[Federal Register Volume 59, Number 51 (Wednesday, March 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6076]


[[Page Unknown]]

[Federal Register: March 16, 1994]


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NUCLEAR REGULATORY COMMISSION
 

Public Service Electric and Gas Co.; Consideration of Issuance of 
Amendment to Facility Operating License, Proposed No Significant 
Hazards Consideration Determination, and Opportunity For a Hearing

[Docket No. 50-354]
    The U.S. Nuclear Regulatory Commission (the Commission) is 
considering issuance of an amendment to Facility Operating License No. 
NPF-57 issued to Public Service Electric and Gas Company (the licensee) 
for operation of the Hope Creek Generating Station located in Salem 
County, New Jersey.
    The proposed amendment would add a new section, 3/4.10.8, 
``Inservice Leak and Hydrostatic Testing,'' and the Bases. The new 
section would allow Hope Creek to remain in OPERATIONAL CONDITION 4 
with reactor coolant temperatures up to 212  deg.F to facilitate 
inservice leak and hydrostatic testing.
    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 present 
below:

    1. Will not involve a significant increase in the probability or 
consequences of an accident previously evaluated.
    The proposed changes are requested to allow inservice leak and 
hydrostatic testing with the reactor in OPERATIONAL CONDITION 4 and 
the average reactor coolant temperature up to 212  deg.F. The change 
to allow inservice leak and hydrostatic testing in OPERATIONAL 
CONDITION 4 will not increase the probability or the consequences of 
an accident. The probability of a leak in the reactor coolant 
pressure boundary during inservice leak and hydrostatic testing is 
not increased by considering the reactor in OPERATIONAL CONDITION 4. 
The hydrostatic or inservice leak test is performed water solid or 
near water solid, all rods in, and temperatures 212 
deg.F. The stored energy in the reactor core will be very low and 
the potential for failed fuel and a subsequent increase in coolant 
activity above Technical Specification limits are minimal. In 
addition, secondary containment will be operable and capable of 
handling airborne radioactivity from leaks that could occur during 
the performance of hydrostatic or inservice leak testing. Requiring 
secondary containment to be operable will conservatively ensure that 
potential airborne radiation from leaks will be filtered through the 
Filtration, Recirculation and Ventilation System (FRVS), thereby 
limiting radiation releases to the environment. Therefore, the 
changes will not significantly increase the consequences of an 
accident.
    In the event of a large primary system leak, the reactor vessel 
would rapidly depressurize, allowing the low pressure ECCS 
subsystems to operate. The capability of the subsystems that are 
required for OPERATIONAL CONDITION 4 would be adequate to keep the 
core flooded under this condition. Small system leaks would be 
detected by leakage inspections before significant inventory loss 
occurred. This is an integral part of the hydrostatic testing 
program. Therefore, this change will not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    2. Will not create the possibility of a new or different kind of 
accident from any accident previously evaluated.
    Allowing the reactor to be considered in OPERATIONAL CONDITION 4 
during inservice leak or hydrostatic testing, with reactor coolant 
temperature up to 212  deg.F, essentially provides an exception to 
OPERATIONAL CONDITION 3 requirements, including operability of 
primary containment and the full complement of redundant Emergency 
Core Cooling Systems. The hydrostatic or inservice leak test is 
performed water solid, or near water solid, all rods in, and 
temperatures 212  deg.F. The stored energy in the reactor 
core will be very low and the potential for failed fuel and a 
subsequent increase in coolant activity above Technical 
Specification limits are minimal. In addition, secondary containment 
will be operable and capable of handling airborne radioactivity or 
leaks that could occur.
    The inservice leak or hydrostatic test conditions remain 
unchanged. The potential for a system leak remains unchanged since 
the reactor coolant system is designed for temperatures exceeding 
500  deg.F with similar pressures. There are no alterations of any 
plant systems that cope with the spectrum of accidents. The only 
difference is that a different subset of systems would be utilized 
for accident mitigation from those of OPERATIONAL CONDITION 3. 
Therefore, this will not create the possibility of a new or 
different kind of accident from any previously evaluated.
    3. Will not involve a significant reduction in a margin of 
safety.
    The proposed changes allow inservice leak and hydrostatic 
testing to be performed with reactor coolant temperature up to 212 
deg.F and the reactor in OPERATIONAL CONDITION 4. Since the reactor 
vessel head will be in place, secondary containment integrity will 
be maintained and all systems required in OPERATIONAL CONDITION 4 
will be operable in accordance with the Technical Specifications, 
the proposed changes will not have any significant impact on any 
design bases accident or safety limit. They hydrostatic or inservice 
leak testing is performed water solid, or near water solid, all rods 
in, and temperatures 212  deg.F. The stored energy in the 
core is very low and the potential for failed fuel and a subsequent 
increase in coolant activity would be minimal. The RPV would rapidly 
depressurize in the event of a large primary system leak and the low 
pressure injection systems normally operable in OPERATIONAL 
CONDITION 4 would be adequate to keep the core flooded. This would 
ensure that the fuel would not exceed the 2200  deg.F peak clad 
temperature limit.
    Moreover, requiring secondary containment, including isolation 
capability, to be operable will assure that potential airborne 
radiation can be filtered through the FRVS. This will assure that 
doses remain well within the limits of 10CFR100 guidelines. Small 
systems leaks would be detected by inspection before significant 
inventory loss has occurred. Therefore, this special test exception 
will not involve a significant reduction in 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 the Federal Register notice. Written comments may also be 
delivered to room P-223, Phillips Building, 7920 Norfolk Avenue, 
Bethesda, 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 
20555.
    The filing of requests for hearing and petitions for leave to 
intervene is discussed below.
    By April 15, 1994, 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 20555 and at the local 
public document room located at Pennsville Public Library, 190 S. 
Broadway, Pennsville, New Jersey 08070. 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 reply 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 20555, 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 Charles L. Miller: 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 M.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 March 4, 1994, which is available for 
public inspection at the Commission's Public Document Room, the Gelman 
Building, 2120 L Street, NW., Washington, DC 20555 and at the local 
public document room located at the Pennsville Public Library, 190 S 
Broadway, Pennsville, New Jersey 08070.

    Dated at Rockville, Maryland, this 10th day of March 1994.

    For the Nuclear Regulatory Commission.
James C. Stone,
Project Manager, Project Directorate I-2, Division of Reactor 
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 94-6076 Filed 3-15-94; 8:45 am]
BILLING CODE 7590-01-M