[Federal Register Volume 61, Number 122 (Monday, June 24, 1996)]
[Notices]
[Pages 32468-32470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15988]



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NUCLEAR REGULATORY COMMISSION
Docket Nos. 50-272 and 50-311]


Public Service Electric and Gas Company; 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 Nos. 
DPR-70 and DPR-75 issued to Public Service Electric & Gas Company (the 
licensee) for operation of Salem Nuclear Generating Station, Units 1 
and 2, located in Salem County, New Jersey.
    The proposed amendments would revise Technical Specification 3/
4.7.6, ``Control Room Emergency Air Conditioning System [CREACS],'' to 
reflect a control room design in which the common Salem Unit 1 and Unit 
2 control room envelope is supplied by 2 one-hundred percent capable 
Control Room Emergency Air Conditioning System trains.
    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. The proposed change does not involve a significant increase 
in the probability or consequences of an accident previously 
evaluated.
    CREACS ensures adequate protection after an accident and is not 
an accident initiator. The changes to the emergency operating mode 
and configuration of the CREACS, while modifying the control room 
dose assessment, do not affect the probability of an accident.
    The proposed operation of the CREACS in the pressurization mode 
at the initiation of an accident will reduce overall operator doses 
from such an event and will ensure that the requirements of General 
Design Criterion (GDC) 19 will be met. Operation in the 
recirculation mode to mitigate the consequences of a fire or a toxic 
release, if necessary, or as a compensatory measure when receiving 
ammonium hydroxide does not significantly increase the consequences 
of other accidents due to the short duration of these events, the 
ability to re-align the system to the pressurization mode manually, 
and the suspension of Core Alterations or fuel movement.
    The CREACS as modified satisfies [technical specification] TS 
Bases 3.7.6. The CREACS ensures that (1) the ambient air temperature 
does not exceed the allowable temperature for continuous duty rating 
for equipment and instrumentation cooled by the CREACS and (2) the 
Control Room will remain habitable for operations personnel during 
and following all credible accident conditions.
    The proposed changes reflect the commonality of the Salem Unit 1 
and Unit 2 [common room envelope] CRE and the supporting CREACS 
trains by adopting the guidance for required actions, allowed outage 
times, and testing provided in the [Standard Technical 
Specification] STS.
    Therefore, the proposed TS change does not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    2. The proposed change does not create the possibility of a new 
or different kind of accident from any accident previously 
evaluated.
    The establishment of the CREACS as a shared system for both 
Units 1 and 2 will not result in a new accident release scenario. 
The upgraded CREACS reflected by this submittal revises the 
emergency operating mode from the original recirculation mode to a 
pressurization mode in the event of a radiological emergency. This 
change in CREACS operating philosophy is in support of compliance 
with the limits of GDC 19. Modifications to the Salem control rooms 
regarding the controlled atmospheric boundary configuration and how 
the configuration is maintained cannot result in new accident 
scenarios.
    Therefore, the proposed TS change does not create the 
possibility of a new or different kind of accident from any accident 
previously evaluated.
    3. The proposed change does not involve a significant reduction 
in a margin of safety.
    The proposed changes support modifications to the CREACS as part 
of corrective actions identified in Licensee Event Reports with the 
intent of compliance with General Design Criterion 19 limits. The 
changes do no[t] impact the existing safety analyses while retaining 
and meeting current requirements and General Design Criteria 
limitations and gaining a redundancy in the affected system. The 
modified CREACS meets the TS Bases 3.7.6 requirements. CREACS 
ensures that (1) the ambient air temperature does not exceed the 
allowable temperature for continuous duty rating for equipment and 
instrumentation cooled by the CREACS and (2) the Control Room will 
remain habitable for operations personnel during and following all 
credible accident conditions. This clarification of the CREACS 
operability requirements and the application of more conservative 
requirements to Unit 1 will result in a net increase to operator 
safety.
    Therefore, the proposed TS 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 30 days after the date of

[[Page 32469]]

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 20555-0001, 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 July 24, 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 Salem Free Public Library, 112 West 
Broadway, Salem, New Jersey. 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 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 John F. Stolz: 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 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

[[Page 32470]]

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 June 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 Salem Free Public Library, 112 West 
Broadway, Salem, New Jersey.

    Dated at Rockville, Maryland, this 18th day of June 1996.

    For the Nuclear Regulatory Commission.
Leonard N. Olshan,
Project Manager, Project Directorate I-2, Division of Reactor 
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 96-15988 Filed 6-21-96; 8:45 am]
BILLING CODE 7590-01-P