[Federal Register Volume 62, Number 48 (Wednesday, March 12, 1997)]
[Notices]
[Pages 11480-11482]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6176]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-293]


Pilgrim Nuclear Power Station; 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-35 issued to Boston Edison Company (BECo, the licensee) for 
operation of the Pilgrim Nuclear Power Station located in Plymouth 
County, Massachusetts.
    The proposed amendment would review and approve the engineering 
analysis used to evaluate the effects of damping values in the seismic 
analysis of various Pilgrim Station piping systems. Following NRC 
approval, BECo would revise the Pilgrim Updated Final Safety Analysis 
Report (UFSAR) to make the above engineering analysis the design basis 
of record for the affected piping systems provided in the licensee's 
January 24, 1997, letter, as supplemented on February 13 and 27, 1997.
    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) Involve a significant increase in the probability or 
consequences of an accident previously evaluated.
    The engineering evaluation referenced above compared newly 
generated in-structure response spectra for the reactor building 
using an enhanced reactor building model and included the effects of 
soil/structure interaction. The results show the new spectra are 
enveloped by a comparable UFSAR design basis spectra and that piping 
stresses are less than design basis allowables. The new spectra 
differ from the current UFSAR response spectra in that the generic 
Regulatory Guide 1.60 spectral shape is used to characterize the 
0.15g Safe Shutdown Earthquake control motion using a soil/structure 
interaction analysis with an upgraded structural model to evaluate 
building response and ASME Code Case N411 damping values for piping 
analyses.
    The new piping stresses computed, as described above, result in 
less than design basis allowables. Since the stresses are acceptable 
and the methods to compute them used applicable Standard Review Plan 
(SRP) guidance, the proposed UFSAR revision does not significantly 
increase the probability of loss-of-coolant accidents (i.e., piping 
failures) nor significantly reduce the reliability of piping needed 
to mitigate the consequences of accidents. Therefore, the proposed 
revision 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 accident previously evaluated.
    The revision relates to the method used to compute the response 
of structures and piping to seismic excitation and does not 
introduce a new type of failure mode. Since no new accident 
initiators are created, no new types of accidents can occur. 
Therefore, the proposed revision does not create the possibility of 
a new or different kind of accident from any accident previously 
evaluated.
    (3) Involve a significant reduction in a margin of safety.
    The margin of safety for affected piping systems is reduced 
because the new response spectra results in a reduction of the 
computed seismic stresses compared to those computed using current 
UFSAR response spectra. However, this reduction in margin is not 
significant because the resulting piping stresses are less than 
design basis allowable values, and the methods used to compute 
response spectra associated with the 0.15 g Safe Shutdown Earthquake 
were determined using applicable NRC SRP guidance. Thus, although 
margin of safety for the affected piping is reduced, it is not 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 
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

[[Page 11481]]

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 April 11, 1997, 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 Plymouth Public Library, 132 South Street, 
Plymouth, Massachusetts. 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 Patrick D. Milano: 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 W.S. 
Stowe, Esquire, Boston Edison Company, 800 Boylston Street, 36th Floor, 
Boston, Massachusetts, 02199, 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

[[Page 11482]]

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 January 24, 1997, as supplemented 
February 13 and 27, 1997, 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 Plymouth Public Library, 132 South Street, Plymouth, 
Massachusetts.

    Dated at Rockville, Maryland, this 6th day of March 1997.

    For the Nuclear Regulatory Commission.
Alan B. Wang,
Project Manager, Project Directorate I-3, Division of Reactor 
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 97-6176 Filed 3-11- 97; 8:45 am]
BILLING CODE 7590-01-P