[Federal Register Volume 65, Number 57 (Thursday, March 23, 2000)]
[Notices]
[Pages 15657-15659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-7244]


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NUCLEAR REGULATORY COMMISSION

[DOCKET NO. 50-354]


Public Service Electric and Gas Company; Notice of Consideration 
of Issuance of Amendment to Facility Operating License No. NPF-57, 
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. 
NPF-57 issued to Public Service Electric and Gas Company (the licensee) 
for operation of the Hope Creek Generating Station, located in Salem 
County, New Jersey.
    The proposed amendment would change Technical Specification 
definition 1.7, CORE ALTERATION. The definition would be revised to be 
similar to the definition of CORE ALTERATION that is documented in 
NUREG-1433, Revision 1, ``Standard Technical Specifications, General 
Electric Plants, BWR/4.''
    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 TS change does not involve any physical changes to 
plant structures, systems or components (SSC) and there is no direct 
effect on plant operation. The proposed changes do not affect any 
accident initiators or precursors and do not change or alter the design 
assumptions for systems or components used to mitigate the

[[Page 15658]]

consequences of an accident. The proposed changes do not impact the 
requirements for refueling evolutions associated with the shutdown 
margin, core monitoring and reactor protection system operability. 
There are no changes to parameters governing plant operation and no 
different or new types of equipment will be installed. These changes do 
not impact any accident previously evaluated in the Updated Final 
Safety Analysis Report (UFSAR). Therefore, no increases in the 
probability of an accident or consequences will result due to this 
change.
    2. The proposed change does not create the possibility of a new or 
different kind of accident from any accident previously evaluated.
    The proposed TS changes do not involve any physical changes to the 
design of any plant SSC. There are no changes to the parameters 
governing plant operation and no different or new type of equipment 
will be installed. There is no change in any method by which a safety 
related system performs its function. No new type of equipment is being 
introduced and installed equipment is not being operated in a new or 
different manner. There are no setpoints affected by the proposed 
action. This proposed action will not alter the manner in which 
equipment operation is initiated, nor will the function demands on 
credited equipment be changed. As such, no new failure modes are being 
introduced. There are no changes to assumptions in the accident 
analysis. 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 change does not involve a significant reduction in 
a margin of safety.
    The proposed changes contained in this submittal do not adversely 
affect existing plant safety margins or the reliability of the 
equipment assumed to operate in the safety analysis. The initial 
conditions and methodologies used in the accident analyses remain 
unchanged. Therefore, accident analyses results are not impacted. There 
are no resulting effects on plant safety parameters or setpoints. The 
proposal does not involve a significant relaxation of the criteria used 
to establish safety limits, a significant relaxation of the bases for 
the limiting safety system settings, or a significant relaxation of the 
bases for the limiting conditions for operations. Therefore, these 
proposed changes do not cause a 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 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 April 24, 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

[[Page 15659]]

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 close of business on 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 March 15, 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 through the ADAMS Public Electronic Reading Room link at 
the NRC Web site 
(http://www.nrc.gov).

    Dated at Rockville, Maryland, this 16th day of March 2000.

    For the Nuclear Regulatory Commission.
James W. Clifford,
Chief, Section 2, Project Directorate I, Division of Licensing Project 
Management, Office of Nuclear Reactor Regulation.
[FR Doc. 00-7244 Filed 3-22-00; 8:45 am]
BILLING CODE 7590-01-P