96-15256. Northeast Nuclear Energy Company, et al.; 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 61, Number 117 (Monday, June 17, 1996)]
    [Notices]
    [Pages 30639-30641]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-15256]
    
    
    
    =======================================================================
    -----------------------------------------------------------------------
    
    NUCLEAR REGULATORY COMMISSION
    
    [Docket No. 50-423]
    
    
    Northeast Nuclear Energy Company, et al.; 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. 
    NPF-49 issued to Northeast Nuclear Energy Company (the licensee) for 
    operation of the Millstone Nuclear Power Station, Unit No. 3, located 
    in New London County, Connecticut.
        The proposed amendment would revise the Technical Specifications 
    (TS) for the Overtemperature delta T time constants in TS Table 2.2-1 
    and the Steam Line Pressure Negative Rate High Steam Line Isolation 
    time constant on TS Table 3.3-4.
        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:
    
        The proposed changes do not involve a [significant hazards 
    consideration] SHC because the changes would not:
        1. Involve a significant increase in the probability or 
    consequence of an accident previously evaluated.
        The proposed Technical Specification changes will revise the 
    mathematical notations associated with the time constants in Tables 
    2.2-1 and 3.3-4. The proposed changes do not modify the value of any 
    time constant.
        The proposed changes to Table 2.2-1 will replace the current 
    equalities with inequalities in order to indicate the direction of 
    conservatism for the time constants 1, 
    2, 4, 5 and 
    7. These time constants are used
    
    [[Page 30640]]
    
    in Note 1 and Note 3 for the Overtemperature [delta] T and Overpower 
    [delta] T trips.
        The proposed change to Table 3.3-4 will revise the direction of 
    the inequality from ``less than or equal to'' to ``greater than or 
    equal to'' in order to indicate the correct direction of 
    conservatism for the time constant for the rate-lag controller for 
    the Steam Line Pressure-Negative Rate-High trip.
        The proposed changes will modify the setpoint calibration of 
    plant instrumentation in a manner that is consistent with the 
    Millstone Unit No. 3 setpoints analysis since the time constants 
    will be treated as limits with a direction of conservatism. Based on 
    the nature of the change, there is no effect on the probability of 
    occurrence of previously evaluated accidents.
        The changes noted above related to the time constants in Tables 
    2.2-1 are intended to indicate that the associated time constants 
    are limiting values. The correction to the inequality in Table 3.3-4 
    is made to indicate the correct direction of conservatism for this 
    time constant. The treatment of the time constants as limiting 
    values and the correction to Table 3.3-4 are consistent with the 
    setpoints analysis for Millstone Unit No. 3. No changes are made to 
    the specific time constant values. Therefore, the changes will not 
    increase the consequences of an accident previously evaluated.
        Thus, the proposed changes will 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 proposed Technical Specification changes will revise the 
    mathematical notations associated with the time constants in Tables 
    2.2-1 and 3.3-4. The proposed changes do not modify the value of any 
    time constant.
        The proposed changes to Table 2.2-1 will replace the current 
    equalities with inequalities in order to indicate the direction of 
    conservatism for the time constants 1, 
    2, 4, 5 and 
    7. These time constants are used in Note 1 and Note 3 
    for the Overtemperature [delta] T and Overpower [delta] T trips.
        The proposed change to Table 3.3-4 will revise the direction of 
    the inequality from ``less than or equal to'' to ``greater than or 
    equal to'' in order to indicate the correct direction of 
    conservatism for the time constant for the rate-lag controller for 
    the Steam Line Pressure-Negative Rate-High trip.
        The proposed changes, regarding the treatment of time constants 
    as limits, will modify the operation of plant equipment, 
    specifically the Reactor Trip System and engineered safety features 
    actuation system trips noted above. However, these changes regarding 
    the treatment of time constants are consistent with the existing 
    Millstone Unit No. 3 setpoints analysis.
        Based on the nature of the changes, the changes do not introduce 
    any new failure modes or malfunctions and do not create the 
    potential for a new unanalyzed accident. Thus, the proposed changes 
    do 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 proposed Technical Specification changes will revise the 
    mathematical notations associated with the time constants in Tables 
    2.2-1 and 3.3-4. The proposed changes do not modify the value of any 
    time constant.
        The proposed changes to Table 2.2-1 will replace the current 
    equalities with inequalities in order to indicate the direction of 
    conservatism for the time constants 1, 
    2, 4, 5 and 
    7. These time constants are used in Note 1 and Note 3 
    for the Overtemperature [delta] T and Overpower [delta] T trips.
        The proposed change to Table 3.3-4 will revise the direction of 
    the inequality from ``less than or equal to'' to ``greater than or 
    equal to'' in order to indicate the correct direction of 
    conservatism for the time constant for the rate-lag controller for 
    the Steam Line Pressure-Negative Rate-High trip.
        The proposed changes to Technical Specification Tables 2.2-1 and 
    3.3-4 will ensure that the associated time constants will be 
    calibrated in a manner that is consistent with the Millstone Unit 
    No. 3 setpoints analysis since the time constants will be treated as 
    limits with a direction of conservatism. Therefore, based on the 
    nature of the changes, there is no adverse effect on the results of 
    the FSAR [Final Safety Analysis Report] accident analysis and it is 
    concluded that these changes are safe. Additionally, the changes do 
    not adversely effect any equipment credited in the safety analysis 
    and do not effect the probability of occurrence of any plant 
    accident.
        The changes do not have any significant impact on the protective 
    boundaries and there is no reduction in the margin of safety as 
    specified in the Technical Specifications. Thus, the proposed 
    changes do not involve a significant 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 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 20555-0001, 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 July 17, 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 Learning Resources Center, Three Rivers 
    Community-Technical College, 574 New London Turnpike, Norwich, 
    Connecticut, and the Waterford Library, ATTN: Vince Juliano, 49 Rope 
    Ferry Road, Waterford, Connecticut. 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.
    
    [[Page 30641]]
    
        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 Phillip F. McKee: 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 
    Lillian M. Cuoco, Esq., Senior Nuclear Counsel, Northeast Utilities 
    Service Company, P.O. Box 270, Hartford, CT 06141-0270, 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 May 23, 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 Learning Resources Center, Three Rivers 
    Community-Technical College, 574 New London Turnpike, Norwich, 
    Connecticut, and the Waterford Library, ATTN: Vince Juliano, 49 Rope 
    Ferry Road, Waterford, Connecticut.
    
        Dated at Rockville, Maryland, this 12th day of June 1996.
    
        For the Nuclear Regulatory Commission.
    Maudette Griggs,
    Project Manager, Northeast Utilities Project Directorate, Division of 
    Reactor Projects--I/II, Office of Nuclear Reactor Regulation.
    [FR Doc. 96-15256 Filed 6-14-96; 8:45 am]
    BILLING CODE 7590-01-P
    
    

Document Information

Published:
06/17/1996
Department:
Nuclear Regulatory Commission
Entry Type:
Notice
Document Number:
96-15256
Pages:
30639-30641 (3 pages)
Docket Numbers:
Docket No. 50-423
PDF File:
96-15256.pdf