[Federal Register Volume 59, Number 189 (Friday, September 30, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24212]


[[Page Unknown]]

[Federal Register: September 30, 1994]


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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-286 and 50-333]

 

Power Authority of the State of New York; Consideration of 
Issuance of Amendments to Facility Operating Licenses, Proposed No 
Significant Hazards Consideration Determination, and Opportunity for a 
Hearing

    The U.S. Nuclear Regulatory Commission (the Commission) is 
considering issuance of amendments to Facility Operating Licenses Nos. 
DRP-64 and DPR-59, issued to the Power Authority of the State of New 
York (the licensee), for operation of the Indian Point Nuclear 
Generating Unit No. 3 (Indian Point 3) located in Westchester County, 
New York, and the James A. FitzPatrick Nuclear Power Plant 
(FitzPatrick) located in Oswego County, New York, respectively.
    The proposed amendments would revise Section 6.0 (Administrative 
Controls) of the Technical Specifications of both facilities to 
reflect, in part, licensee management changes. Specifically, the title 
of Executive Vice President--Nuclear Generation is being changed to 
Executive Vice President and Chief Nuclear Officer and a new position, 
Vice President Regulatory Affairs and Special Projects, which will 
report to the Executive Vice President and Chief Nuclear Officer, is 
being established. In addition, the list of Safety Review Committee 
(SRC) members is being deleted and replaced with a description of SRC 
membership requirements, including individual qualifications. Each SRC 
member, including the alternates, will have to be approved by the 
Executive Vice President and Chief Nuclear Officer.
    Before issuance of the proposed license amendments, 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 facilities in accordance with the proposed amendments 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:

    Operation of the FitzPatrick and Indian Point 3 nuclear power 
plants in accordance with the proposed amendment[s] would not 
involve a significant hazards consideration as defined in 10 CFR 
50.92, since it would not:
    1. Involve a significant increase in the probability or 
consequences of an accident previously evaluated. The proposed 
change is purely administrative and does not involve plant equipment 
or operating parameters. There is no change to any accident analysis 
assumptions or other conditions which could effect previously 
evaluated accidents. The proposed change will not decrease the 
effectiveness of the organization's ability to respond to a design 
basis accident.
    2. Create the possibility of a new or different kind of accident 
from those previously evaluated. Since the proposed change is 
administrative in nature and does not involve hardware design or 
operation, it cannot create the possibility of a new or different 
kind of accident.
    3. Involve a significant reduction in the margin of safety. The 
authority and responsibilities of the Resident Managers and the 
Executive Vice President and Chief Nuclear Officer with respect to 
the safe operation and maintenance of the FitzPatrick and Indian 
Point 3 nuclear plant are not being reduced or otherwise changed.
    The proposed changes do not reduce the effectiveness of the SRC 
as an oversight committee.

    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 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 amendments 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 
facilities, the Commission may issue the license amendments before the 
expiration of the 30-day notice period, provided that its final 
determination is that the amendments involve 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 
20555.
    The filing of requests for hearing and petitions for leave to 
intervene is discussed below.
    By October 31, 1994, the licensee may file a request for a hearing 
with respect to issuance of the amendments to the subject facility 
operating licenses 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 rooms located at the White Plains Public Library, 100 
Martine Avenue, White Plains, New York 10601 and the 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. The 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 which 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 
amendments and make it immediately effective, notwithstanding the 
request for a hearing. Any hearing held would take place after issuance 
of the amendments.
    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 amendments.
    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 Michael J. Case: 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 Mr. Charles 
M. Pratt, 10 Columbus Circle, New York, New York 10019, 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 amendments dated September 16, 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 rooms located at the White Plains Public Library, 
100 Martine Avenue, White Plains, New York 10601 and the Penfield 
Library, State University of New York, Oswego, New York 13126.

    Dated at Rockville, Maryland this 23rd day of September 1994.

    For the Nuclear Regulatory Commission.
Michael J. Case,
Acting Director, Project Directorate I-1, Division of Reactor 
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 94-24212 Filed 9-29-94; 8:45 am]
BILLING CODE 7590-01-M