[Federal Register Volume 68, Number 136 (Wednesday, July 16, 2003)]
[Notices]
[Pages 42134-42136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-17959]
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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 or the NRC)
is considering issuance of an amendment to Facility Operating License
No. DPR-75 issued to PSEG Nuclear, LLC (PSEG or the licensee) for
operation of the Salem Nuclear Generating Station (Salem), Unit No. 2,
located in Salem County, New Jersey.
The proposed amendment would revise License Condition 2.C.10,
``Fire Protection,'' to reflect changes to the Salem post-fire Safe
Shutdown (SSD) strategy for Fire Areas 2-FA-AB-64B, 2-FA-AB-84C, and 2-
FA-AB-84B. The proposed changes were submitted as a result of PSEG's
re-analysis of post-fire SSD capability and recent plant modifications
implemented in response to resolution of Electrical Raceway Fire
Barrier System issues at Salem.
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), section 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
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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 proposed changes to the Salem Unit 2 post-fire safe shutdown
(SSD) in fire areas 2-FA-AB-64B, 2-FA-AB-84C and 2-FA-AB-84B only
impact Salem Unit No. 2's response in the event of a fire. No other
design basis events are impacted by the proposed changes. These
proposed changes do not increase the probability of fire event that
has been previously analyzed. The likelihood of fire event is not
increased since the proposed change does not alter the fire hazards
contained in the plant. [ ]
Therefore, the proposed change does not involve a significant
increase in the probability or consequences of an accident
previously evaluated.
2. Does the proposed change create the possibility of a new or
different kind of accident from any accident previously evaluated?
Response: No.
The proposed change to [the] post-fire SSD strategy in fire
areas 2-FA-AB-64B, 2-FA-AB-84C and 2-FA-AB-84B does not create the
possibility of a new or different kind of accident. The design basis
event applicable to this proposal is that of a fire event in the
three subject fire areas, therefore a new or different kind of
accident is not introduced. [T]he revised SSD strategy ensures that
Salem Unit 2 can be safely shutdown in the event of a fire in these
areas.
Therefore, this proposed change does not create the possibility
of a new or different kind of accident from any accident previously
evaluated.
3. Does the proposed change involve a significant reduction in a
margin of safety?
Response: No.
The proposed changes to the post-fire SSD strategy for fire
areas 2-FA-AB-64B, 2-FA-AB-84C and 2-FA-AB-84B do not reduce the
margin of safety in response to a fire in these areas. The proposed
deviations from 10 CFR 50 Appendix R Section III.G.3 and III.L.3 do
not impede Salem Unit 2's ability to safely shutdown in the event of
a fire in these areas. Modifying the plant to comply with these
requirements would not significantly increase the margin of safety
in the event of fire in these areas. The changes to the post-fire
SSD strategy in these areas along with the modifications performed
to support these changes ensure that a level of margin of safety is
maintained.
As a result, this 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 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, Public File Area O1 F21, 11555
Rockville Pike (first floor), Rockville, Maryland.
The filing of requests for hearing and petitions for leave to
intervene is discussed below.
By August 15, 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, 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 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
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sources and documents of which the petitioner is aware and on which the
petitioner intends to rely to establish those facts or expert opinion.
The 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 (PDR), located at One White Flint North, Public File Area
O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland, by the
above date. Because of the 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
petition for leave to intervene and request for hearing 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 July 1, 2003, which is available for
public inspection at the Commission's PDR, located at One White Flint
North, File Public Area O1 F21, 11555 Rockville Pike (first floor),
Rockville, Maryland. Publicly available records can be accessible 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 9th day of July 2003.
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. 03-17959 Filed 7-15-03; 8:45 am]
BILLING CODE 7590-01-P