[Federal Register Volume 60, Number 55 (Wednesday, March 22, 1995)]
[Notices]
[Pages 15167-15168]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7015]



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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-244]


Rochester Gas and Electric 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-18 issued to Rochester Gas and Electric Corporation (RG&E) for 
operation of the Ginna Nuclear Power Plant located in Wayne County, New 
York.
    The proposed amendment would revise Ginna Station Technical 
Specification (TS) 4.4.2.4.a to replace specific leakage testing 
frequencies for containment isolation valves. This TS change will 
support a proposed Exemption to Title 10 of the Code of Federal 
Regulations (10 CFR) Part 50, Appendix J, Section III.D.3, requested 
under separate cover to exempt Type C testing of certain valves during 
a 1995 refueling outage.
    Before issuance of the proposed license amendment, the Commission 
will have made findings require 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 Ginna Station in accordance with the proposed 
change does not involve a significant increase in the probability or 
consequence of an accident previously evaluated. The change is 
consistent with NUREG-1431 [Standard Technical Specifications - 
Westinghouse Plants, dated September 1993] and has therefore, been 
previously evaluated and accepted by the NRC. The change involves no 
technical change to the existing Technical Specification since 10 
CFR Appendix J provides equivalent testing frequencies as those 
currently specified in TS 4.4.2.4.a. There is no impact to 
initiators of analyzed events or assumed mitigation of accident on 
transient events. Implementation of this change is expected to 
result in more efficient use of RG&E and the NRC resources without 
any reduction in safety.
    2. Operation of Ginna Station in accordance with the proposed 
change does not create the possibility of a new or different kind of 
accident from any accident previously evaluated. The change is 
consistent with NUREG-1431 and has therefore, been previously 
evaluated and accepted by the NRC. The change does not involve 
physical alterations of the plant (no new or different type of 
equipment will be installed) or changes in methods governing normal 
plant operation. The change does not impose or eliminate any new or 
different requirements since 10 CFR [Part] 50, Appendix J provides 
equivalent testing frequencies as those currently specified in TS 
4.4.2.4.a.
    3. Operation of Ginna Station in accordance with the proposed 
changes does not involve a significant reduction in a margin of 
safety. All requirement in the technical specifications related to 
containment isolation valves remain the same with exception that a 
reference to 10 CFR [Part] 50, Appendix J is being provided in place 
of specific leakage testing requirements. The change has no impact 
on any safety analysis assumptions.

    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 April 21, 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 Rochester Public Library, 115 South 
Avenue, Rochester, New York 14610. 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 [[Page 15168]] 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, 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 Ledyard B. Marsh: 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 Nicholas S. 
Reynolds, Winston & Strawn, 1400 L Street, NW., Washington, DC 20005, 
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 13, 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 Rochester Public Library, 115 South 
Avenue, Rochester, New York 14610.

    Dated at Rockville, Maryland, this 16th day of March 1995.

For The Nuclear Regulatory Commission.
Clarence E. Carpenter,
Acting Project Manager, Project Directorate I-1, Division of Reactor 
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 95-7015 Filed 3-21-95; 8:45 am]
BILLING CODE 7590-01-M