[Federal Register Volume 60, Number 160 (Friday, August 18, 1995)]
[Notices]
[Pages 43172-43174]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20513]



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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-289]


GPU Nuclear 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-50 issued to GPU Nuclear Corporation (the licensee) for operation 
of the Three Mile Island Nuclear Station, Unit 1 (TMI-1) located in 
Dauphin County, Pennsylvania.
    The proposed amendment would remove Technical Specification (TS) 
Section 3.2, ``Makeup and Purification and Chemical Addition Systems,'' 
and its bases. The pertinent requirements and bases applicable to these 
systems are being incorporated in the TMI-1 Updated Final Safety 
Analysis Report (UFSAR). This proposed change is consistent with the 
Standard Technical Specifications for Babcock and Wilcox Plants (NUREG-
1430, September 1992), which do not include requirements for these 
systems. The proposed change is also consistent with the Commission's 
criteria to be used to determine which structures, systems, and 
components are to be included in the TS. These criteria were recently 
codified in 10 CFR 50.36 of the Commission's regulations as noticed in 
the Federal Register (60 FR 36953, July 19, 1995). The licensee's 
request for the amendment under consideration is dated August 11, 1995, 
and supersedes an earlier request dated May 17, 1995. The staff had 
noticed the earlier request in the Federal Register on June 21, 1995 
(60 FR 32365).
    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 presented 
below:

    1. Operation of the facility in accordance with the proposed 
amendment would not involve a significant increase in the 
probability of occurrence or consequences of an accident previously 
evaluated. The administrative relocation of the existing Technical 
Specification 3.2 requirements for the Makeup and Purification and 
Chemical Addition Systems to the TMI-1 UFSAR is 

[[Page 43173]]
unrelated to the probability of occurrence or the consequences of an 
accident previously evaluated. Design basis accident and transient 
analysis criteria regarding emergency core cooling system (ECCS) 
cold shutdown boration requirements are maintained in TMI-1 
Technical Specification Section 3.3. The requirements currently 
contained in Technical Specification 3.2 do not meet the criteria in 
the NRC ``Final Policy Statement on Technical Specifications 
Improvements for Nuclear Power Reactors,'' July 1992, as codified by 
the revision to 10 CFR 50.36. The proposed amendment is expected to 
produce an improvement in safety through reduced potential action 
statement induced plant transients. Therefore, the proposed 
amendment has no effect on the probability of occurrence or 
consequences of an accident previously evaluated.
    2. Operation of the facility in accordance with the proposed 
amendment would not create the possibility of a new or different 
kind of accident from any accident previously evaluated. Design 
basis accident and transient analysis criteria regarding ECCS cold 
shutdown boration requirements are maintained in TMI-1 Technical 
Specification Section 3.3. Administrative relocation of the existing 
Technical Specification 3.2 requirements for the Makeup and 
Purification and Chemical Addition Systems to the UFSAR ensures that 
these system requirements and bases are appropriately controlled in 
accordance with the requirements of 10 CFR 50.59. Therefore, the 
proposed amendment does not create the possibility of a new or 
different kind of accident from any accident previously evaluated.
    3. Operation of the facility in accordance with the proposed 
amendment would not involve a significant reduction in a margin of 
safety. The proposed amendment is consistent with the Standard 
Technical Specifications for Babcock and Wilcox Plants, NUREG-1430, 
July 1992, and the NRC Final Policy Statement on Improvements to 
Technical Specifications. The requirements currently contained in 
TMI-1 Technical Specification Section 3.2 do not meet any of the 
four (4) criteria in the Final Policy Statement for inclusion in 
Technical Specifications, as codified in the revision to 10 CFR 
50.36. The proposed amendment is expected to produce an improvement 
in safety through reduced potential action statement induced plant 
transients. Administrative relocation of the existing TMI-1 
Technical Specification Section 3.2 requirements for the Makeup and 
Purification and Chemical Addition Systems to the UFSAR ensures that 
these system requirements and bases are appropriately controlled in 
accordance with the requirements of 10 CFR 50.59. Therefore, it is 
concluded that operation of the facility in accordance with the 
proposed amendment does not involve a significant reduction in a 
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 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 September 18, 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 Law/Government Publications Section, State 
Library of Pennsylvania, (Regional Depository) Walnut Street and 
Commonwealth Avenue, Box 1601, Harrisburg, PA 17105.
    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 

[[Page 43174]]
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 Phillip F. McKee: 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 Ernest L. Blake, 
Jr., Esquire, Shaw, Pittman, Potts & Trowbridge, 2300 N Street, NW., 
Washington, DC 20037, 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 August 11, 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 Law/Government Publications Section, State 
Library of Pennsylvania, (Regional Depository) Walnut Street and 
Commonwealth Avenue, Box 1601, Harrisburg, PA 17105.

    Dated at Rockville, Maryland, this day of August 1995.

    For The Nuclear Regulatory Commission.
Ronald W. Hernan,
Senior Project Manager, Project Directorate I-3, Division of Reactor 
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 95-20513 Filed 8-17-95; 8:45 am]
BILLING CODE 7590-01-P