[Federal Register Volume 65, Number 41 (Wednesday, March 1, 2000)]
[Notices]
[Pages 11094-11096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-4887]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-272 and 50-311]


Public Service Electric & Gas Company; 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 Nos. 
DPR-70 and DPR-75 issued to Public Service Electric & Gas Company for 
operation of the Salem Nuclear Generating Station, Unit Nos. 1 and 2 
(Salem Units 1/2) located in Salem County, New Jersey.
    The proposed amendment request dated January 24, 2000, would revise 
the radiological effluent technical specifications (RETS) and 
administrative controls requirements (i.e., Sections 3/4.3, 
Instrumentation; 3/4.11, Radioactive Effluents; 3/4.12, Radiological 
Environmental Monitoring; 6.0, Administrative Controls, and the table 
of contents and definitions) in the Salem Units 1/2 Technical 
Specifications (TS) by implementing programmatic controls for RETS in 
the administrative controls section and relocating procedural details 
of the RETS, with various changes, to the offsite dose calculation 
manual (ODCM) or to the process control program (PCP). The proposed 
changes follow the guidance and requirements in the Commission's 
Generic Letter (GL) 89-01, ``Implementation of Programmatic Controls in 
the Technical Specifications for Radiological Effluent Technical 
Specifications (RETS) in the Administrative Controls Section of the 
Technical Specifications and the Relocation of Procedural Details of 
RETS to the Offsite Dose Calculation Manual or to the Process Control 
Program,'' that was issued in 1989. There is also the proposed change 
to add the word ``oxygen'' to the title of ``Radioactive Gaseous 
Effluent Monitoring Instrumentation'' on page iv of the table of 
contents.
    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

[[Page 11095]]

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. Will not involve a significant increase in the probability or 
consequences of an accident previously evaluated.
    The proposed changes do not affect accident initiators or 
precursors and do not alter the design assumptions, conditions, 
configuration of the facility or the manner in which the plant is 
operated. The proposed changes do not alter or prevent the ability 
of structures, systems, or components to perform their intended 
function to mitigate the consequences of an initiating event within 
the acceptance limits assumed in the Updated Final Safety Analysis 
Report (UFSAR). The proposed changes are administrative in nature 
and do not change the level of programmatic controls and procedural 
details relative to radiological effluents.
    Implementation of programmatic controls for RETS in [the] TS 
will assure that the applicable regulatory requirements pertaining 
to the control of radioactive effluents will continue to be 
maintained. Since there are no changes to previous accident 
analyses, the radiological consequences associated with these 
analyses remain unchanged. Therefore, the proposed changes do not 
involve a significant increase in the probability or consequences of 
an accident previously evaluated.
    2. Will not create the possibility of a new or different kind of 
accident from any previously evaluated.
    The proposed changes do not alter the design assumptions, 
conditions, or configuration of the facility; nor do the proposed 
changes change the manner in which the plant is operated. The 
proposed changes have no impact on component or system interactions. 
The proposed changes are administrative in nature and do not change 
the level of programmatic controls and procedural details relative 
to radiological effluents. Therefore, these changes will not create 
the possibility of a new or different kind of accident from any 
accident previously evaluated.
    3. Will not involve a significant reduction in a margin of 
safety.
    There is no impact on equipment design or operation and there 
are no changes being made to the TS required safety limits or safety 
system settings that would adversely affect plant safety as a result 
of the proposed changes. The proposed changes are administrative in 
nature and do not change the level of programmatic controls and 
procedural details relative to radiological effluents. A comparable 
level of administrative control will continue to be applied to those 
design conditions and associated surveillances being relocated to 
the ODCM or PCP. Therefore, the proposed changes do not involve a 
significant reduction in a margin to 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 31, 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 from the ADAMS Public Library component on the NRC Web 
site, http://www.nrc.gov (the Electronic Reading Room). 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

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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 Jeffrie J. Keenan, Esquire, Nuclear 
Business Unit--N21, P.O. Box 236, Hancocks Bridge, NJ 08038, 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 24, 2000, 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 from the ADAMS Public Library component on the NRC Web 
site, http://www.nrc.gov (the Electronic Reading Room).

    Dated at Rockville, Maryland, this 23rd day of February 2000.

    For the Nuclear Regulatory Commission.
William C. Gleaves,
Project Manager, Section 2, Project Directorate I, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 00-4887 Filed 2-29-00; 8:45 am]
BILLING CODE 7590-01-P