[Federal Register Volume 63, Number 80 (Monday, April 27, 1998)]
[Notices]
[Pages 20665-20667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11120]
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UNITED STATES NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-387 and 50-388]
Pennsylvania Power and Light Company; Notice of Consideration of
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
[[Page 20666]]
considering issuance of an amendment to Facility Operating License Nos.
NPF-14 and NPF-22 issued to Pennsylvania Power and Light Company (the
licensee) for operation of the Susquehanna Steam Electric Station,
Units 1 and 2, located in Luzerne County, Pennsylvania.
(3.p.) The proposed amendment would revise the frequency of
Technical Specifications (TSs) surveillance requirement (SR) for rod
worth minimizer (RWM) channel functional test.
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. Does the change involve a significant increase in the
probability or consequences of an accident previously evaluated?
The proposed changes eliminate the requirement that SRs be
completed at an interval shorter than the normal Surveillance Frequency
just prior to the start of a special activity in Modes 4 or 5 such as
fuel handling, control rod withdrawal or removal, or control rod drive
removal. These changes will not result in a significant increase in the
probability or consequences of an accident previously evaluated because
there is no change to the requirement that the conditions verified by
the SR be met throughout the special activity. Additionally, the
Surveillance continues to be performed at the normal Frequency and the
normal Surveillance Frequency has been shown, based on operating
experience, to be adequate for assuring that required conditions are
established and maintained. This change is consistent with both SSES
CTS 4.0.4 and SSES ITS SR 3.0.4 which requires that a surveillance be
performed within the required frequency prior to entering the
applicable Mode or Condition. SSES ITS [Improved TS] still requires
that if any Surveillance has not been performed within this interval or
is determined not to meet the Surveillance Requirement during the
activity, the special activity may not be performed or must be stopped
if in progress. This ensures the Surveillance Requirements are
adequately checked prior to and during these activities.
2. Does the change create the possibility of a new or different
kind of accident from any accident previously evaluated.
This proposed change will not involve any physical changes to plant
systems, structures, or components (SSC). The changes in normal plant
operation are consistent with the current safety analysis assumptions.
Therefore, this change will not create the possibility of a new or
different kind of accident from any accident previously evaluated.
3. Does this change involve a significant reduction in a margin of
safety?
This change does not involve a significant reduction in a margin of
safety because there is no change to the requirement that the
conditions verified by the SR be met throughout the special activity.
Additionally, the Surveillance continues to be performed at its normal
Frequency and the normal Surveillance Frequency has been shown, based
on operating experience, to be adequate for assuring that conditions
are established or that equipment is available and capable of
performing its intended safety function. SSES ITS still requires that
if any Surveillance has not been performed within this interval or is
determined not to meet the Surveillance Requirement during the
activity, the special activity may not be performed or must be stopped
if in progress. This ensures the Surveillance Requirements are
adequately checked prior to and during these activities.
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 Chief, Rules and
Directives Branch, Division of Administrative 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 6D59, 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 May 27, 1998, 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 Osterhout Free Library, Reference
Department, 71 South Franklin Street, Wilkes-Barre, PA 18701. 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
[[Page 20667]]
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: Rulemakings and
Adjudications Staff, or may be delivered to the Commission's Public
Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC,
by the above date. 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 Jay Silberg, Esquire, Shaw, Pittman,
Potts and Trowbridge, 2300 N Street NW., Washington, DC 20037, 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 August 1, 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 Osterhout Free Library, Reference
Department, 71 South Franklin Street, Wilkes-Barre, PA 18701.
Dated at Rockville, Maryland, this 21st day of February 1998.
For the Nuclear Regulatory Commission.
Bartholomew C. Buckley,
Acting Director, Project Directorate I-2, Division of Reactor
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 98-11120 Filed 4-24-98; 8:45 am]
BILLING CODE 7590-01-P
