[Federal Register Volume 67, Number 249 (Friday, December 27, 2002)]
[Notices]
[Pages 79163-79165]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-32698]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-354]


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 (NRC or the Commission) is 
considering issuance of an amendment to Facility Operating License No. 
NPF-57, issued to PSEG Nuclear LLC (PSEG or the licensee), for 
operation of the Hope Creek Generating Station (Hope Creek) located in 
Salem County, New Jersey.
    The proposed amendment would provide a one-time change to Technical 
Specification (TS) 4.8.1.1.2.h.14 to allow the testing of Hope Creek's 
emergency diesel generator (EDG) lockout relays to be performed at 
power until startup from its eleventh refueling outage (spring 2003). 
The current TS surveillance requirement (SR) only allows the EDG 
lockout relays to be tested during shutdown conditions. Approval and 
implementation of the proposed TS change would allow the testing that 
has been completed to be used to comply with TS 4.8.1.1.2.h.14.
    PSEG has requested that the proposed TS change be issued on an 
exigent basis in accordance with Title 10 of the Code of Federal 
Regulations (10 CFR) Section 50.91(a)(6). On December 12, 2002, all 4 
Hope Creek EDGs were declared inoperable at 1:07 p.m. due to the 
licensee's failure to fully comply with TS SR 4.8.1.1.2.h.14.a. PSEG 
invoked TS 4.0.3, thus permitting 24 hours to complete the required 
surveillance activities. The SR that was not met required the licensee 
to demonstrate that the EDG differential current and low lube oil 
pressure could independently provide trip and lockout inputs to the 
lockout relay 86R. TS 4.8.1.1.2.h requires this test to be performed 
during shutdown conditions. At 11:20 a.m. on December 13, 2002, PSEG 
invoked TS 4.0.3 when it determined that portions of SRs 
4.8.1.1.2.h.14.b (backup relay 86B) and 4.8.1.1.2.h.14.c (breaker 
failure relay 86F) were missed for EDG ``A'' and EDG ``C.'' TS 4.0.3 
allows the licensee to complete missed surveillance tests within a 24-
hour period following discovery that a SR was not done. On December 13, 
2002, PSEG requested that the NRC exercise discretion in accordance 
with Section VII.C of the ``General Statement of Policy and Procedures 
for NRC Enforcement Actions'' (Enforcement Policy), NUREG-1600, by 
granting a Notice of Enforcement Discretion (NOED). At the time of the 
NOED request, the licensee was conducting portions of testing to meet 
4.8.1.1.2.h.14.b and 4.8.1.1.2.h.14.c. Because TS 4.8.1.1.2.h currently 
requires that these tests be performed during shutdown conditions and 
the time to Hope Creek's next scheduled outage would exceed the non-
compliance period beyond 14 days, PSEG further requested a one-time 
change to TS 4.8.1.1.2.h under exigent circumstances. Approval of this 
one-time TS change would allow testing recently conducted during power 
operations to satisfy the SR on the EDG lockout relays.
    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 amendment does not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    This request is only administrative in nature. Portions of the 
protective Emergency Diesel Generator (EDG) lockout function testing 
required by Technical Specification (TS) 4.8.1.1.2.h.14 were 
discovered to have been missed and have since been satisfactorily 
performed during power operation. The provision of TS 4.8.1.1.2.h 
that requires testing be performed during shutdown precludes PSEG 
from taking credit for the on-line testing to meet the surveillance 
requirement. The scope of this amendment request is to enable PSEG 
to take credit for the testing that has been performed at power to 
satisfy TS 4.8.1.1.2.h.14. The requested amendment applies on a one-
time basis until the next refueling outage. The change is 
administrative and cannot affect the initiation of any accident, nor 
does it affect the capability of the EDGs to fulfill their design 
basis accident functions.
    Therefore, the request does not involve a significant increase 
in the probability or consequences of an accident previously 
evaluated.
    2. The proposed amendment does not create the possibility of a 
new or different kind of accident from any accident previously 
evaluated.
    The request is only administrative in nature in that 
surveillance requirement 4.8.1.1.2.h requires the surveillance to be 
performed during shutdown. The operability of the EDG lockout 
functions has been satisfactorily demonstrated; however the 
surveillance requirement as presently written cannot be 
administratively completed due to the shutdown conditions identified 
in the surveillance requirement. Since no physical changes are being 
made to the plant and there are no changes being made to the 
operation of Hope Creek, this request does not create the 
possibility of a new or different kind of accident from any accident 
previously evaluated.
    3. The proposed amendment does not involve a significant 
reduction in a margin of safety.
    The operability of the EDG lockout functions has been 
satisfactorily demonstrated, however the surveillance

[[Page 79164]]

requirement as written cannot be administratively completed due to 
the shutdown conditions identified in the surveillance requirement. 
Since there is no impact to the ability of the EDG's to function 
during a design basis accident, this request 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. 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 27, 2003, 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,\1\ which is 
available at the Commission's Public Document Room, located at One 
White Flint North, 11555 Rockville Pike (first floor), Rockville, 
Maryland, and available electronically on the Internet at the NRC Web 
site http://www.nrc.gov/reading-rm/doc-collections/cfr/. 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.
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    \1\ The most recent version of Title 10 of the Code of Federal 
Regulations, published January 1, 2002, inadvertently omitted the 
last sentence of 10 CFR 2.714(d) and subparagraphs (d)(1) and (2), 
regarding petitions to intervene and contentions. For the complete, 
corrected text of 10 CFR 2.714(d), please see 67 FR 20884; April 20, 
2002.
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    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

[[Page 79165]]

Public Document Room, located at One White Flint North, 11555 Rockville 
Pike (first floor), Rockville, Maryland, by the above date. Because of 
continuing disruptions in delivery of mail to United States Government 
offices, it is requested that petitions for leave to intervene and 
requests for hearing be transmitted to the Secretary of the Commission 
either by means of facsimile transmission to 301-415-1101 or by e-mail 
to [email protected]. A copy of the request for hearing and 
petition for leave to intervene should also be sent to the Office of 
the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, and because of continuing disruptions in delivery of mail 
to United States Government offices, it is requested that copies be 
transmitted either by means of facsimile transmission to 301-415-3725 
or by e-mail to [email protected]. A copy of the request for 
hearing and petition for leave to intervene should also be sent 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 December 17, 2002, 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 
electronically from the Agencywide Documents Access and Management 
System's (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 PDR Reference staff 
by telephone at 1-800-397-4209, 301-415-4737, or by e-mail to 
[email protected].

    Dated at Rockville, Maryland, this 20th day of December 2002.

    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. 02-32698 Filed 12-26-02; 8:45 am]
BILLING CODE 7590-01-P