[Federal Register Volume 70, Number 91 (Thursday, May 12, 2005)]
[Notices]
[Pages 25122-25124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-2339]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-387 and 50-388]


Susquehanna Steam Electric Station, Units 1 and 2; 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-14 and NPF-22, issued to PPL Susquehanna, LLC (PPL, the licensee), 
for operation of the Susquehanna Steam Electric Station, Units 1 and 2, 
located in Berwick, Pennsylvania.
    The proposed amendment would revise the Technical Specification 
(TS) 3.8.4, ``DC Sources--Operating,'' to address new required actions 
for the condition in which a 125 volt direct current (VDC) charger is 
taken out of service for the purposes of a special inspection and 
related activities. The proposed changes would be in effect

[[Page 25123]]

until the special inspection and related activities are completed on 
each of the 125 VDC Class 1E battery chargers but no later than 60 days 
following the issuance of the Unit 1 and 2 amendments. Specifically, 
required Action A.2.1 would require that surveillance requirement 
3.8.6.1 will be performed within 2 hours and once-per-12 hours 
thereafter; required Action A.2.2 would restrict the restoration time 
for the inoperable electrical power subsystem to 36 hours.
    The exigent amendment request is being made because of the desire 
to verify, on an expedited basis, that the Unit 1 125 VDC battery 
chargers are not degraded such that a failure could occur as was 
experienced on Unit 2 on April 10, 2005. The current TS requirements do 
not afford enough time to maintain 100% power operation and perform the 
desired inspections and related activities. The Unit 2 TSs are being 
requested as a contingency should it be necessary to perform further 
work on the Unit 2 125 VDC battery chargers as a result of the ongoing 
Unit 2 125 VDC cause evaluation.
    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 10 CFR 50.91(a)(6) 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 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?
    No. The proposed changes affect Technical Specification (TS) 
3.8.4 for ``DC Sources--Operating.'' The proposed changes add new 
Required Actions for Unit 1 and Unit 2 to specifically address a 
Class 1E 125 VDC electrical power subsystem that has been taken out 
of service to perform special inspection and related activities. 
These changes rely upon the capability of providing the battery 
charger function by an alternate means (e.g., a 125 [volt direct 
current] VDC portable battery charger) to justify the proposed 
completion times. The DC electrical power systems, including 
associated battery chargers, are not initiators to any accident 
sequence analyzed in the Final Safety Analysis Report (FSAR). 
Operation in accordance with the proposed TS ensures that the DC 
electrical power systems are capable of performing their functions 
as described in the FSAR. Therefore, the mitigative functions 
supported by the DC Power Systems will continue to provide the 
protection assumed by the analysis.
    Based on the above, 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?
    No. The proposed changes involve revising TS 3.8.4 ``DC 
Sources--Operating,'' for the DC electrical power systems. These 
changes rely upon the capability of providing the battery charger 
function by an alternate means to justify the proposed completion 
times when a normal battery charger is taken out of service to 
perform special inspections and related activities. The DC 
electrical power systems, which include the associated battery 
chargers, are not initiators to any accident sequence. Rather, the 
DC electrical power systems are used to supply equipment used to 
mitigate an accident. These mitigative functions, supported by the 
DC electrical power systems, provide the protection assumed by the 
safety analysis described in the FSAR. The portable battery charger 
will be connected to the Class 1E 125 VDC subsystem using a double 
isolation method. Therefore, there are no new types of failures or 
new or different kinds of accidents or transients that could be 
created by these changes.
    Based on the above, the proposed changes do 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?
    No. The margin of safety is established through equipment 
design, operating parameters, and the setpoints at which automatic 
actions are initiated. The proposed changes do not adversely affect 
operation of any plant equipment. These changes do not result in a 
change to the setpoints at which protective actions are initiated. 
Sufficient DC electrical system capacity is ensured to support 
operation of mitigation equipment. The equipment fed by the DC 
electrical sources will continue to be provided adequate power to 
safety-related loads in accordance with the safety analysis. 
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 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, 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,

[[Page 25124]]

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 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. 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.
    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(c)(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 Bryan A. Snapp, Esquire, 
Assoc. General Counsel, PPL Services Corporation, 2 North Ninth St., 
GENTW3, Allentown, PA 18101-1179, attorney for the licensee.
    For further details with respect to this action, see the 
application for amendment dated April 27, 2005, as supplemented by 
letter dated May 4, 2005, which are available for public inspection at 
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. Publicly available records will be accessible 
electronically 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.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 5th day of May 2005.

    For the Nuclear Regulatory Commission.
Richard V. Guzman,
Project Manager, Section 1, Project Directorate I, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. E5-2339 Filed 5-11-05; 8:45 am]
BILLING CODE 7590-01-P