[Federal Register Volume 69, Number 202 (Wednesday, October 20, 2004)]
[Notices]
[Pages 61695-61697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23427]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-293]


Entergy Nuclear Operations, Inc., Pilgrim Nuclear Power Station; 
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-35 issued to Entergy Nuclear Operations, Inc. (the licensee) for 
operation of the Pilgrim Nuclear Power Station located in Plymouth, MA.
    The proposed amendment would approve an engineering evaluation 
performed in accordance with Pilgrim Nuclear Power Station Technical 
Specification (TS) 3.6.D.3 to justify continued power operation with 
safety relief valve (SRV)-3C discharge pipe temperature exceeding 212 
degrees Fahrenheit ([deg]F) for greater than 24 hours as required by TS 
3.6.D.4.
    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 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.
    Indication of elevated SRV discharge pipe temperature is 
attributed to leakage past the SRV pilot valve. Excessive leakage, 
corresponding to temperatures greater than 255[deg]F, has the 
potential to affect SRV operability by affecting the SRV setpoint or 
response time. Continued operation with the discharge pipe of the 
SRV indicating temperatures less than 255[deg]F ensures that the 
leakage past the SRV is maintained below the threshold for a leakage 
rate that would potentially have an effect on SRV setpoint or 
response time.
    Administrative controls are in place to ensure that margin to 
the 255[deg]F value is maintained to assure reliable operation and 
to reduce the potential for damage to the SRV pilot seat and disc. 
The SRV continues to perform the intended design/safety function 
with no adverse effect because the leakage past the SRV is 
maintained below the threshold for a leakage rate that could 
potentially have an adverse impact on the ability of the SRV to 
perform the design function. The impact of the leakage on other 
systems is small and all systems continue to be able to perform 
their intended design functions. Current accident analyses remain 
bounding and there is no significant increase in the consequences of 
any accident previously evaluated. In addition, as a result of the 
leakage, normal plant operating parameters are not affected and 
consequently there is no increased risk in a plant transient.
    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.
    Continued plant operation with elevated SRV-3C discharge pipe 
temperature within the bounds of the established administrative 
controls ensures that the leakage past the SRV is maintained below 
the threshold for a leakage rate that would potentially have an 
effect on SRV setpoint or response time. This ensures that the SRV 
will perform the intended design/safety function. The leakage does 
not adversely impact the ability of any system to perform its design 
function. The methods governing plant operation and testing remain 
consistent with current safety analysis assumptions. Therefore, the 
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.
    Continued operation with the of SRV-3C discharge pipe indicating 
temperature in excess of 212 [deg]F does not adversely affect 
existing plant safety margins or the reliability of the equipment 
assumed to operate in the safety analysis. The leakage does not 
result in excess SRV setpoint drift or response time

[[Page 61696]]

changes. The imposed administrative controls on plant operation 
provide assurance that there will be no adverse effect on the 
ability of the SRV to perform the intended design/safety function. 
There are no changes being made to safety analysis assumptions, 
safety limits or safety system settings that would adversely affect 
plant safety. Therefore, the proposed 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 60 days after the date of publication of this notice. The 
Commission may issue the license amendment before expiration of the 60-
day period provided that its final determination is that the amendment 
involves no significant hazards consideration. In addition, the 
Commission may issue the amendment prior to the expiration of the 30-
day comment period should circumstances change during the 30-day 
comment period such that failure to act in a timely way would result, 
for example in derating or shutdown of the facility. Should the 
Commission take action prior to the expiration of either the comment 
period or the notice period, it will publish in the Federal Register a 
notice of issuance. Should the Commission make a final No Significant 
Hazards Consideration Determination, any hearing will take place 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.
    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/cfr/. 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 requestors/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 is aware and on which the 
petitioner intends to rely to establish those facts or expert opinion. 
The petition must include 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/requestor 
who fails to satisfy 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.
    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.
    Nontimely requests and/or petitions and contentions will not be 
entertained absent a determination by the Commission or the presiding 
officer of 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).
    A request for a hearing or a petition for leave to intervene must 
be filed by: (1) First class mail addressed to the

[[Page 61697]]

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: Rulemakings 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 e-mail to [email protected]. A copy of the request for 
hearing and petition for leave to intervene should also be sent to the 
J. M. Fulton, Esquire, Assistant General Counsel, Pilgrim Nuclear Power 
Station, 600 Rocky Hill Road, Plymouth, Massachusetts 02360-5599, 
attorney for the licensee.
    For further details with respect to this action, see the 
application for amendment dated October 12, 2004, 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 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/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 14th day of October, 2004.

    For the Nuclear Regulatory Commission.
George F. Wunder,
Project Manager, Section 2, Project Directorate I, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 04-23427 Filed 10-19-04; 8:45 am]
BILLING CODE 7590-01-P