[Federal Register Volume 60, Number 221 (Thursday, November 16, 1995)]
[Notices]
[Pages 57605-57607]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28312]



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

NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-220 and 50-410]


Niagara Mohawk Power Corporation; Notice of Consideration of 
Issuance of Amendments 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 amendments to Facility Operating License Nos. 
DPR-63 and NPF-69 issued to Niagara Mohawk Power Corporation for 
operation of the Nine Mile Point Nuclear Station, Unit Nos. 1 and 2, 
respectively, located in Oswego County, New York.
    The proposed amendments would change position titles and reassign 
responsibilities at the upper management level.
    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 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:

    The operation of Nine Mile Point Unit 1 [and Unit 2], in 
accordance with the proposed amendment[s], will not involve a 
significant increase in the probability or consequence of an 
accident previously evaluated.
    None of the accidents previously evaluated are affected by the 
proposed corporate management position title changes or by the 
reassignment of responsibilities. The revised organizational 
structure will not affect the design of systems, structures, or 
components; the operation of plant equipment or systems; nor 
maintenance, modification, or testing activities. The revised 
management reporting structure and assignment of responsibilities 
does not involve accident precursors or initiators previously 
evaluated and does not create any new failure modes that would 
affect any previously evaluated accidents. Therefore, operation in 
accordance with the proposed amendment[s] will not involve a 
significant increase in the probability or consequences of an 
accident previously evaluated.
    The operation of Nine Mile Point Unit 1 [and Unit 2], in 
accordance with the proposed amendment[s], will not create the 
possibility of a new or different kind of accident from any accident 
previously evaluated.
    The revised organizational structure will not affect the design 
of systems, structures, or components; the operation of plant 
equipment or systems; nor maintenance, modification or testing 
activities. The proposed position title changes and responsibility 
assignments do not create any new failure modes or conditions that 
would create a new or different kind of accident. Therefore, 
operation in accordance with the proposed amendment[s] will not 
create the possibility of a new or different kind of accident from 
any previously evaluated.
    The operation of Nine Mile Point Unit 1 [and Unit 2], in 
accordance with the proposed amendment[s], will not involve a 
significant reduction in a margin of safety.
    The proposed amendment[s] define the lines of authority, 
responsibility, and communication necessary to ensure operation of 
the facility in a safe manner. The present Executive Vice 
President--Nuclear will assume the responsibilities of Chief Nuclear 
Officer. The present Vice President--Nuclear Generation will assume 
the responsibilities of Vice President and General Manager--Nuclear. 
These assignments provide the highest level of management expertise 
and experience in the operation of Nine Mile Point Unit 1 [and Unit 
2] and assure that adequate operational safety is maintained. 
Therefore, the proposed organizational restructuring will not 
involve a significant reduction in a margin of safety.
    As determined by the analysis, the proposed amendment[s] involve 
no significant hazards consideration.

    The NRC staff has reviewed the licensee's analyses 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 
proposed amendments involve 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 

[[Page 57606]]
    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 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.
    The filing of requests for hearing and petitions for leave to 
intervene is discussed below.
    By December 18, 1995, 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, and at the local public 
document room located at the Reference and Documents Department, 
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. 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 requests involve 
no significant hazards consideration, the Commission may issue the 
amendments and make them 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 requests involve 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, 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 Mark J. Wetterhahn, 
Esquire, Winston and Strawn, 1400 L Street, NW, Washington, DC. 20005-
3502, 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 

[[Page 57607]]
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 
applications for amendments dated October 25, 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 Reference and Documents Department, 
Penfield Library, State University of New York, Oswego, New York 13126.

    Dated at Rockville, Maryland, this 7th day of November 1995.

    For the Nuclear Regulatory Commission.
Gordon E. Edison,
Senior Project Manager, Project Directorate I-1, Division of Reactor 
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 95-28312 Filed 11-15-95; 8:45 am]
BILLING CODE 7590-01-P