[Federal Register Volume 62, Number 107 (Wednesday, June 4, 1997)]
[Notices]
[Pages 30625-30627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14534]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-220]
Niagara Mohawk Power 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-63 issued to Niagara Mohawk Power Corporation (NMPC) for operation
of the Nine Mile Point Nuclear Station Unit No. 1 (NMP1) located in
Lycoming, New York.
The proposed amendment would make an administrative change to the
NMP1 Technical Specifications (TSs). The administrative change is to
add a supervisory position to the list of personnel who may be required
to hold a senior reactor operator license.
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 operation of Nine Mile Point Unit 1, in accordance with the
proposed amendment, will not involve a significant increase in the
probability or consequences of an accident previously evaluated.
The addition of the position of GSO [General Supervisor
Operations] and the requirement for either the GSO or the
[[Page 30626]]
Manager Operations to have an SRO, [Senior Reactor Operator] license
is a restructuring of the Operations department. The proposed
changes are administrative changes that provide additional
Operations management oversight capabilities. The resulting
organization meets the requirements of ANSI [American National
Standards Institute] N18.1-1971 and SRP [Standard Review Plan]
13.1.1-13.1-3. No physical modification of the plant is involved and
no changes to the methods in which plant systems are operated are
required.
None of the precursors of previously evaluated accidents are
affected, and no new failure modes are introduced. Therefore, this
change will not involve a significant increase in the probability or
consequences of an accident previously evaluated.
The operation of Nine Mile Point Unit 1, in accordance with the
proposed amendment, will not create the possibility of a new or
different kind of accident from any accident previously evaluated.
The addition of the position of GSO and the requirement for
either the GSO or the Manager Operations to have an SRO license is a
restructuring of the Operations department. The proposed changes are
administrative changes that provide additional Operations management
oversight capabilities. The resulting organization meets the
requirements of ANSI N18.1-1971 and SRP 13.1.1-13.1.3. No physical
modification of the plant is involved and no changes to the methods
in which plant systems are operated are required. As such, the
change does not introduce any new failure modes or conditions that
may create a new or different accident. Therefore, this change does
not in itself create the possibility of a new or different kind of
accident from any accident previously evaluated.
The operation of Nine Mile Point Unit 1, in accordance with the
proposed amendment, will not involve a significant reduction in a
margin of safety.
The addition of the position of GSO and the requirement for
either the GSO or the Manager Operations to have an SRO license is a
restructuring of the Operations department. The proposed changes are
administrative changes that provide additional Operations management
oversight capabilities. The resulting organization meets the
requirements of ANSI N18.1-1971 and SRP 13.1.1-13.1.3. No physical
modification of the plant is involved and no changes to the methods
in which plant systems are operated are required. As such, this
change does not in itself adversely affect any physical barrier to
the release of radiation to plant personnel or to the public.
Therefore, the change does not involve a significant reduction in a
margin of safety.
The NRC staff has reviewed the licensee's analysis and, based on
this review, agrees 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
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 7, 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 Reference and Documents Department,
Penfield Library, State University of New York, Oswego, New York 13126.
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
[[Page 30627]]
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. 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 Alexander W. Dromerick, Acting Director:
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 Mark J. Wetterhahn, Esquire, Winston and Strawn,
1400 L Street, NW., Washington, DC 20005-3502, 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 16, 1997, 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 Reference and Documents Department,
Penfield Library, State University of New York, Oswego, New York 13126.
Dated at Rockville, Maryland, this 30th day of May 1997.
For the Nuclear Regulatory Commission.
Alexander W. Dromerick,
Acting Director, Project Directorate I-1, Division of Reactor
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 97-14534 Filed 6-3-97; 8:45 am]
BILLING CODE 7590-01-P
