[Federal Register Volume 70, Number 39 (Tuesday, March 1, 2005)]
[Notices]
[Pages 9983-9985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-3865]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-272 and 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 (NRC or the Commission) is 
considering issuance of an amendment to Facility Operating License Nos. 
DPR-70 and DPR-75 issued to the Salem Nuclear Generating Station, Unit 
Nos. 1 and 2 (Salem) for operation in Salem County, New Jersey.
    The proposed revision would modify the Technical Specification (TS) 
definition of OPERABILITY with respect to requirements for availability 
of normal and emergency power. Additionally, the proposed revision 
would modify the required actions for shutdown power TSs.
    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. Pursuant to 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; (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

[[Page 9984]]

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 likelihood of an event is not significantly increased since 
the proposed changes do not alter the types of equipment required to 
be OPERABLE to supply the minimum required diversity of AC 
[alternating current] power. Also, the probability of occurrence or 
the consequences for an accident is not significantly increased by 
the proposed changes since the minimum configuration of equipment 
required by [an] individual TS will remain available. Further, the 
proposed changes do not alter the way any structure, system or 
component (SSC) functions, do not significantly modify the manner in 
which the plant is operated, and do not significantly alter 
equipment out-of-service time. The change to the difference between 
1 hour under LCO [limiting condition for operation] 3.0.3 and 4 
hours under LCO 3.8.1.1 Action b is not significant since the 
likelihood of a Design Basis Event (DBE) combined with a Loss of 
Offsite Power (LOOP) during the additional 3 hours is so low as to 
be not significant. The allowance for one EDG [emergency diesel 
generator] to supply all required features in Modes 5 & 6 is not 
operationally or safety significant since all required features will 
continue to have required backup power. Further, no changes to the 
design of structures, systems, or components (SSC) are made and 
there are no effects on accident mitigation.
    Therefore, the proposed changes do 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 possibility of a new or different kind of accident from any 
accident or malfunction in the Salem Updated Final Safety Analysis 
Report (UFSAR) is not created. The allowable outage time is 
consistent with requirements of Improved Standard Technical 
Specifications and does not introduce any new of different failure 
from any previously evaluated or change the manner in which safety 
systems are operated. The associated system and equipment 
configurations are no different from those previously evaluated. 
Therefore a different accident is not created. In addition, the 
proposed changes cannot initiate an accident. Further, the proposed 
changes do not change the design function or operation of any SSCs.
    Therefore, the proposed changes do not create the possibility of 
a new or different kind of accident from any previously evaluated.
    3. Does the proposed change involve a significant reduction in a 
margin of safety?
    Response: No.
    The proposed changes continue to provide assurance that an event 
coincident with failure of an associated diesel generator or offsite 
power circuit will not result in complete loss of safety function of 
critical required redundant systems or equipment. In addition, the 
proposed changes do not change the margin of safety since no SSCs 
are changed. The results of accident analysis remain unchanged by 
the proposed [changes].
    Therefore, the proposed changes do 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 6D22, 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 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 2.309, 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 factors: (1) The name, address, and telephone number of the 
requestor or petitioner; (2) the nature of the petitioner's right under 
the Act to be made party to the proceeding; (3) the nature and extent 
of the petitioner's property, financial, or other interest in the 
proceeding; and (4) the possible effect of any order which may be 
entered in the proceeding on the petitioner's interest. The petition 
must also set forth the specific contentions which the petitioner/
requestor seeks to have litigated at the proceeding.

[[Page 9985]]

    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. 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 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 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; or (2) 
courier, express mail, or expedited delivery services: Office of the 
Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville 
Pike, Rockville, Maryland 20852, Attention: Rulemaking and 
Adjudications Staff; or (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, the verification 
number is (301) 415-1966. A copy of the request for hearing 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 
Jeffrie J. Keenan, Esquire, PO 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 2.309(c)(1)(i)-(viii).
    For further details with respect to this action, see the 
application for amendment dated July 23, 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 (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 23rd day of February 2005.

    For the Nuclear Regulatory Commission.
Daniel S. Collins,
Senior Project Manager, Section 2, Project Directorate I, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 05-3865 Filed 2-28-05; 8:45 am]
BILLING CODE 7590-01-P