[Federal Register Volume 63, Number 45 (Monday, March 9, 1998)]
[Notices]
[Pages 11456-11458]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-5948]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-286]


Power Authority of the State of New York; 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-64 issued to New York Power Authority for operation of the Indian 
Point Nuclear Generating Unit No. 3 (IP3) located in Westchester 
County, New York.
    The proposed amendment would change the pressure-temperature and 
overpressure limits.
    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) Does the proposed license amendment involve a significant 
increase in the probability or consequences of an accident 
previously analyzed?
    Response:
    The proposed license amendment does not involve a significant 
increase in the probability or consequences of a previously analyzed 
accident. The pressure-temperature limit changes proposed by this 
amendment are based on supporting data and evaluation methodologies 
previously submitted to the NRC in References 2, 3 and 4 [see 
application dated February 27, 1998]. These limits are based upon 
the irradiation damage prediction methods of Regulatory Guide 1.99, 
Revision 2. The LTOPS [low-temperature overpressure protection] 
changes contained in this submittal have been conservatively 
adjusted in accordance with the new pressure-temperature limits, in 
accordance with the information contained in References 2 and 5 [see 
application dated February 27, 1998] and ASME Code Case N-514.
    The revised version of Section 3.1.A.8 clarifies existing 
requirements related to the OPS [overpressure protection system] 
system and adds an eight hour completion time for compensating 
actions, consistent with the STS. The changes to Section 3.1.A.1.h, 
l, and j revise the requirements associated with the start of an RCP 
[reactor coolant pump]. These changes improve specification clarity 
and do not increase the probability or consequences of an accident.
    The Technical Specification changes associated with the 
restriction on SI [safety injection] pumps provides added 
conservatism to the Technical Specifications and limits the 
likelihood of an RHR [residual heat removal] overpressurization 
event. Current plant procedures prohibit actuation of any SI pumps 
when RHR is in service, except during testing, loss of RHR cooling, 
or reduced inventory operations. Therefore, the change to the 
Technical Specifications will not alter current plant operation.
    (2) Does the proposed license amendment create the possibility 
of a new or different kind of accident from any accident previously 
evaluated?
    Response:

[[Page 11457]]

    The proposed license amendment does not create the possibility 
of a new or different kind of accident from any accident previously 
analyzed. The pressure-temperature limits are updating the existing 
limits by taking into account the effects of radiation 
embrittlement, utilizing criteria defined in Regulatory Guide 1.99, 
Revision 2, and extending the effective period to 13.3 EFPYs 
[effective full-power years]. The updated OPS limits have been 
adjusted to account for the effect of irradiation on the limiting 
reactor vessel material. These changes do not affect the way the 
pressure-temperature or OPS limits provide plant protection and no 
physical plant alterations are necessary.
    The revisions to Section 3.1.A.8 concerning the OPS system 
improve on the clarity of existing specifications and add a 
completion time for compensating actions that is consistent with the 
STS. These changes do not involve any hardware modifications and do 
not affect the function of the OPS system.
    The revisions concerning the operation of SI pumps bring the 
Technical Specifications into line with current operating 
procedures. The changes to Specification 3.1.A.1.h, l, and j provide 
specification clarity and are more conservative than existing 
Technical Specifications. Therefore, the changes cannot create the 
possibility of a new or different kind of accident.
    (3) Does the proposed amendment involve a significant reduction 
in a margin of safety?
    Response:
    The proposed amendment does not involve a significant reduction 
in a margin of safety. The margins of safety against fracture 
provided by the pressure-temperature limits are those limits 
specified in 10 CFR Part 50, Appendix G, ASME [American Society of 
Mechanical Engineers] Boiler and Pressure Vessel Code Section XI, 
Appendix G, and Reference 4 [see application dated February 27, 
1998]. The guidance in these documents has been utilized to develop 
the pressure-temperature limits with the requisite margins of safety 
for the heatup and cooldown conditions. The new LTOP limits are 
based upon References 2 and 5 [see application dated February 27, 
1998] and ASME Code Case N-514.
    The revisions to Section 3.1.A.8 clarify the requirements 
associated with the OPS system. The revisions associated with the 
operation of SI pumps with RHR in service (Sections 3.3.A.3, 8, 9 
and 10) and the changes regarding RCP starts (Section 3.1.A.1.h, l, 
and j) are more conservative than the current Technical 
Specifications, and are consistent with plant operating procedures. 
Therefore, they do not reduce 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 Rules Review and 
Directives Branch, Division of Freedom of Information and Publications 
Services, Office of Administration, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555, 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 April 8, 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 White Plains Public Library, 100 Martine 
Avenue, White Plains, New York 10601. 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

[[Page 11458]]

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, 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 Susan F. Shankman: 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, and to Mr. David Blabey, 
10 Columbus Circle, New York, New York 10019, 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 February 27, 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 White Plains Public Library, 100 
Martine Avenue, White Plains, New York 10601.

    Dated at Rockville, Maryland, this 4th day of March 1998.

    For the Nuclear Regulatory Commission.
George F. Wunder,
Project Manager, Project Directorate I-1, Division of Reactor 
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 98-5948 Filed 3-6-98; 8:45 am]
BILLING CODE 7590-01-P