[Federal Register Volume 69, Number 65 (Monday, April 5, 2004)]
[Notices]
[Pages 17718-17720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-7554]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-498 and 50-499]
STP Nuclear Operating Company 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 Nos.
NPF-76 and NPF-80, issued to STP Nuclear Operating Company (STPNOC or
the licensee), for operation of the South Texas Project, Units 1 and 2,
located in Matagorda County, Texas.
The proposed amendment would change the Technical Specification
(TS) Surveillance Requirement (SR) 4.7.7.e.3 to add a footnote that
will allow an evaluation for points that do not meet the \1/8\ inch
Water Gauge criterion of the current TS. The footnote would state that
``Measured points at a positive pressure but less than \1/8\ inch Water
Gauge are acceptable if an evaluation, considering appropriate
compensatory action, demonstrates that the condition meets the
requirements of GDC [General Design Criterion]-19. The provisions of
this note expire at 0800 on September 19, 2005.''
During testing, STPNOC identified points on the boundary of the
control room envelope that do not meet the \1/8\ inch Water Gauge
requirement of SR 4.7.7.e.3. On March 17, 2004, STPNOC requested and
received from the NRC staff enforcement discretion from taking the TS
actions required if SR 4.7.7.e.3 is not met. Based on information
submitted as part of the enforcement discretion process, STPNOC
committed to submit a proposed change to the TS.
Exigent approval of the proposed license amendments is needed in
accordance with the enforcement discretion granted on March 17, 2004.
Therefore, STPNOC has requested approval of this license amendment
application on an exigent basis and issuance of the amendment as
described in the terms of the enforcement discretion.
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 50.91(a)(6) of Title 10 of the Code of Federal
Regulations (10 CFR) 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
[[Page 17719]]
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 change does not involve a significant increase in
the probability or consequences of a previously evaluated accident.
The Control Room ventilation system has no significant role as a
potential accident initiator. The Control Room ventilation system
continues to remain functional and provides positive pressure with
respect to adjacent areas. The test results demonstrate that the
operator dose limits of General Design Criterion 19 of 10 CFR 50,
Appendix A are met.
2. Does the proposed change create the possibility of a new or
different accident from any accident previously evaluated?
Response: No.
The proposed change does not create the possibility of a new or
different accident from any previously evaluated. No new accident
precursors will be created by adding a provision to allow
compensatory action to mitigate the margin lost if the control room
envelope is degraded. The Control Room ventilation system continues
to remain functional and provides positive pressure with respect to
adjacent areas and to limit inleakage so that the operator dose
limits of General Design Criterion 19 of 10 CFR 50, Appendix A are
met.
3. Does the proposed change involve a significant reduction in a
margin of safety?
Response: No.
The proposed change does not involve a significant reduction in
the margin of safety. Three trains of Control Room ventilation
remain functional and continue to provide positive pressure with
respect to adjacent plant areas. The proposed condition of the plant
meets the operator dose limits of General Design Criterion 19 of 10
CFR 50, Appendix A.
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
(PDR), 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.
Within 60 days after the date of publication of this notice, 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 2.309, which is available at the
Commission's PDR, located at One White Flint North, Public File Area
01F21, 11555 Rockville Pike (first floor), Rockville, Maryland.
Publicly available records will 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/doc-collections/crf/. If a request for a hearing or petition
for leave to intervene is filed by the above date, the Commission or a
presiding officer designated by the Commission or by the Chief
Administrative Judge of the Atomic Safety and Licensing Board Panel,
will rule on the request and/or petition; and the Secretary or the
Chief Administrative Judge of the Atomic Safety and Licensing Board
will issue a notice of a hearing or an appropriate order.
