[Federal Register Volume 65, Number 91 (Wednesday, May 10, 2000)]
[Notices]
[Pages 30137-30139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-11665]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-272]


Public Service Electric and 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 No. 
DPR-

[[Page 30138]]

70 issued to Public Service Electric and Gas Company (PSE&G), the 
licensee, for operation of the Salem Nuclear Generating Station, Unit 
No. 1 (Salem Unit No. 1), located in Salem County, New Jersey.
    By application dated May 3, 2000, the licensee proposed a license 
amendment that would modify Technical Specification (TS) 3.1.3.2.1, and 
TS Surveillance Requirements 4.1.3.1.1 and 4.1.3.4. A note would be 
added to these sections stating that, during Cycle 14, the position of 
Rod 1SB2 will be determined indirectly by the movable incore detectors 
within 8 hours following its movement until the repair of the 
indication system for this rod. In addition, the note would indicate 
that, during reactor startup, the fully withdrawn position of Rod 1SB2 
will be determined by current traces or other equivalent means, and 
subsequently verified by the movable incore detectors prior to entry 
into Mode 1. The note would be effective during the remainder of Cycle 
14, or until repair of the indication system is completed. The 
indication system for Rod 1SB2 became inoperable on April 28, 2000. The 
position indication system indicates that the rod is fully inserted; 
however, the licensee has confirmed that the rod is in the fully 
withdrawn position based on flux mapping information from the movable 
incore detectors. Troubleshooting has resulted in a determination that 
the position indication system cannot be repaired with the reactor in 
Modes 1-4. With one analog rod position indicator inoperable, the TS 
currently requires that either (1) the position of the non-indicating 
rod be determined indirectly by the movable incore detectors once per 8 
hours and within 1 hour of any motion that exceeds 24 steps, or (2) 
thermal power be reduced to less than 50% within 8 hours. The licensee 
is currently implementing option (1).
    The licensee has also requested that the license amendment be 
reviewed and approved on an exigent basis in accordance with 10 CFR 
50.91(a)(6). In its application, PSE&G stated that the position 
indication system cannot be repaired with the reactor at power and that 
the possibility exists that repairs cannot be made until the plant is 
shutdown. Personnel safety and concerns over occupational exposure to 
radiation dose prevent the safe completion of repairs while operating 
at power. The licensee also stated that the failure was unexpected and 
has resulted in a significant burden to plant operations personnel as 
well as the movable incore detectors. PSE&G is concerned that operation 
of the Unit 1 flux mapping system, by as much as 120 times per month to 
comply with compensatory actions required by TS, may have detrimental 
effects, such as increased wear and tear, on the incore system. Since 
the incore system was not designed to operate in this manner, an 
increased risk of significant equipment malfunction may further 
challenge the licensee's ability to perform other TS surveillances for 
which the incore system is normally used.
    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:

    1. The proposed changes do not involve a significant increase in 
the probability or consequences of an accident previously evaluated.
    The proposed change reduces the frequency of verifying the 
position of one non-indicating rod using the movable incore 
detectors and allows a different means of verifying rod position 
during reactor startup. The inoperability of the normal position 
indicating system does not affect the probability of a rod drop, a 
rod misalignment, or any other analyzed accident.
    The inoperability of the rod position indicator eliminates one 
means of detecting a rod drop or rod misalignment. Failure to detect 
a misaligned rod could affect the initial conditions of the accident 
analysis and thereby affect the consequences. Based upon the other 
means available for detecting rod drops and misalignment (e.g., the 
urgent failure alarm), the increase in the likelihood of an 
undetected rod drop or misalignment is considered to be negligible. 
As a result, the initial conditions of the accident analysis are 
preserved and the consequences of previously analyzed accidents are 
unaffected.
    Therefore, the change does not involve a significant increase in 
the probability or consequences of an accident previously evaluated.
    2. The proposed change does not create the possibility of a new 
or different kind of accident from any accident previously 
evaluated.
    The change will not introduce any new accident initiators. The 
change only allows an extension to the previously approved frequency 
for verifying rod position for one non-indicating rod and allows a 
different means of verifying rod position during reactor startup.
    Therefore, the change does 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 change reduces the frequency of verifying the 
position of one non-indicating rod using the movable incore 
detectors and allows a different means of verifying rod position 
during reactor startup. The inoperability of the rod position 
indicator eliminates one means of detecting a rod drop or rod 
misalignment. Failure to detect a misaligned rod could affect the 
initial conditions of the accident analysis and thereby affect the 
associated margins of safety. Based upon the other means available 
for detecting rod drops and misalignment (e.g., the urgent failure 
alarm), the increase in the likelihood of an undetected rod drop or 
misalignment is considered to be negligible. As a result, the 
initial conditions of the accident analysis are preserved and the 
margins of safety are unaffected.
    Therefore, the 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.

[[Page 30139]]

    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 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 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 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 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 May 3, 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 4th day of May 2000.

    For the Nuclear Regulatory Commission.
Robert J. Fretz,
Project Manager, Section 2, Project Directorate I, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 00-11665 Filed 5-9-00; 8:45 am]
BILLING CODE 7590-01-P