[Federal Register Volume 67, Number 45 (Thursday, March 7, 2002)]
[Notices]
[Pages 10450-10452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-5461]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-311]


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-75 issued to PSEG Nuclear LLC (the licensee) for operation of the 
Salem Nuclear Generating Station, Unit No. 2, located in Salem County, 
New Jersey.
    The proposed amendment would revise Technical Specification (TS) 
Section 6.8.4.f, ``Primary Containment Leakage Rate Testing Program.'' 
The proposed change would allow a one-time test interval extension for 
the Salem Nuclear Generating Station, Unit No. 2, Type A Integrated 
Leakage Rate Test (ILRT) from a maximum 10-year interval to a maximum 
15-year interval.

[[Page 10451]]

    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 Title 10 of the Code of Federal Regulations 
(10 CFR), Sec. 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. The NRC staff has reviewed the 
licensee's analysis against the standards of 10 CFR 50.92(c). The NRC 
staff's review is presented below:
    The proposed change to TS Section 6.8.4.f would not involve a 
significant increase in the probability or consequences of an accident 
previously evaluated. The current containment ILRT test interval of 10 
years would be extended, on a one-time basis, to 15 years from the most 
recent ILRT. Because the ILRT test extension does not involve a 
modification to plant systems or result in a change to plant operations 
that could initiate an accident, there would be no increase in the 
probability of an accident previously evaluated. Furthermore, the 
proposed extension to Type A testing does not involve a significant 
increase in the consequences of an accident. NRC staff research 
documented in NUREG-1493, ``Performance-Based Containment Leak-Test 
Program,'' found that very few potential containment leakage paths fail 
to be identified by Type B and C tests. The study concluded that 
changing ILRT testing frequency to once every 20 years would lead to an 
imperceptible increase in the consequences of an accident. As a result, 
the proposed one-time extension to the ILRT test interval does not 
involve a significant increase in the probability of occurrence or 
consequences of an accident previously analyzed.
    The proposed revision to Section 6.8.4.f does not create the 
possibility of a new or different kind of accident from any accident 
previously analyzed. Because there are no physical changes, or changes 
in operation of the plant involved, the proposed TS amendment could not 
introduce a new failure mode or create a new or different kind of 
accident. Therefore, the proposed amendment does not create the 
possibility of a new or different kind of accident from that previously 
analyzed.
    The proposed TS change does not involve a significant reduction in 
the margin of safety. The NRC staff's study on the effects of extending 
containment leakage testing found that a reduction in the ILRT 
frequency would lead to an imperceptible decrease in the margin of 
safety. The estimated increase in risk is very small because ILRTs 
identify only a few potential leakage paths that cannot be identified 
through local leakage rate testing (Type B and C tests). At Salem, Type 
B and C testing will continue to be performed at a frequency currently 
required by the TS. Therefore, the proposed changes do not involve a 
significant reduction in margin of safety.
    Based on the NRC staff's analysis, 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. 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 April 8, 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 the NRC Web site http://www.nrc.gov/reading-rm/doc-collections/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 e-mail 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 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 10452]]

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 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, 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, Nuclear Business Unit--N21, PO 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 [date], which is available for public 
inspection at the Commission's Public Document Room (PDR), located at 
One White Flint North, 11555 Rockville Pike (first floor), Rockville, 
Maryland. Publicly available records will be accessible from the 
Agencywide Documents Access and Management System (ADAMS) Public 
Electronic Reading Room on the Internet at the NRC Web site, http://www.nrc.gov/reading-rm/adams.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 e-mail to [email protected].

    Dated at Rockville, Maryland, this 1st day of March, 2002.

    For the Nuclear Regulatory Commission.
Robert Fretz,
Project Manager, Section 2, Project Directorate I, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 02-5461 Filed 3-6-02; 8:45 am]
BILLING CODE 7590-01-P