[Federal Register Volume 61, Number 97 (Friday, May 17, 1996)]
[Notices]
[Pages 24965-24967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12616]



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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. 
DRP-18 issued to Rochester Gas & Electric Corporation (RG&E) for 
operation of the R. E. Ginna Nuclear Power Plant located in Wayne 
County, New York. The proposed amendment would modify the Technical 
Specifications to correct several typographical errors that were 
implemented in the Ginna Station Improved Technical Specifications 
(ITS) at Ginna Station per Amendment No 61.
    On February 24, 1996, RG&E implemented the ITS. Currently, Ginna 
Station is in a defueled condition while in the performance of a steam 
generator replacement project. While in this condition, several 
typographical errors have been discovered within the ITS by various 
plant staff personnel. In general, these errors are minor and are 
readily apparent. However, several errors could lead to confusion and a 
potential incorrect application of a requirement. The correction of 
these more limiting errors is required prior to entering MODE 2 which 
is scheduled to occur on June 2, 1996. Failure to correct these known 
errors would therefore prevent a scheduled resumption in power 
operation. The proposed changes would permit the Ginna Station to enter 
MODE 2 as planned. Exigent action is justified in order to avoid an 
unnecessary delay in reactor startup.
    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.
    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

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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 
changes does not involve a significant increase in the probability 
or consequences of an accident previously evaluated. The proposed 
changes only correct various typographical errors within the 
technical specifications. The errors were discovered during use of 
the new improved technical specifications and do not involve any 
technical issues when compared to NUREG-1431 or the ``old'' 
technical specifications. As such, these changes are administrative 
in nature and do not impact initiators or analyzed events or assumed 
mitigation of accident or transient events. Therefore, these changes 
do not involve a significant increase in the probability or 
consequences of an accident previously analyzed.
    2. Operation of Ginna Station in accordance with the proposed 
changes does not create the possibility of a new or different kind 
of accident from any accident previously evaluated. The proposed 
changes do not involve a physical alteration of the plant (i.e., no 
new or different type of equipment will be installed) or changes in 
the methods governing normal plant operation. The proposed changes 
will not impose any new or different requirements. Thus, this change 
does not create the possibility of a new or different kind of 
accident from any accident previously evaluated.
    3. Operation of Ginna Station in accordance with the proposed 
changes does not involve a significant reduction in a margin of 
safety. The proposed changes will not reduce a margin of plant 
safety because the changes are administrative in nature. As such, no 
question of safety is involved, and the change 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 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 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 20555-0001, 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 June 17, 1996, 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 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

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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 20555-0001, 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 Jocelyn A. Mitchell, Acting Director, 
Project Directorate I-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 20555-0001, 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 May 8, 1996, as supplemented May 10, 
1996, 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.

    Dated at Rockville, Maryland, this fourteenth day of May 1996.

    For the Nuclear Regulatory Commission.
Guy S. Vissing,
Senior Project Manager, Project Directorate I-1, Division of Reactor 
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 96-12616 Filed 5-16-96; 8:45 am]
BILLING CODE 7590-01-P