[Federal Register Volume 61, Number 217 (Thursday, November 7, 1996)]
[Notices]
[Pages 57719-57721]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-28642]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-489 AND 50-499]


Houston Lighting and Power Company, City Public Service Board of 
San Antonio Central Power and Light Company; City of Austin, Texas of 
Transfer of Licenses and 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 approval under 10 CFR 50.80 of the transfer of Facility 
Operating License Nos. NPF-76 and NPF-80, issued to Houston Lighting & 
Power Company, et al., (HL&P, the licensee) with respect to operating 
authority thereunder for the South Texas Project, located in Matagorda 
County, Texas, and considering issuance of conforming amendments under 
10 CFR 50.90.
    The proposed transfer of operating authority under the licenses 
would authorize a new operating company to use and operate South Texas 
Project Units 1 and 2 (STP) and to possess and use related licensed 
nuclear materials in accordance with the same conditions and 
authorizations included in the current operating licenses. The 
operating company would be formed by the owners to become the licensed 
operator for STP and would have exclusive control over the operation 
and maintenance of the facility. The licenses would be amended to 
reflect the transfer of authority under the licenses.
    Under the proposed arrangement, ownership of STP will remain 
unchanged with each owner retaining its current ownership interest. The 
new operating company will not own any portion of STP. Likewise, the 
owners' entitlement to capacity and energy from STP will not be 
affected by the proposed change in operating responsibility for STP 
from HL&P to the new operating company. The owners will continue to 
provide all funds for the operation, maintenance, and decommissioning 
by the operating company of STP. The responsibility of the owners will 
include funding for any emergency situations that might arise at STP.
    Pursuant to 10 CFR 50.80, the Commission may approve the transfer 
of a license, or any right thereunder, after notice to interested 
persons. Such approval is contingent upon the Commission's 
determination that the proposed transferee is qualified to hold the 
license and that the transfer is otherwise consistent with applicable 
provisions of law, regulations, and orders of the Commission.
    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 facilities in accordance with the proposed amendments 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 amendments will not increase the probability or 
consequences of any accident previously evaluated.
    The employees of HL&P presently engaged in the operation of STP 
will become employees of OPCO [the operating company]. Personnel 
qualifications, therefore, will remain the same as those discussed 
in the Technical Specifications and the UFSAR [Updated Final Safety 
Analysis Report]. The organizational structure of OPCO will continue 
to provide for clear management control and effective lines of 
authority and communication among the organizational units involved 
in the management, operation, and technical support of the facility. 
Accordingly, the technical qualifications of OPCO will be at least 
equivalent to those of HL&P presently.
    As a result of the proposed amendments, there will not be 
physical changes to the facility, and all Limiting Conditions for 
Operation, Limiting Safety System Settings, and Safety Limits 
specified in the Technical Specifications will remain unchanged. 
With the exception of administrative changes to reflect the role of 
OPCO, the Quality Assurance Program, the Emergency Plan, Security 
Plan, and Training Program are unaffected. The Operating Agreement 
will ensure continued compliance with GDC [General Design Criterion] 
17 as well as OPCO control over all activities within the exclusion 
area.
    Therefore, the proposed changes will not increase the 
probability or consequences of any accident previously evaluated.
    2. The proposed amendments will not create the possibility of a 
new or different kind of accident from any accident previously 
evaluated.
    The design and design bases of STP will remain the same. 
Therefore, the current plant safety analyses which address the 
licensing basis events and analyze plant response and consequences, 
will not be affected. The Limiting Conditions for Operation, 
Limiting Safety System Settings, and Safety Limits are not affected 
by the proposed amendments. With the exception of administrative 
changes to reflect the role of OPCO, plant procedures are 
unaffected. As such, the plant conditions for which the design basis 
accident analyses have been performed will not be changed. 
Therefore, the proposed amendments cannot create the possibility of 
a new or different kind of accident than previously evaluated.
    3. The proposed amendments will not involve a reduction in a 
margin of safety.
    Plant safety margins are established through Limiting Conditions 
for Operation, Limiting Safety System Settings, and Safety Limits 
specified in the Technical Specifications. There will be no change 
to the physical design or operation of the plant or to any of these 
margins. The proposed amendments, therefore, will not involve a 
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 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 57720]]

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 
facilities, 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 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 December 9, 1996, the licensee may file a request for a hearing 
with respect to the proposed transfer of operating authority under the 
licenses and issuance of conforming 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 Wharton County Junior College, J. M. 
Hodges Learning Center, 911 Boling Highway, Wharton, TX 77488. 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 transfer approval or amendments 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 with respect to the proposed amendments, 
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 
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 request involves a 
significant hazards consideration, any hearing held would take place 
before the issuance of any such 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 20555-0001, 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 D. Beckner, Director, Project 
Directorate IV-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 Jack R. Newman, Esq., Morgan, Lewis & 
Bockius, 1800 M Street, N.W., Washington, D.C. 20036-5869, attorney for 
the licensee.
    Nontimely filings of petitions for leave to intervene, amended 
petitions,

[[Page 57721]]

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 dated August 23, 1996, as supplemented by letters dated 
October 1 and 15, 1996, regarding the transfer of licenses and 
amendments, 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 Wharton County Junior College, J. M. Hodges Learning Center, 911 
Boling Highway, Wharton, TX 77488.

    Dated at Rockville, Maryland, this 1st day of November 1996.

    For the Nuclear Regulatory Commission.
William D. Beckner,
Project Director, Project Directorate IV-1, Division of Reactor 
Projects III/IV, Office of Nuclear Reactor Regulation.
[FR Doc. 96-28642 Filed 11-06-96; 8:45 am]
BILLING CODE 7590-01-P