[Federal Register Volume 69, Number 211 (Tuesday, November 2, 2004)]
[Notices]
[Pages 63560-63562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24388]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-443]


FPL Energy Seabrook, LLC, Seabrook Station, Unit No. 1; 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. 
NPF-86 issued to FPL Energy Seabrook, LLC (the licensee), for operation 
of the Seabrook Station, Unit No. 1, located in Rockingham County, New 
Hampshire.
    The proposed amendment would revise the allowed outage times of 
Technical Specification 3.3.3.6, ``Accident Monitoring 
Instrumentation,'' to be consistent with the completion times in the 
related specification in NUREG-1431, Revision 3, ``Standard Technical 
Specifications Westinghouse Plants.''
    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. The proposed changes do not involve a significant increase in 
the probability or consequences of an accident previously evaluated.
    The proposed changes revise the actions and allowed outage times 
(AOT) for inoperable post-accident monitoring (PAM) instrumentation. 
The PAM instrumentation is not an initiator of any previously 
evaluated accident. Furthermore, the PAM instruments are passive 
devices; the instruments do not actuate or control any plant systems 
or components. As a result, the probability of any accident 
previously evaluated is not increased by these proposed changes. 
While this change extends the AOT for inoperable instruments, the 
Technical Specifications will continue to require the availability 
of operable PAM instrumentation for monitoring and assessing 
specific plant parameters during and following an accident. The PAM 
instruments have no impact on the ability of systems to perform the 
safety functions of shutting down the reactor, removing decay heat, 
controlling radioactive releases, or mitigating accident 
consequences. The length of time that a PAM instrument has been 
inoperable has no effect on the consequences of an accident should 
an accident occur. As a result, extending the AOT for these 
instruments will not significantly increase the consequences of 
accidents previously evaluated.
    2. The proposed changes do not create the possibility of a new 
or different kind of accident from any [accident] previously 
evaluated.
    The proposed changes neither install or remove any plant 
equipment, nor alter the design, physical configuration, or mode of 
operation of any plant structure, system, or component. The accident 
monitoring instrumentation consists of passive devices and is not an 
initiator of any accident. No physical changes are being made to the 
plant, so no new accident causal mechanisms are being introduced. 
Therefore, operation of the facility in accordance with the proposed 
amendments will not create the possibility of a new or different 
kind of accident from any previously evaluated.
    3. The proposed changes do not involve a significant reduction 
in a margin of safety.
    The proposed changes do not alter the design, configuration, 
operation, or function of any plant system, structure, or component. 
The ability of any operable structure, system, or component to 
perform its designated safety function is unaffected by this change. 
These proposed changes allow an appropriate time to restore 
inoperable PAM instruments to operable status when one or more 
channels of a required instrument function become inoperable. The 
additional time to restore an inoperable channel to operable status 
is appropriate based on the low probability of an event requiring 
the accident monitoring instrumentation during the interval, 
providing a reasonable time for repair of the instrumentation, and 
alternate means of obtaining the required information. Moreover, 
with the exception of the containment post-LOCA [loss-of-coolant 
accident] high range area monitor (as currently licensed) this 
change retains the requirement to shut down the plant if less than a 
minimum number of instrument channels of the required parameters are 
operable. Therefore, operation of the facility in accordance with 
the proposed amendment will not involve a significant reduction in 
the 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

[[Page 63561]]

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 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/doc-collections/cfr/. (Note: 
Public access to ADAMS has been temporarily suspended so that security 
reviews of publicly available documents may be performed and 
potentially sensitive information removed. Please check the NRC Web 
site for updates on the resumption of ADAMS access.) 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 basis 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 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 M. S. Ross, Florida Power 
& Light Company, P.O. Box 14000, Juno Beach, FL 33408-0420, attorney 
for the licensee.
    For further details with respect to this action, see the 
application for amendment dated October 22, 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]. 
(Note: Public access to ADAMS has been temporarily suspended so that 
security reviews of publicly available documents may be performed and 
potentially sensitive information removed. Please check the NRC Web 
site for updates on the resumption of ADAMS access.)

    Dated in Rockville, Maryland, this 27th day of October 2004.

[[Page 63562]]

    For the Nuclear Regulatory Commission.
Scott P. Wall,
Project Manager, Section 2, Project Directorate I, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 04-24388 Filed 11-1-04; 8:45 am]
BILLING CODE 7590-01-P