[Federal Register Volume 60, Number 160 (Friday, August 18, 1995)]
[Notices]
[Pages 43172-43174]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20513]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-289]
GPU Nuclear 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-50 issued to GPU Nuclear Corporation (the licensee) for operation
of the Three Mile Island Nuclear Station, Unit 1 (TMI-1) located in
Dauphin County, Pennsylvania.
The proposed amendment would remove Technical Specification (TS)
Section 3.2, ``Makeup and Purification and Chemical Addition Systems,''
and its bases. The pertinent requirements and bases applicable to these
systems are being incorporated in the TMI-1 Updated Final Safety
Analysis Report (UFSAR). This proposed change is consistent with the
Standard Technical Specifications for Babcock and Wilcox Plants (NUREG-
1430, September 1992), which do not include requirements for these
systems. The proposed change is also consistent with the Commission's
criteria to be used to determine which structures, systems, and
components are to be included in the TS. These criteria were recently
codified in 10 CFR 50.36 of the Commission's regulations as noticed in
the Federal Register (60 FR 36953, July 19, 1995). The licensee's
request for the amendment under consideration is dated August 11, 1995,
and supersedes an earlier request dated May 17, 1995. The staff had
noticed the earlier request in the Federal Register on June 21, 1995
(60 FR 32365).
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. Operation of the facility in accordance with the proposed
amendment would not involve a significant increase in the
probability of occurrence or consequences of an accident previously
evaluated. The administrative relocation of the existing Technical
Specification 3.2 requirements for the Makeup and Purification and
Chemical Addition Systems to the TMI-1 UFSAR is
[[Page 43173]]
unrelated to the probability of occurrence or the consequences of an
accident previously evaluated. Design basis accident and transient
analysis criteria regarding emergency core cooling system (ECCS)
cold shutdown boration requirements are maintained in TMI-1
Technical Specification Section 3.3. The requirements currently
contained in Technical Specification 3.2 do not meet the criteria in
the NRC ``Final Policy Statement on Technical Specifications
Improvements for Nuclear Power Reactors,'' July 1992, as codified by
the revision to 10 CFR 50.36. The proposed amendment is expected to
produce an improvement in safety through reduced potential action
statement induced plant transients. Therefore, the proposed
amendment has no effect on the probability of occurrence or
consequences of an accident previously evaluated.
2. Operation of the facility in accordance with the proposed
amendment would not create the possibility of a new or different
kind of accident from any accident previously evaluated. Design
basis accident and transient analysis criteria regarding ECCS cold
shutdown boration requirements are maintained in TMI-1 Technical
Specification Section 3.3. Administrative relocation of the existing
Technical Specification 3.2 requirements for the Makeup and
Purification and Chemical Addition Systems to the UFSAR ensures that
these system requirements and bases are appropriately controlled in
accordance with the requirements of 10 CFR 50.59. Therefore, the
proposed amendment does not create the possibility of a new or
different kind of accident from any accident previously evaluated.
3. Operation of the facility in accordance with the proposed
amendment would not involve a significant reduction in a margin of
safety. The proposed amendment is consistent with the Standard
Technical Specifications for Babcock and Wilcox Plants, NUREG-1430,
July 1992, and the NRC Final Policy Statement on Improvements to
Technical Specifications. The requirements currently contained in
TMI-1 Technical Specification Section 3.2 do not meet any of the
four (4) criteria in the Final Policy Statement for inclusion in
Technical Specifications, as codified in the revision to 10 CFR
50.36. The proposed amendment is expected to produce an improvement
in safety through reduced potential action statement induced plant
transients. Administrative relocation of the existing TMI-1
Technical Specification Section 3.2 requirements for the Makeup and
Purification and Chemical Addition Systems to the UFSAR ensures that
these system requirements and bases are appropriately controlled in
accordance with the requirements of 10 CFR 50.59. Therefore, it is
concluded that operation of the facility in accordance with the
proposed amendment 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, 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 September 18, 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 Law/Government Publications Section, State
Library of Pennsylvania, (Regional Depository) Walnut Street and
Commonwealth Avenue, Box 1601, Harrisburg, PA 17105.
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
[[Page 43174]]
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 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, and to Ernest L. Blake,
Jr., Esquire, Shaw, Pittman, Potts & 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 11, 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 Law/Government Publications Section, State
Library of Pennsylvania, (Regional Depository) Walnut Street and
Commonwealth Avenue, Box 1601, Harrisburg, PA 17105.
Dated at Rockville, Maryland, this day of August 1995.
For The Nuclear Regulatory Commission.
Ronald W. Hernan,
Senior Project Manager, Project Directorate I-3, Division of Reactor
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 95-20513 Filed 8-17-95; 8:45 am]
BILLING CODE 7590-01-P
