[Federal Register Volume 65, Number 199 (Friday, October 13, 2000)]
[Notices]
[Pages 60984-60986]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-26340]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-361 and 50-362]


Southern California Edison Company; San Onofre Nuclear Generating 
Station, Units 2 and 3; 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 amendments to Facility Operating License No. 
NPF-10 and Facility Operating License No. NPF-15 for San Onofre Nuclear 
Generating Station (SONGS), Units 2 and 3, respectively.
    The proposed amendments would revise the SONGS Units 2 and 3 
technical specifications (TSs) applicable in shutdown MODES relating to 
positive reactivity additions. For a summary of specific proposed TS 
changes, see Tables 1 and 2 of the licensee's application dated 
September 22, 2000 (PCN-520). The licensee's proposal generally 
conforms to industry Technical Specification Task Force (TSTF), TSTF-
286, Revision 2.
    Before issuance of the proposed license amendments, 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 
amendments 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 amendments 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 operation of the facility in accordance with this 
proposed change involve a significant increase in the probability or 
consequences of any accident previously evaluated?
    Response: No.
    The proposed change would revise 14 specific Limiting Conditions 
For Operation (LCOs) of the Technical Specifications (TS) for San 
Onofre Nuclear Generating Station Units 2 and 3 (SONGS 2 & 3) as 
itemized in Table 1 [See application dated September 22,

[[Page 60985]]

2000]. The intent is to clarify those specifications involving 
positive reactivity additions to the shutdown reactor so that small, 
controlled, safe insertions of positive reactivity will be allowed 
where they are now categorically prohibited, posing operational 
difficulties. This amendment application conforms to TSTF-286 
Revision 2 of the industry Technical Specification Task Force, with 
the exception of the plant-specific differences identified in Table 
2. The proposed change does not permit the shutdown margin required 
by the TS to be reduced. While the proposed change will permit 
reductions in the discretionary shutdown margin above the TS 
requirements, this excess margin is not credited in the safety 
analyses. Therefore, the probability or consequences of any accident 
previously evaluated will not be significantly increased by the 
proposed change.
    2. Will operation of the facility in accordance with this 
proposed change create the possibility of a new or different kind of 
accident from any accident previously evaluated?
    Response: No.
    This amendment request allows for minor plant operational 
perturbations without adversely impacting the safety analysis 
required shutdown margin. It does not involve any change to plant 
equipment or the shutdown margin requirements in the TS. Therefore, 
it will not create the possibility of a new or different kind of 
accident from any previously evaluated.
    3. Will operation of the facility in accordance with this 
proposed change involve a significant reduction in a margin of 
safety?
    Response: No.
    This amendment request does not change the manner in which 
safety limits or limiting safety settings are determined.
    The proposed change will permit reductions in discretionary 
shutdown margin, above the TS requirements, that are now prohibited. 
However, the reductions are not deemed significant because the 
shutdown margin required by the TS will be preserved.
    Therefore, the proposed change will 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 
amendments 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 amendments 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 amendments before the expiration 
of the 30-day notice period, provided that its final determination is 
that the amendments involve 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. Documents may 
be examined, and/or copied for a fee, at the NRC's Public Document 
Room, located at One White Flint North, 11555 Rockville Pike (first 
floor), Rockville, Maryland.
    The filing of requests for hearing and petitions for leave to 
intervene is discussed below. By November 13, 2000, the licensee may 
file a request for a hearing with respect to issuance of the amendments 
to the subject facility operating licenses 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, located at One White Flint North, 
11555 Rockville Pike (first floor), Rockville, Maryland, 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 amendments 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.

[[Page 60986]]

    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 amendments request involves 
no significant hazards consideration, the Commission may issue the 
amendments and make them immediately effective, notwithstanding the 
request for a hearing. Any hearing held would take place after issuance 
of the amendments.
    If the final determination is that the amendments request involves 
a significant hazards consideration, any hearing held would take place 
before the issuance of any amendments.
    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, located at One White Flint North, 11555 Rockville Pike 
(first floor), Rockville, Maryland, 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 
Douglas K. Porter, Esquire, Southern California Edison Company, 2244 
Walnut Grove Avenue, Rosemead, California 91770, 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 amendments dated September 22, 2000 (ADAMS Accession 
No. ML003753695), which is available for public inspection at the 
Commission's Public Document Room, located at One White Flint North, 
11555 Rockville Pike (first floor), Rockville, Maryland, 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 6th day of October 2000.

    For the Nuclear Regulatory Commission.
L. Raghavan,
Senior Project Manager, Section 2, Project Directorate IV and 
Decommissioning, Division of Licensing Project Management, Office of 
Nuclear Reactor Regulation.
[FR Doc. 00-26340 Filed 10-12-00; 8:45 am]
BILLING CODE 7590-01-P