[Federal Register Volume 62, Number 107 (Wednesday, June 4, 1997)]
[Notices]
[Pages 30625-30627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14534]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-220]


Niagara Mohawk Power Corporation; 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-63 issued to Niagara Mohawk Power Corporation (NMPC) for operation 
of the Nine Mile Point Nuclear Station Unit No. 1 (NMP1) located in 
Lycoming, New York.
    The proposed amendment would make an administrative change to the 
NMP1 Technical Specifications (TSs). The administrative change is to 
add a supervisory position to the list of personnel who may be required 
to hold a senior reactor operator license.
    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 operation of Nine Mile Point Unit 1, in accordance with the 
proposed amendment, will not involve a significant increase in the 
probability or consequences of an accident previously evaluated.
    The addition of the position of GSO [General Supervisor 
Operations] and the requirement for either the GSO or the

[[Page 30626]]

Manager Operations to have an SRO, [Senior Reactor Operator] license 
is a restructuring of the Operations department. The proposed 
changes are administrative changes that provide additional 
Operations management oversight capabilities. The resulting 
organization meets the requirements of ANSI [American National 
Standards Institute] N18.1-1971 and SRP [Standard Review Plan] 
13.1.1-13.1-3. No physical modification of the plant is involved and 
no changes to the methods in which plant systems are operated are 
required.
    None of the precursors of previously evaluated accidents are 
affected, and no new failure modes are introduced. Therefore, this 
change will not involve a significant increase in the probability or 
consequences of an accident previously evaluated.
    The operation of Nine Mile Point Unit 1, in accordance with the 
proposed amendment, will not create the possibility of a new or 
different kind of accident from any accident previously evaluated.
    The addition of the position of GSO and the requirement for 
either the GSO or the Manager Operations to have an SRO license is a 
restructuring of the Operations department. The proposed changes are 
administrative changes that provide additional Operations management 
oversight capabilities. The resulting organization meets the 
requirements of ANSI N18.1-1971 and SRP 13.1.1-13.1.3. No physical 
modification of the plant is involved and no changes to the methods 
in which plant systems are operated are required. As such, the 
change does not introduce any new failure modes or conditions that 
may create a new or different accident. Therefore, this change does 
not in itself create the possibility of a new or different kind of 
accident from any accident previously evaluated.
    The operation of Nine Mile Point Unit 1, in accordance with the 
proposed amendment, will not involve a significant reduction in a 
margin of safety.
    The addition of the position of GSO and the requirement for 
either the GSO or the Manager Operations to have an SRO license is a 
restructuring of the Operations department. The proposed changes are 
administrative changes that provide additional Operations management 
oversight capabilities. The resulting organization meets the 
requirements of ANSI N18.1-1971 and SRP 13.1.1-13.1.3. No physical 
modification of the plant is involved and no changes to the methods 
in which plant systems are operated are required. As such, this 
change does not in itself adversely affect any physical barrier to 
the release of radiation to plant personnel or to the public. 
Therefore, the change does not involve a significant reduction in a 
margin of safety.

    The NRC staff has reviewed the licensee's analysis and, based on 
this review, agrees 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 July 7, 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 Reference and Documents Department, 
Penfield Library, State University of New York, Oswego, New York 13126. 
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

[[Page 30627]]

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: Rulemakings and 
Adjudications Staff, 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 Alexander W. Dromerick, Acting Director: 
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 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 May 16, 1997, 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 Reference and Documents Department, 
Penfield Library, State University of New York, Oswego, New York 13126.

    Dated at Rockville, Maryland, this 30th day of May 1997.

    For the Nuclear Regulatory Commission.
Alexander W. Dromerick,
Acting Director, Project Directorate I-1, Division of Reactor 
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 97-14534 Filed 6-3-97; 8:45 am]
BILLING CODE 7590-01-P