[Federal Register Volume 59, Number 56 (Wednesday, March 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6760]


[[Page Unknown]]

[Federal Register: March 23, 1994]


-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION
[Docket No. 50-336]

 

Northeast Nuclear Energy Company; 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-65, issued to Northeast Nuclear Energy Company (NNECO/the 
licensee), for operation of the Millstone Nuclear Power Station, Unit 
No. 2, located in New London County, Connecticut.
    The proposed change to the Millstone Unit 2 Technical 
Specifications (TS) would provide a one-time extension of the 
surveillance frequency from the required 18-month to the next refueling 
outage but no later than September 30, 1994, of the power operated 
valves in the service water system (TS 4.7.4.4.1.b) and in the boran 
injection flow path (TS 4.1.2.2.c). This would extend the surveillance 
for these valves approximately 5 months.
    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 (SHC), which is 
presented below:
    The proposed changes do not involve a SHC because the changes would 
not:

    1. Involve a significant increase in the probability or 
consequences of an accident previously analyzed.

Technical Specification 4.1.2.2.c

    The subject valve in the boron injection flowpath was exercised 
through a complete cycle on March 7, 1994, during the performance of 
SP 2601A. This surveillance verified the valve's operability. 
However, the performance of this surveillance did not satisfy 
literal compliance with Technical Specification 4.1.2.2.c, because 
it was not performed while the unit was shutdown. A one-time 
extension to the surveillance frequency for the subject valve in the 
boron injection system does not involve a significant increase in 
the probability or consequences of an accident previously analyzed.

Technical Specification 4.7.4.1.b

    Service water valves 2-SW-3.1A and 2-SW-3.1B are normally open 
and are designed to fail in the ``as is'' position. The valves do 
not perform any active safety function (are not considered in any 
operational procedure to mitigate the effects of an abnormal event), 
nor do they provide isolation between the two service water headers. 
Their primary function is to isolate the downstream portion of the 
header for maintenance activities. Increasing the time interval 
between performance of surveillance testing 2-SW-3.1A and 2-SW-3.1B 
does not involve a significant increase in the probability or the 
consequences of a previously analyzed accident.
    In addition, a review of the maintenance and operational history 
of the service water system valves did not identify any previous 
problems with the ability of the valves to open or close, or to meet 
any other design requirements.
    Therefore, the one-time extension of the surveillance interval 
does not involve a significant increase in the probability of 
consequences of an accident.
    2. Create the possibility of new or different kind of accident 
from any previously analyzed.
    The proposed changes do not involve any physical modifications 
to any equipment, structures, or components, nor do they involve any 
changes to any plant operating procedures. The only change is a one-
time extension of the surveillance intervals for one power-operated 
valve in the boron injection system and two power-operated valves in 
the service water system. Thus, the proposed changes do not 
introduce any new failure modes, and they do not create the 
possibility of a new or different kind of accident.
    3. Involve a significant reduction in the margin of safety.
    The proposed changes to Technical Specifications 4.1.2.2.c and 
4.7.4.1.b do not involve any changes to any safety limits, 
setpoints, or design margins. Also the proposed changes do not 
affect any protective boundaries.

Technical Specifications 4.1.2.2.c

    The subject value in the boron injection flowpath was exercised 
through a complete cycle on March 7, 1994. This surveillance did not 
satisfy literal compliance with Technical Specification 4.1.2.2.c, 
because it was not performed while the unit was shutdown. A one-time 
extension of the surveillance for the subject valve in the boron 
injection system does not involve a significant reduction in the 
margin of safety.
    Service water valves 2-SW-3.1A and 2-SW-3.1B are normally open 
and are designed to fail in the ``as is'' position. The valves do 
not perform any active safety function (are not considered in any 
operational procedure to mitigate the effects of an abnormal event), 
nor do they provide isolation between the two service water headers. 
Their primary function is to isolate the downstream portion of the 
header for maintenance activities. Since service water valves 2-SW-
3.1A and 2-SW-3.1B possess no risk significance, the proposed one-
time extension to the surveillance frequency for service water 
valves 2-SW-3.1A and 2-SW-3.1B does not involve a reduction in the 
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 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 22, 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 the Learning Resource Center, Three 
Rivers Community-Technical College, Thames Valley Campus, 574 New 
London Turnpike, Norwich, Connecticut 06360. If a request for 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 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 John F. Stolz: 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 Gerald 
Garfield, Esquire, Day, Berry & Howard, City Place, Hartford, 
Connecticut 06103-3499, 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 14, 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 Learning Resource Center, Three 
Rivers Community-Technical College, Thames Valley Campus, 574 New 
London Turnpike, Norwich, Connecticut 06360.

    Dated at Rockville, Maryland, this 16th day of March 1994.

    For the Nuclear Regulatory Commission.
Guy S. Vissing,
Senior Project Manager, Project Directorate I-4, Division of Reactor 
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 94-6760 Filed 3-22-94; 8:45 am]
BILLING CODE 7590-01-M