[Federal Register Volume 61, Number 177 (Wednesday, September 11, 1996)]
[Notices]
[Pages 47963-47965]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23195]


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NUCLEAR REGULATORY COMMISSION
[Docket Nos. STN 50-528, STN 50-529, and STN 50-530]


Arizona Public Service Company; Notice of Consideration of 
Issuance of Amendments to Facility Operating Licenses, 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. 
NPF-41, NPF-51, and NPF-74 issued to Arizona Public Service Company 
(the licensee) for operation of the Palo Verde Nuclear Generating 
Station, Units 1, 2, and 3, located in Maricopa County, Arizona.
    The proposed amendment would modify the technical specifications 
(TS) to change (1) The reference method for calculating dose conversion 
factors (DCFs) to be used in dose calculations, and (2) the upper and 
lower limits for operating pressurizer pressure to account for new 
instrument uncertainties and to reduce the allowed operating band.
    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

[[Page 47964]]

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. The NRC staff's analysis is presented below.
    1. The proposed change does not involve a significant increase in 
the probability or consequences of an accident previously evaluated.
    The proposed amendment does not involve any change in the method of 
operation of any plant equipment or modify any plant equipment. The 
proposed change to the allowed pressurizer pressure operating band does 
not add any operating range not previously allowed, nor does it affect 
the nominal operating pressure. Thus the proposed change does not 
represent a new or more frequent initiating event or transient. Based 
on a review of historical plant operating data for pressurizer 
pressure, limiting the allowed operating band for pressure will not 
require additional operator action or create additional burden on the 
operators. Nominal operating pressure is approximately 2250 psia, and 
pressure deviates only approximately 10 psi from this pressure during 
normal operation. Additionally, the reactor trip setpoints remain 
unchanged, thus the proposed change will not affect the probability of 
a reactor trip. The proposed change to the DCFs would allow use of a 
more accurate method for determining thyroid dose consequence resulting 
from postulated accident conditions. This portion of the proposed 
change does not involve any changes to plant operation or equipment. 
Therefore, the proposed changes do not involve a significant increase 
in the probability of an accident.
    The proposed change to the allowed pressurizer pressure band would 
be used in transient and accident analyses for each core reload. The 
proposed change does not affect the acceptance criteria for the 
analysis results, thus this portion of the proposed change would not 
affect the consequences of accidents previously analyzed.
    The proposed change to DCFs does not affect the calculated off-site 
doses to postulated accidents. The new DCFs would only provide more 
accurate estimates of the potential effects to the thyroid based on the 
calculated off-site doses.
    Based on the above, the proposed changes do not result in 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 proposed amendments do not modify the configuration of the 
units, involve any change to plant equipment, or change the methods of 
plant operation. Thus, the proposed changes do not result in any new 
failure modes for any plant system or component. Therefore, the 
amendment 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 change associated with operating pressurizer pressure 
limits will implement more restrictive acceptance criteria in 
surveillance procedures to ensure that safety analysis assumptions are 
maintained. The more restrictive range of operation has been analyzed 
and is bounded by the existing safety analyses. The use of new DCFs in 
dose effects calculations do not change any of the safety limits for 
existing analyses. Therefore, the proposed changes do not involve a 
significant reduction in a margin of safety.
    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 Chief, 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 October 11, 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 Phoenix Public Library, 1221 N. Central 
Avenue, Phoenix, Arizona 85004. 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

[[Page 47965]]

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 William H. Bateman, Director, Project 
Directorate IV-2: 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 Nancy C. Loftin, Esq., Corporate 
Secretary and Counsel, Arizona Public Service Company, P.O. Box 53999, 
Mail Station 9068, Phoenix, Arizona 85072-3999, 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 June 17, 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 Phoenix Public Library, 1221 N. Central 
Avenue, Phoenix, Arizona 85004.

    Dated at Rockville, Maryland, this 6th day of September 1996.

    For the Nuclear Regulatory Commission.
James W. Clifford,
Senior Project Manager, Project Directorate IV-2, Division of Reactor 
Projects--III/IV, Office of Nuclear Reactor Regulation.
[FR Doc. 96-23195 Filed 9-10-96; 8:45 am]
BILLING CODE 7590-01-P