[Federal Register Volume 65, Number 78 (Friday, April 21, 2000)]
[Notices]
[Pages 21487-21489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-9963]


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NUCLEAR REGULATORY COMMISSION

[DOCKET NO. 50-388]


PP&L, Inc. Notice 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. 
NPF-22, issued to PP&L, Inc. (the licensee), for operation of the 
Susquehanna Steam Electric Station (SSES), Unit 2, located in Luzerne 
County, Pennsylvania.
    The proposed amendment would revise Technical Specification (TS) 
surveillance requirement (SR) 3.6.1.1.1, which specifies requirements 
for containment leakage rate testing. Specifically, the proposed 
amendment would permit deferral of testing of flange o-rings on primary 
containment penetration spectacle flanges 2S299A and 2S299B until the 
Unit 2 10th refueling outage, scheduled for spring 2001 or a prior Unit 
2 outage requiring entry into Mode 4.
    Exigent circumstances exist which cause the Commission to act 
promptly upon the proposed amendment request. The licensee identified 
on April 7, 2000, that the previous leakage rate test of spectacle 
flange o-rings on 2S299A and 2S299B may not have been valid.
    The licensee requested in a letter and telephone call on April 8, 
2000, that the

[[Page 21488]]

Commission grant enforcement discretion to permit continued plant 
operation until a TS change request could be processed. The licensee 
stated that a third o-ring erroneously installed in a channel of the 
flange intended to facilitate leakage rate testing may restrict the 
ability to adequately test the pressure retaining ability of the 
spectacle flange to pipe flange interface. The licensee stated that the 
presence of the third o-ring does not affect the pressure retaining 
ability of the spectacle flange to pipe flange interface. During the 
phone call, and in a subsequent letter dated April 10, 2000, the 
Commission noted its intention to exercise enforcement discretion for 
the period of time necessary to process a license amendment to change 
the TSs . Guidance provided in NRC Administrative Letter 95-05, 
Revision 1, ``Revisions to Staff Guidance for Implementing NRC Policy 
on Notices of Enforcement Discretion,'' dated February 19, 1999, states 
that a written request for a notice of enforcement discretion should be 
followed within 48 hours by a request for an exigent license amendment. 
Thus, the licensee's application for amendment, dated April 10, 2000, 
is in response to the invalid leakage rate test of the spectacle flange 
o-rings and to the Commission's actions in granting enforcement 
discretion.
    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.
    Pursuant to 10 CFR 50.91(a)(6) for amendments to be granted under 
exigent circumstances, the NRC staff must determine 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:

    This proposal does not involve a significant increase in the 
probability or consequences of an accident previously evaluated.
    The presence of the third o-ring does not degrade and may 
improve the pressure retaining capability of the pipe flange to 
spectacle flange interface. The leakage through the subject lines is 
not adversely affected by the existence of the third o-ring; 
therefore the probability of any accident previously evaluated is 
not significantly increased. The o-rings are passive components and 
have no active safety function. Similarly, the potential 
consequences of an accident previously evaluated are not 
significantly increased by the existence of the third o-ring, since 
the pressure retaining capability of the pipe flange to spectacle 
flange interface is not degraded.
    This proposal does not create the possibility of a new or 
different type of accident from any previously evaluated.
    Since the pressure retaining capability of the pipe flange to 
spectacle flange interface is not affected by the existence of the 
third o-ring as discussed above, the proposed change does not create 
a new or different type of accident from any previously evaluated.
    This change does not involve a significant reduction in a margin 
of safety.
    Since the pressure retaining capability of the pipe flange to 
spectacle flange interface is not affected by the existence of the 
third o-ring, the proposed change does 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 14 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 14-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 14-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. 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 May 5, 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 a 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

[[Page 21489]]

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 the amendment is issued before the expiration of the 30-day 
hearing period, the Commission will make a final determination on the 
issue of no significant hazards consideration. If a hearing is 
requested, 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 Bryan A. Snapp, Esquire, Assoc. 
General Counsel, PP&L, Inc., 2 North Ninth St., GENTW3, Allentown, PA 
18101-1179, 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 April 10, 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 14th day of April 2000.

    For the Nuclear Regulatory Commission.
Robert G. Schaaf,
Project Manager, Section 1, Project Directorate I, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 00-9963 Filed 4-20-00; 8:45 am]
BILLING CODE 7590-01-P