[Federal Register Volume 61, Number 184 (Friday, September 20, 1996)]
[Notices]
[Pages 49498-49499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24134]



[[Page 49498]]

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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-336]


Northeast Utilities Service 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 No. 
DPR-65 issued to Northeast Nuclear Energy Company, et al. (the 
licensee) for operation of the Millstone Nuclear Power Station, Unit 
No. 2, located in New London, Connecticut.
    The proposed amendment was requested on August 27, 1996. The 
proposed changes would clarify the Millstone Unit No. 2 Technical 
Specifications (TSs) limiting condition for operation (LCO) and 
surveillance requirements for the charging pumps and high pressure 
safety injection (HPSI) pumps when the unit is shut down (Modes 5 and 
6).
    The maximum number of pumps allowed to be capable of injecting into 
the reactor coolant system (RCS) in Modes 5 and 6 is limited based on 
the relief capacity of the RCS. Limiting the number of pumps ensures 
adequate low temperature overpressure protection. However, the current 
TSs are not clear on the actions required for the operable pumps when 
surveillance testing is being performed on the emergency diesel 
generators or when the emergency power sources are not available.
    TSs 3.1.2.3, 3.1.2.3.b, 4.1.2.3.2, and 4.1.2.3.3 are all changed to 
clearly differentiate between the pumps required to be capable of 
injecting into the RCS and those required to be made incapable of 
injecting into the RCS. The TS Bases remain unchanged since the request 
does not change the number of pumps required to be capable or the 
number of pumps rendered incapable of injecting into the RCS.
    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:

    The proposed changes do not involve [a significant hazards 
consideration] because the changes would not:
    1. Involve a significant increase in the probability or 
consequence of an accident previously evaluated.
    The change clarifies that only the pumps required to be 
incapable of injecting into the RCS need to be surveilled to verify 
their incapacitated status. The change continues to be consistent 
with the current Bases of the Technical Specifications for Boration 
Systes, 3/4.1.2 and uses wording similar to that in the Improved 
Standard Technical Specfications for Combustion Engineering plants 
(NUREG-1432). The change continues to ensure that reactivity control 
and makeup capability is available during each mode of facility 
operation and that adequate low temperature overpressure protection 
is provided. The change neither increases nor decreases the numer of 
charging and HPSI pumps required to be OPERABLE during operation of 
the facility and therefore, it does not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    2. Create the possibility of a new or different kind of accident 
from any previously analyzed.
    The change clarifies that only the pumps required to be 
incapable of injecting into the RCS need to be surveilled to verify 
their incapacitated status. The change continues to be consistent 
with the current Bases of the Technical Specifications for Boration 
Systems, 3/4.1.2. It continues to ensure that reactivity control and 
makeup capability is available during each mode of facility 
operation and that adquate low temperature overpressure protection 
is provided. The change neither increases nor decreases the number 
of charging and HPSI pumps required to be OPERABLE during operation 
of the facility and therefore, it does not create the possibility of 
a new or different kind of accident from any accident previously 
evaluated.
    3. Involve a significant reduction in the margin of safety.
    The change is consistent with the Technical Specification Bases 
for Boration System, 3/4.1.2. It continues to ensure that reactivity 
control and makeup capability is available during each mode of 
facility operation and that adequate low temperature overpressure 
protection is provided. No changes in analysis assumptions are 
required and therefore, there is not a reduction in the margin of 
safety. On the contrary, maintaining reactivity control and makeup 
capability during each mode of facility operation while also 
ensuring adequate low temperature overpressure protection will 
actually increase 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 
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 October 21, 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

[[Page 49499]]

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 rooms located at the Learning Resources 
Center, Three Rivers Community-Technical College, 574 New London 
Turnpike, Norwich, Connecticut, and the Waterford Library, ATTN: Vince 
Juliano, 49 Rope Ferry Road, Waterford, Connecticut. 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 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 20555-0001, and to Ms. L. 
M. Cuoco, Senior Nuclear Counsel, Northeast Utilities Services Company, 
Post Office Box 270, Hartford, Connecticut 06141-0270, 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 27, 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 rooms located at the Learning Resources Center, Three Rivers 
Community-Technical College, 574 New London Turnpike, Norwich, 
Connecticut, and the Waterford Library, ATTN: Vince Juliano, 49 Rope 
Ferry Road, Waterford, Connecticut.

    Dated at Rockville, Maryland, this 11th day of September 1996.

    For the Nuclear Regulatory Commission.
Daniel G. McDonald Jr., Sr.,
Project Manager, Northeast Utilities Project Directorate, Division of 
Reactor Projects-- I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 96-24134 Filed 9-19-96; 8:45 am]
BILLING CODE 7590-01-P