[Federal Register Volume 65, Number 117 (Friday, June 16, 2000)]
[Notices]
[Pages 37807-37808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-15269]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-410]


Niagara Mohawk Power Corporation; 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-69 issued to Niagara Mohawk Power Corporation (the licensee) for 
operation of the Nine Mile Point Nuclear Station, Unit No. 2 (NMP2) 
located in Scriba, Oswego County, New York.
    The proposed amendment would revise Section 3.10.8, ``Shutdown 
Margin (SDM) Test--Refueling,'' of the Technical Specifications (TS), 
correcting an administrative error introduced when Amendment No. 91, 
converting the TS to the Improved Technical Specifications (ITS) format 
was processed. The error of omission was introduced by the licensee in 
that a February 7, 2000, licensee submittal did not propose to revise 
ITS Specification 3.10.8 consistent with the changes made to ITS Table 
3.3.1.1 with regards to the inclusion of the Oscillation Power Range 
Monitor function (OPRM). The OPRM function was introduced into the TS 
by Amendment No. 92, which was being processed concurrently with the 
ITS conversion and which was issued within days after issuance of 
Amendment No. 91. Specifically, the licensee did not propose to revise 
ITS Limiting Condition of Operation (LCO) 3.10.8.a, ITS Surveillance 
Requirement 3.10.8.1 and associated Bases to reflect the re-numbering 
of Function 2.e to 2.f on ITS Table 3.3.1.1-1 as a consequence of the 
insertion of a new Reactor Protection System function (i.e., Function 
2.e, ``OPRM-Upscale''). Thus the amendment proposed by the licensee's 
June 7, 2000, application would only correct such omission to match 
technical changes already approved by Amendment No. 92.
    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 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:

    The operation of Nine Mile Point Unit 2, in accordance with the 
proposed amendment, will not involve a significant increase in the 
probability or consequences of an accident previously evaluated.
    Changes are proposed to ITS Specification 3.10.8 whereby the 
following aspects of this Specification are revised: ITS LCO 
3.10.8.a, ITS SR [Surveillance Requirement] 3.10.8.1 and the 
associated ITS Bases. These changes replace references to Function 
2.e with references to Function 2.f. These Functions are associated 
with the ITS RPS [reactor protection system] Instrumentation Table 
3.3.1.1-1. ``OPRM-Upscale'' is Function 2.e and ``2-Out-Of-4 Voter'' 
is Function 2.f on the ITS RPS Table. Since neither of these 
functions are assumed to be initiators of any design basis accident 
or transient, the changes do not involve a significant increase in 
the probability of an accident previously evaluated.
    The proposed changes to ITS LCO 3.10.8.a, ITS SR 3.10.8.1 and 
associated Bases ensure that the proper portions of the RPS are 
required to be operable and that appropriate surveillances are 
performed to enable shutdown margin testing during certain plant 
conditions. These operability and surveillance requirements will 
ensure mitigation of unacceptable reactivity excursions during 
control rod withdrawal. Therefore, these changes will maintain test 
operations as well as postulated accidents within the bounds of the 
safety analysis as described in Section 15.4.9 of the Updated Safety 
Analysis Report for a Control Rod Drop Accident. Accordingly, these 
changes do not involve a significant increase in the consequences of 
an accident previously evaluated.
    The operation of Nine Mile Point Unit 2, in accordance with the 
proposed amendment, will not create the possibility of a new or 
different kind of accident from any accident previously evaluated.
    The proposed changes do not introduce any new failure modes. The 
proposed changes ensure that proper portions of the RPS are required 
to be operable and that appropriate surveillances are performed to 
enable shutdown margin testing. Therefore, the proposed change will 
not create the possibility of a new or different kind of accident 
from any accident previously evaluated.
    The operation of Nine Mile Point Unit 2, in accordance with the 
proposed amendment, will not involve a significant reduction in a 
margin of safety.
    The proposed changes ensure that the proper RPS functions are 
required to be operable and [surveyed] consistent with the safety 
analysis as described in Section 15.4.9 of the Updated Safety 
Analysis Report for a Control Rod Drop Accident. Therefore, 
operation in accordance with the proposed amendment 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 
requested amendment 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 6D59, Two White Flint North, 11545 Rockville Pike, Rockville, 
Maryland, from 7:30 a.m. to 4:15 p.m. Federal workdays. Copies of 
written comments received may be examined at the NRC Public

[[Page 37808]]

Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC.
    The filing of requests for hearing and petitions for leave to 
intervene is discussed below.
    By July 17, 2000, 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 2.714 which is 
available at the Commission's Public Document Room, the Gelman 
Building, 2120 L Street, NW., Washington, DC, and accessible 
electronically through the ADAMS Public Electronic Reading Room link at 
the NRC Web site (http://www.nrc.gov). 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 2.714, 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 nature of the petitioner's right under the 
Act to be made party to the proceeding; (2) the nature and extent of 
the petitioner's property, financial, or other interest in the 
proceeding; and (3) the possible effect of any order which may be 
entered in the proceeding on the petitioner's interest. The petition 
should also identify the specific aspect(s) of the subject matter of 
the proceeding as to which petitioner wishes to intervene. Any person 
who has filed a petition for leave to intervene or who has been 
admitted as a party may amend the petition without requesting leave of 
the Board up to 15 days prior to the first prehearing conference 
scheduled in the proceeding, but such an amended petition must satisfy 
the specificity requirements described above.
    Not later than 15 days prior to the first prehearing conference 
scheduled in the proceeding, a petitioner shall file a supplement to 
the petition to intervene which must include a list of the contentions 
which are sought to be litigated in the matter. 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. Petitioner 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 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 with the Secretary of the Commission, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, Attention: Rulemakings and 
Adjudications Staff, or may be delivered to the Commission's Public 
Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC, 
by the above date. A copy of the petition should also be sent to the 
Office of the General Counsel, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, and to Mark J. Wetterhahn, Esquire, Winston 
& Strawn, 1400 L Street, NW., Washington, DC 20005-3502, 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 2.714(a)(1)(i)-(v) and 2.714(d).
    For further details with respect to this action, see the 
application for amendment dated June 7, 2000, which is available for 
public inspection at the Commission's Public Document Room, the Gelman 
Building, 2120 L Street, NW., Washington, DC, and accessible 
electronically through the ADAMS Public Electronic Reading Room link at 
the NRC Web site (http://www.nrc.gov).

    Dated at Rockville, Maryland, this 13th day of June 2000.

    For the Nuclear Regulatory Commission.
Peter S. Tam,
Senior Project Manager, Section 1, Project Directorate I, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 00-15269 Filed 6-15-00; 8:45 am]
BILLING CODE 7590-01-P