[Federal Register Volume 66, Number 242 (Monday, December 17, 2001)]
[Notices]
[Pages 64996-64998]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-30972]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-272]


PSEG Nuclear LLC; 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-70, issued to PSEG Nuclear LLC (the licensee), for operation of the 
Salem Nuclear Generating Station, Unit No. 1 (Salem Unit 1), located in 
Salem County, New Jersey.
    The proposed amendment would allow a one-time change to the 
Technical Specification (TS) Action Statement for the Service Water 
System (SWS). The proposed change would revise TS 3/4.7.4, ``Service 
Water System,'' by increasing the allowed outage time for one nuclear 
header out of service from 72 hours to 10 days. The proposed amendment 
would modify the present Action Statement for TS 3.7.4.1, to include a 
note that would allow operation with only the 11 SWS loop for up to 10 
days. This note would be applicable for one-time use during Salem Unit 
1, Cycle 15.
    The licensee has requested that this amendment be approved under 
exigent circumstances. On November 30, 2001, PSEG operations personnel 
noted water rising up through the gravel in front of the Service Water 
intake structure. The water was located approximately 5 feet from the 
building. The 12 SWS nuclear header is located below the location where 
the water was observed, and was considered to be a likely source of the 
leak.
    The licensee subsequently determined that the leak is associated 
with the 12 SWS nuclear supply header. PSEG is currently postulating 
that the leak is coming from an underground mechanical joint or 
mechanical connection associated with the buried portion of the 12 SWS 
nuclear supply header located near the service water structure. In the 
area where the leak is suspected, the service water nuclear supply 
header is 24'' nominal diameter buried piping. This piping design is 
pre-stressed concrete cylindrical water pipe, which uses either 
standard flanged fittings, or flexible tied extensible bell bolt type 
joints for the major connections.
    While the 12 SWS nuclear supply header is currently considered 
operable, PSEG believes that repairs will be required before the next 
scheduled refueling outage. Approval of this license amendment request 
under exigent circumstances would allow the licensee to repair the 
leaking header during more advantageous weather and river water 
temperature conditions. This, in turn, would likely minimize the 
duration that the 12 SWS header would be inoperable.
    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. Does the proposed change involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.
    The Service Water System (SWS) will remain capable of performing 
its required safety function. The proposed change results in an 
insignificant increase in the incremental conditional core damage 
probability and so does not involve a significant increase in the 
probability of an accident. The proposed change to extend the 
allowed outage time from 72 hours to 10 days does not significantly 
increase consequences of an accident previously evaluated, since the 
capability of SWS is maintained.
    Therefore, the proposed change will not significantly increase 
the probability or consequences of any accident previously 
evaluated.
    2. Does the proposed change create the possibility of a new or 
different kind of accident from any accident previously analyzed?
    Response: No.
    The completion of the maintenance activity, the post maintenance 
testing, and the surveillance testing associated with demonstrating 
OPERABILITY of 12 service water nuclear header will not result in 
the plant being operated in a manner that will create the 
possibility of a new or different kind of accident from any 
previously evaluated. While repair to the buried portion of the 12 
service water nuclear header is in progress, the service water 
system will be operated as described in the Updated Final Safety 
Analysis Report. This configuration does not create a new failure 
mechanism, malfunction or accident initiator.
    Therefore, the proposed change will not create the possibility 
of a new or different kind of accident from any previously 
evaluated.
    3. Does the proposed change involve a significant reduction in a 
margin of safety?
    Response: No.
    The 11 service water nuclear header will remain operational and 
capable of performing its required safety functions. Sufficient 
safety-related equipment and systems will remain available to ensure 
that the consequences of design basis transients and accidents are 
mitigated as assumed in the Salem UFSAR. Preventive maintenance 
activities that could adversely affect the reliability of the Unit 1 
service water system, Emergency Diesel Generators, 4kv vital buses 
or offsite A.C. electrical power sources will be controlled during 
the extended allowed outage time.

    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

[[Page 64997]]

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. 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 January 16, 2002, 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, located at One 
White Flint North, 11555 Rockville Pike (first floor), Rockville, 
Maryland, or electronically on the Internet at http://www.access.gpo.gov/nara/cfr. If there are problems in accessing the 
document, contact the Public Document Room Reference staff at 1-800-
397-4209, 301-415-4737 or by email to [email protected]. 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, 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 
Jeffrie J. Keenan, Esquire, PSEG Nuclear--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).
    Further details with respect to this action, see the application 
for amendment dated December 10, 2001, which is available for public 
inspection at the Commission's Public Document Room, located at One 
White Flint North, 11555 Rockville Pike (first floor),

[[Page 64998]]

Rockville, Maryland. Publicly available records will be accessible 
electronically from the Agencywide Documents Access and Management 
Systems (ADAMS) Public Electronic Reading Room on the Internet at the 
NRC web site, http://www.nrc.gov/reading-rm.html. Persons who do not 
have access to ADAMS or who encounter problems in accessing the 
documents located in ADAMS, should contact the NRC Public Document Room 
Reference staff by telephone at 1-800-397-4209, 301-415-4737 or by 
email to [email protected].

    Dated at Rockville, Maryland, this 11th day of December 2001.

    For the Nuclear Regulatory Commission,
Richard B. Ennis,
Project Manager, Section 2, Project Directorate I, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 01-30972 Filed 12-14-01; 8:45 am]
BILLING CODE 7590-01-P