reactor
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 95-7015 Filed 3-21-95; 8:45 am]
BILLING CODE 7590-01-M
