[Federal Register Volume 65, Number 13 (Thursday, January 20, 2000)]
[Notices]
[Pages 3256-3258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-1303]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-247]


Consolidated Edison Company of New York, Inc.; 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-26 issued to Consolidated Edison Company of New York, Inc (the 
licensee) for operation of the Indian Point Nuclear Generating Unit No. 
2, located in Westchester County, New York.
    The proposed amendment would revise Technical Specifications (TSs) 
and associated basis pages to incorporate changes based on NUREG-1465 
alternate source term analysis. Specifically, (1) change the title of 
4.5.D of the table of contents to delete the words ``Air Filtration'', 
this proposed change is to reflect the revised function of the system 
to cooling of containment only, as a result of the proposed deletion of 
high-efficiency particulate air (HEPA) and charcoal filters; (2) revise 
TS 3.3.B.1.b. to delete the words ``charcoal filter'', this proposed 
change reflects the deletion of the charcoal filters from the fan 
cooler units; (3) change TS 3.8.B.4 ``174 hours'' to ``100 hours'', 
this proposed change reflects the reanalysis for the minimum time for 
radioactive decay before moving fuel; (4) revise TS 3.8.B.8 to delete 
``and at least one personnel door in the equipment door or closure 
plate and in the personnel air lock'', this proposed

[[Page 3257]]

change reflects a reanalysis of the fuel handling accident where no 
credit is taken for containment isolation; (5) revise TS 4.5.D. to 
delete the words ``AIR FILTRATION'', this proposed change is to reflect 
the revised function of the system to cooling of containment only, as a 
result of the proposed deletion of HEPA and charcoal filters; (6) 
modify TS 4.5.D.1 and TS 4.5.E.1 to change ``per 31 days'' to 
``monthly'', and delete the words ``HEPA filters and charcoal 
adsorbers'', this proposed change would make the terminology consistent 
as defined in the specifications. Monthly and 31 days are used 
synonymously. Deletion of testing requirements is consistent with the 
proposed deletion of the filters themselves; (7) revise TS 4.5.D.2 to 
change ``65,600 cfm +/-10%'' to ``greater than or equal to 64,500 
cfm.'' and delete the remaining parts of 4.5.D.2 and 4.5.D.3 through 
4.5.D.6. This proposed change is to specify the flows consistent with 
the reanalysis of design-basis accidents. utilizing the NUREG-1465 
alternate source term. The +/-10% is no longer required, since a 
residence time for charcoal filters need not be specified after the 
filters are removed. The remaining parts of this specification relate 
to testing of filters, which are themselves being removed; (8) revise 
TS 4.5.E.2.a, b, c, 4.5.E.4.a, 4.5.E.5, and 6 to change ``1840 cfm'' to 
``2000 cfm'', this proposed change would modify the flow rate to be 
consistent with the current design of the control room filtration 
system and assumptions in the reanalysis of the design-basis accidents; 
(9) revise TS 4.5.E.4.b to change ``recirculation'' to ``filtered-
intake'', this proposed change would modify the flow rate to be 
consistent with the current design of the control room filtration 
system and assumptions in the reanalysis of the design-basis accidents; 
(10) revise TS 4.5.E.4.c to change ``outside atmosphere'' to ``adjacent 
areas'', this proposed change would modify the acceptance criteria for 
testing control rooms to conform with regulatory guidance; (11) revise 
TS 5.2.D.2 to delete ``All the fan cooler units are equipped with 
activated charcoal filters to remove volatile iodine following an 
accident'', this proposed change reflects the proposed deletion of the 
charcoal filters from the fan cooler units. TS Basis would be revised 
as follows: (1) TS Basis page 3.3-13 would be revised to delete ``plus 
charcoal filters'', (2) TS Basis page 3.3-15 would be revised to delete 
``plus charcoal filters'', (3) TS Basis page 3.8-5 would be modified to 
change ``174 hours'' to ``100 hours'' and the last sentence would be 
modified to state ``The analysis of the fuel handling accident inside 
and outside containment takes no credit for removal of radioactive 
iodine by charcoal filters'', and (4) TS Basis page 4.5-10 would be 
revised to delete the fourth paragraph and ``and/or recirculation'' 
would be deleted from the fifth paragraph.
    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 proposed changes do not involve a significant hazards 
consideration because:
    1. There is no significant increase in the probability or 
consequences of an accident previously evaluated.
    These changes do not affect possible initiating events for 
accidents previously evaluated. Limiting Safety System Settings and 
Safety Limits specified in the current Technical Specifications 
remain unchanged. Therefore, the proposed changes to the subject 
Technical Specifications would not increase the probability of an 
accident previously evaluated. The re-analysis of design basis 
accidents described above demonstrate that compliance with 
regulatory dose acceptance criteria continue to be met. Therefore, 
the proposed changes to the subject Technical Specifications would 
not significantly increase the consequences of an accident 
previously evaluated.
    2. The possibility of a new or different kind of accident from 
any accident previously evaluated has not been created.
    The proposed physical changes to the facility have been 
evaluated, and the plant conditions for which the design basis 
accidents have been evaluated are still valid. The operating 
procedures and emergency procedures will be changed to reflect these 
changes. Consequently, no new failure modes are introduced as a 
result of the proposed changes. Therefore, the proposed changes will 
not initiate any new or different kind of accident.
    3. There has been no significant reduction in the margin of 
safety.

    The revised Indian Point 2 design basis accident offsite and 
control room dose calculations, performed with the improved knowledge 
base and with the modeling of proposed plant changes, remain within 
regulatory acceptance criteria (10 CFR 100 and 10 CFR 50 Appendix A 
General Design Criterion 19, respectively) utilizing the TEDE dose 
acceptance criteria directed by the Commission for use in SECY-96-242. 
An acceptable margin of safety is inherent in these licensing 
acceptance limits. Therefore, there is no 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 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.

[[Page 3258]]

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 February 22, 2000, 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 accessible 
electronically through the ADAMS Public Electronic Reading Room link at 
the NRC Web site (http://www.nrc.gov). 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: 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 Mr. Brent L. Brandenburg, Assistant 
General Counsel, Consolidated Edison Company of New York, Inc., 4 
Irving Place--1822, New York, NY 10003, 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.
    For further details with respect to this action, see the 
application for amendment dated November 18, 1999, which is available 
for public inspection at the Commission's Public Document Room, the 
Gelman Building, 2120 L Street, NW., Washington, DC, and accessible 
electronically through the ADAMS Public Electronic Reading Room link at 
the NRC Web site (http://www.nrc.gov).

    Dated at Rockville, Maryland, this 13th day of January 2000.

    For the Nuclear Regulatory Commission.
Jefferey F. Harold,
Project Manager, Section 1, Project Directorate I, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 00-1303 Filed 1-19-00; 8:45 am]
BILLING CODE 7590-01-P