[Federal Register Volume 63, Number 36 (Tuesday, February 24, 1998)]
[Notices]
[Pages 9270-9272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-4624]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-387 and 50-388]


Pennsylvania Power and Light 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-14 and NPF-22 issued to Pennsylvania Power and Light Company (PP&L, 
the licensee) for operation of the Susquehanna Steam Electric Station 
(SSES), Units 1 and 2, located in Luzerne County, Pennsylvania.
    The proposed amendment would change the SSES Technical 
Specifications facility staff requirements to allow an individual who 
does not hold a current senior reactor operator (SRO) license to hold 
the position of Manager-Nuclear Operations (MNO) and require an 
individual serving in the capacity of the Operations Supervisor-Nuclear 
to hold a current SRO license and report directly to the MNO and be 
responsible for directing the licensed activities of licensed 
operators.
    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. The proposed changes do not involve a significant increase in 
the probability or consequences of an accident previously evaluated.
    The proposed changes affect an administrative control which was 
based upon the guidance of ANSI N18.1-1971. ANSI N18.1-1971 
establishes that the ``Operations Manager'' hold a SRO license. This 
standard was oriented to an organization where the duty Shift 
Supervisors reported directly to the ``Operations Manager''. The 
intent being that the person in the chain of command directly above 
the duty Shift Supervisors hold a SRO license. Susquehanna SES 
maintains the position of Operations Supervisor-Nuclear as this 
person within the chain of command. The position of Operations 
Supervisor-Nuclear satisfies all of the requirements of ANSI N18.1-
1971 for the ``Operations Manager''. These changes retain the 
commitment to have a member of the unit staff not assigned to shift 
duties who holds a SRO license.
    The proposed changes do not alter the design of any system, 
structure, or component, nor do they change the way plant systems 
are operated. They do not reduce the knowledge, qualifications, or 
skills of licensed operators, and do not affect the way the 
Operations Group is managed by the Manager-Nuclear Operations. The 
Manager-Nuclear Operations will continue to maintain the effective 
performance of operations personnel and ensure that the plant is 
operated safely and in accordance with the requirements of the 
operating license. Additionally, the control room operators will 
continue to be supervised by a licensed senior reactor operator.
    The proposed changes do not detract from the Manager-Nuclear 
Operations ability to perform his primary responsibilities. The 
Manager-Nuclear Operations is required to achieve the necessary 
training, skills, and experience to fully understand the operation 
of plant equipment and the watch requirements for operators.
    In summary, the changes retain the commitment to have a member 
of the unit staff not assigned to shift duties who holds a SRO 
license. The proposed changes do not detract from the Manger-Nuclear 
Operations ability to perform his primary responsibilities. Thus, 
the proposed changes do not involve a significant increase in the 
probability or consequences of an accident previously evaluated.
    2. The proposed changes do not create the possibility of a new 
or different kind of accident from any accident previously 
evaluated.
    The proposed changes to Technical Specification 6.2.2g and 6.3.1 
do not affect

[[Page 9271]]

the design or function of any plant system, structure, or component, 
nor do they change the way the plant systems are operated. They do 
not affect the performance of licensed operators. Operation of the 
plant in conformance with technical specifications and other license 
requirements will continue to be supervised by personnel who hold a 
SRO license. Therefore, the proposed changes do not create the 
possibility of a new or different kind of accident from any accident 
previously evaluated.
    3. The proposed changes do not involve a significant reduction 
in a margin of safety.
    The proposed changes involve an administrative control that is 
not related to a margin of safety. The proposed changes do not 
reduce the level of knowledge or experience required of an 
individual in the chain of command who serves directly above the 
duty Shift Supervisors in that the control room operators will 
continue to be supervised by personnel who hold a SRO license. Thus, 
the proposed changes do not involve a significant 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 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 and 
Directives Branch, Division of Administrative 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 6D59, 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 March 26, 1998, 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 Osterhout Free Library, Reference 
Department, 71 South Franklin Street, Wilkes-Barre, PA. 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

[[Page 9272]]

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. 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 Jay Silberg, Esquire, Shaw, Pittman, 
Potts and Trowbridge, 2300 N Street, NW, Washington, DC 20037, 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 January 26, 1998, 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 Osterhout Free Library, Reference 
Department, 71 South Franklin Street, Wilkes-Barre, PA 18701.

    Dated at Rockville, Maryland, this 18th day of February 1998.

    For the Nuclear Regulatory Commission.
Victor Nerses,
Senior Project Manager, Project Directorate I-2, Division of Reactor 
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 98-4624 Filed 2-23-98; 8:45 am]
BILLING CODE 7590-01-P