[Federal Register Volume 60, Number 19 (Monday, January 30, 1995)]
[Notices]
[Pages 5739-5740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-2166]



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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-498 and 50-499]


Houston Lighting and Power Company, et al.; Notice of 
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 License Nos. 
NPF-76 and NPR-80, issued to Houston Lighting & Power Company, et al., 
(the licensee) for operation of the South Texas Project, located in 
Matagorda County, Texas. The original application dated November 7, 
1994, was previously published in the Federal Register on December 7, 
1994 (59 FR 63122). That application was supplemented by letters dated 
December 20, 1994, and January 23, 1995.
    The proposed amendment would change the number of diesel generators 
(emergency power supply) required to be operable during Mode 6 with 
greater than or equal to 23 feet of water above the reactor vessel 
flange, from two to one. The amendment would also allow limited 
substitution of an alternate onsite emergency power source for one of 
the two required diesel generators, in Mode 5 and in Mode 6 with less 
than 23 feet of water. In addition, changes to certain system 
specifications that are affected by the changes for the emergency power 
supply were also proposed.
    In the initial application, dated November 7, 1994, the licensee 
stated that approval of these changes is required by February 2, 1995, 
to support the scheduled refueling outage beginning on March 5, 1995. 
They also stated that they would need this lead time to cover planning 
and implementation periods. The licensee has been very prompt and 
attentive to addressing all of the staff's questions and concerns, and 
had provided two supplements (and revised proposed technical 
specifications) to address them. These staff questions and concerns 
were not of a nature that could have reasonably been anticipated by the 
licensee. Approval of this change will allow the licensee to complete 
the refueling outage (and commence startup) significantly earlier than 
without the change.
    Before issuance of the proposed license amendment, the Commission 
will have made finding required by the Atomic Energy Act of 1954, as 
amended (the Act) and the Commission's regulations.
    Pursuant to 10 CFR 50.91(a)(6) for amendments to be granted under 
exigent circumstances, the NRC staff must determine 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 as provided its analysis of 
the issue of no significant hazards consideration, which is presented 
below:

    1. The proposed change does not involve a significant increase 
in the probability or consequences of accidents previously 
evaluated.
    The equipment which is affected by the technical specification 
changes proposed here are not precursors to any accident postulated 
to occur in Modes 5 and 6. Therefore, the probability of an accident 
is not increased. A design review has demonstrated the ability of 
the required systems to perform their accident mitigation functions 
for the postulated accidents during mode 5 and 6 operation. 
Therefore, it is concluded that an increase in the consequences of 
the postulated accidents will not result from the proposed Technical 
Specifications.
    2. The proposed change does not create the possibility of a new 
or different kind of accident from any previously evaluated.
    The system design, function, and performance is not affected by 
these specifications. No new equipment interactions are created. 
Calculations and Failure Modes and Effects Analyses (FMEA) have been 
conducted for selected mechanical systems and show there are no 
failures which would cause situations where applicable accidents 
would not be mitigated or which would cause new accidents. On this 
basis, the proposed change does not create the possibility of a new 
or different kind of accident from any previously evaluated.
    3. The proposed change does not involve a significant reduction 
in the margin of safety.
    The electrical power system specifications support the equipment 
required to be operable, commensurate with the current level of 
safety, including the equipment requiring a diesel backed power 
source. The design review results demonstrate that operation in 
Modes 5 and 6, in accordance with the proposed Technical 
Specification changes, is acceptable from an accident mitigation 
standpoint. The basic Modes 5 and 6 plant system functions are not 
changed. On this basis, the proposed change does not involve a 
significant 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 15 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 15-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 15-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. 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 [[Page 5740]] Gelman Building, 2120 L Street, NW., 
Washington, DC.
    The filing of requests for hearing and petitions for leave to 
intervene is discussed below.
    By February 14, 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 Wharton County Junior College, J.M. Hodges 
Learning Center, 911 Boling Highway, Wharton, Texas 77488. 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 a 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 the amendment is issued before the expiration of the 30-day 
hearing period, the Commission will make a final determination on the 
issue of no significant hazards consideration. If a hearing is 
requested, 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 William D. Beckner, Director, Project Directorate 
IV-1: 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 Jack R. Newman, Esq., Newman & Holtzinger, 
P.C., 1615 L Street, NW., Washington, DC 20036, 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 November 7, 1994, as supplemented by 
letters dated December 20, 1994, and January 23, 1995, which are 
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 Wharton County Junior 
College, J.M. Hodges Learning Center, 911 Boling Highway, Wharton, 
Texas 77488.

    Dated at Rockville, Maryland, this 24th day of January 1995.

    For the Nuclear Regulatory Commission.
Thomas W. Alexion,
Project Manager, Project Directorate IV-1, Division of Reactor Projects 
III/IV, Office of Nuclear Reactor Regulation.
[FR Doc. 95-2166 Filed 1-27-95; 8:45 am]
BILLING CODE 7590-01-M