[Federal Register Volume 71, Number 148 (Wednesday, August 2, 2006)]
[Notices]
[Pages 43819-43821]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-12442]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-272 and 50-311]
PSEG Nuclear LLC; Notice of Consideration of Issuance of
Amendments to Facility Operating Licenses, 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 amendments to Facility Operating License Nos.
DPR-70 and DPR-75 issued to PSEG Nuclear LLC (the licensee) for
operation of the Salem Nuclear Generating Station (Salem), Unit Nos. 1
and 2, located in Salem County, NJ.
The proposed amendments would revise the Technical Specifications
(TSs) to delete Surveillance Requirement (SR) 4.9.2.b, which requires
performance of a channel functional test (CFT) of each source range
neutron flux monitor within 8 hours prior to the initial start of core
alterations. An associated administrative change would renumber current
SR 4.9.2.c as SR 4.9.2.b. The amendments would also eliminate the
restriction in SRs 4.10.3.2 and 4.10.4.2 that the CFTs of the
intermediate and power range monitors be performed within 12 hours
prior to initiating physics tests. The amendments would also make
changes to TS Table 4.3-1 to make the SRs on the above instruments
better aligned with NUREG-1431, ``Standard Technical Specifications,
Westinghouse Plants,'' and with Technical Specification Task Force
Traveler 108, ``Eliminate the 12 hour [Channel Operational Test] on
power range and intermediate range channels for Physics Test
Exceptions.'' Specifically, the frequency of the CFTs for the
intermediate range, source range, and power range monitors would be
changed to be more consistent with NUREG-1431.
Before issuance of the proposed license amendments, 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 amendments 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 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 proposed changes do not affect the design, operational
characteristics, function, or reliability of the source range,
intermediate range, or power range monitors. A channel functional
test for the source range, intermediate range, or power range
monitors will continue to be performed at a frequency that has been
determined to be sufficient for verification that the monitors are
properly functioning. The proposed changes eliminate extraneous and
unnecessary performance of a channel functional test for the source
range, intermediate range, or power range monitors. A channel
functional test for the source range, intermediate range, or power
range monitors is not a precursor to, or assumed to be an initiator
of any analyzed accident. Therefore, these proposed changes do not
involve a significant increase in the probability of an accident.
The consequences of accidents previously evaluated in the
Updated Final Safety Analysis Report are unaffected by the proposed
changes because no change to any
[[Page 43820]]
equipment response or accident mitigation scenario has resulted. The
proposed changes will have no adverse effect on the availability,
operability, or performance of the safety-related systems and
components assumed to actuate in the event of a design basis
accident or transient. Because the source range, intermediate range,
and power range monitors will remain capable of performing their
design function, the proposed changes do not involve a significant
increase in the consequences of an accident previously evaluated.
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 proposed changes do not create the possibility of a new or
different kind of accident from any accident previously evaluated in
the Updated Final Safety Analysis Report. No new accident scenarios,
failure mechanisms, or limiting single failures are introduced as a
result of the proposed changes. Specifically, no new hardware is
being added to the plant as part of the proposed change, no existing
equipment design or function is being modified, and no significant
changes in operations are being introduced. No new equipment
performance burdens are imposed.
Therefore, 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?
Response: No.
The proposed changes will not alter any assumptions, initial
conditions, or results of any accident analyses. The ability of
operators to monitor the reactor power level during all operating
conditions and modes of operation with the source range,
intermediate range, or power range monitors is unchanged by these
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 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
(PDR), 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 O1F21, 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 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
[[Page 43821]]
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 email 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, Nuclear Business Unit--N21, P.O. Box 236, Hancocks Bridge, NJ
08038, attorney for the licensee.
For further details with respect to this action, see the
application for amendment dated December 7, 2005, and the supplement
dated July 20, 2006, which are 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 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 or
301-415-4737, or by e-mail to [email protected].
Dated at Rockville, Maryland, this 26th day of July 2006.
For the Nuclear Regulatory Commission.
Stewart N. Bailey,
Senior Project Manager, Plant Licensing Branch 1-2, Division of
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. E6-12442 Filed 8-1-06; 8:45 am]
BILLING CODE 7590-01-P