[Federal Register Volume 69, Number 215 (Monday, November 8, 2004)]
[Notices]
[Pages 64792-64794]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24807]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-286]


Entergy Nuclear Operations, Inc.; 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-64 issued to Entergy Nuclear Operations, Inc., (the licensee) for 
operation of the Indian Point Nuclear Generating Unit No. 3, located in 
Westchester County, New York.
    The proposed amendment would revise Technical Specification (TS) 
3.7.11, ``Control Room Ventilation System (CRVS),'' to add a note in 
limiting condition for operation (LCO) 3.7.11 and surveillance 
requirement (SR) 3.7.11.4 to allow, on a one-time basis, the placement 
of the CRVS in an alternate configuration to support tracer gas 
testing. The one-time allowance was proposed for the remaining period 
of the current operating cycle 13. The proposed amendment would also 
allow self-contained breathing apparatus and potassium iodide pill to 
be used as compensatory measures for the control room operators in the 
event that the tracer gas test results are not bounded by the dose 
consequence evaluations for the test.
    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.
    The proposed change involves a modification to the design and 
operation of the control room ventilation system (CRVS). The primary 
effect of the proposed modification is an increase in the flow rate 
of filtered outside air into the control room. Industry experience 
and analyses indicate that this change will tend to reduce the 
amount of unfiltered outside air migrating through the control room 
envelope. The proposed change also establishes compensatory measures 
that could be invoked in the event that a measurement of unfiltered 
inleakage indicates the dose analysis assumptions are not bounding. 
Neither of these proposed changes is related to accident initiators 
so that the probability of a previously evaluated accident is not 
affected. The scope of previously evaluated accidents includes the 
dose consequences to control room operators. Dose consequence 
analyses have been updated, using existing dose acceptance criteria 
based on 10 CFR [Part] 50, Appendix A, GDC [General Design 
Criterion]--19, to reflect the proposed modification of the CRVS. In 
addition, establishing compensatory measures available to control 
room operators, provides further [assurance] that the dose 
consequences of previously evaluated accidents meet existing limits.
    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.
    There are no new accident precursors being created by the 
proposed modification of the CRVS or by establishing compensatory 
measures that could be used if unfiltered inleakage through the 
control room envelope is higher than assumed in dose consequence 
analyses. The CRVS will continue to function as required to provide 
protection to the control room operators and the availability of 
compensatory measures provides further assurance that dose limits 
will be met.
    Therefore, the proposed changes described in this license 
amendment request will 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 existing dose limits established in 10 CFR [Part] 50, 
Appendix A, GDC 19 for control room operators are being maintained. 
Dose consequence analyses have been prepared that account for the 
proposed new configuration of the CRVS and a limit for unfiltered 
inleakage has been established as an acceptance criterion for the 
performance of tracer gas testing. In the event that tracer gas test 
results conclude that additional measures are needed for the control 
room envelope, compensatory measures are available to provide 
further assurance that dose limits will be met.

[[Page 64793]]

    Therefore, the proposed changes described in this license 
amendment request will 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/.(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 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:

[[Page 64794]]

(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, <a href="/cdn-cgi/l/email-protection#3a525f5b4853545d5e5559515f4e7a544859145d554c"><span class="__cf_email__" data-cfemail="147c7175667d7a73707b777f7160547a66773a737b62">[email protected]</span></a>; 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 <a href="/cdn-cgi/l/email-protection#90dfd7d3ddf1f9fcd3f5fee4f5e2d0fee2f3bef7ffe6"><span class="__cf_email__" data-cfemail="c08f87838da1a9ac83a5aeb4a5b280aeb2a3eea7afb6">[email protected]</span></a>. A 
copy of the request for hearing and petition for leave to intervene 
should also be sent to Mr. John Fulton, Assistant General Counsel, 
Entergy Nuclear Operations, Inc., 440 Hamilton Avenue, White Plains, NY 
10601, attorney for the licensee.
    For further details with respect to this action, see the 
application for amendment dated October 26, 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 
<a href="/cdn-cgi/l/email-protection#41312533012f33226f262e37"><span class="__cf_email__" data-cfemail="2d5d495f6d435f4e034a425b">[email protected]</span></a>.

    Dated at Rockville, Maryland, this 2nd day of November 2004.

    For the Nuclear Regulatory Commission.
Patrick D. Milano,
Senior Project Manager, Section I, Project Directorate I, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 04-24807 Filed 11-5-04; 8:45 am]
BILLING CODE 7590-01-P


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