As required by 10 CFR 2.309, 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 general requirements: (1) The name, address and telephone
number of the requestor or petitioner; (2) the nature of the
requestor's/petitioner's right under the Act to be made a party to the
proceeding; (3) the nature and extent of the requestor's/petitioner's
property, financial, or other interest in the proceeding; and (4) the
possible effect of any decision or order which may be entered in the
proceeding on the requestor's/petitioner's interest. The petition must
also identify the specific contentions which the petitioner/requestor
seeks to have litigated at the proceeding.
Each contention must consist of a specific statement of the issue
of law or fact to be raised or controverted. In addition, the
petitioner/requestor shall provide a brief explanation of the bases for
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/requestor must also provide references to those specific
sources and documents of which the petitioner/requestor is aware and on
which the petitioner/requestor intends to rely to establish those facts
or expert opinion. The petitioner/requestor must provide sufficient
information to show that a genuine dispute exists with the applicant on
a material issue of law or fact.\1\ 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/
requestor to relief. A petitioner/requestor who fails to satisfy these
requirements with respect to at least one contention will not be
permitted to participate as a party.
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\1\ To the extent that the applications contain attachments and
supporting documents that are not publically available because they
are asserted to contain safeguards or proprietary information,
petitioners desiring access to this information should contact
applicant's counsel and discuss the need for a protective order.
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Each contention shall be given a separate numeric or alpha
designation
[[Page 17720]]
within one of the following groups, and all like subject-matters shall
be grouped together.
1. Technical--primarily concerns issues relating to technical and/
or health and safety matters discussed or referenced in the applicant's
safety analysis for the application (including issues related to
emergency planning and physical security to the extent such matters are
discussed or referenced in the application).
2. Environmental--primarily concerns issues relating to matters
discussed or referenced in the Environmental Report for the
application.
3. Miscellaneous--does not fall into one of the categories outlined
above.
As specified in 10 CFR 2.309, if two or more requestors/petitioners
seek to co-sponsor a contention or propose substantially the same
contention, the requestors/petitioners will be required to jointly
designate a single representative who shall have the authority to act
for the requestors/petitioners with respect to that contention within
ten (10) days after admission of such contention.
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.
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 by: (1) First class mail addressed to the Office of the
Secretary of the Commission, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, Attention: Rulemaking and Adjudications
Staff; (2) courier, express mail, and expedited delivery services:
Office of the Secretary, Sixteenth Floor, One White Flint North, 11555
Rockville Pike, Rockville, Maryland, 20852, Attention: Rulemaking and
Adjudications Staff; (3) e-mail addressed to the Office of the
Secretary, U.S. Nuclear Regulatory Commission, [email protected];
or (4) facsimile transmission addressed to the Office of the Secretary,
U.S. Nuclear Regulatory Commission, Washington, DC, Attention:
Rulemaking and Adjudications Staff at (301) 415-1101, verification
number is (301) 415-1966. 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 it is requested that copies be transmitted either by
means of facsimile transmission to (301) 415-3725 or by email to
[email protected]. A copy of the request for hearing and petition
for leave to intervene should also be sent to A. H. Gutterman, Morgan,
Lewis & Bockius, 1111 Pennsylvania Avenue, NW., Washington, DC 20004,
attorney for the licensee.
Nontimely requests and/or petitions and contentions will not be
entertained absent a determination by the Commission or the presiding
officer or the Atomic Safety and Licensing Board that the petition,
request and/or the contentions should be granted based on a balancing
of the factors specified in 10 CFR 2.309(a)(1)(i)-(viii).
For further details with respect to this action, see the
application for amendment dated March 18, 2004, which is available for
public inspection at the Commission's PDR, located at One White Flint
North, Public File Area O1 F21, 11555 Rockville Pike (first floor),
Rockville, Maryland. Publicly available records will be accessible
electronically from the 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 30th day of March 2004.
For the Nuclear Regulatory Commission.
Michael K. Webb,
Project Manager, Section 1, Project Directorate IV, Division of
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 04-7554 Filed 4-2-04; 8:45 am]
BILLING CODE 7590-01-P