[Federal Register Volume 62, Number 39 (Thursday, February 27, 1997)]
[Notices]
[Pages 9001-9003]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4857]


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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-362]


Southern California Edison Company; 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-15 issued to Southern California Edison Company (the licensee) for 
operation of the San Onofre Nuclear Generating Station (SONGS), Unit 
No. 3 located in San Diego County, California.
    The proposed amendment would defer implementation of Surveillance 
Requirement 3.3.5.6 of Technical Specification 3.3.5, ``Engineered 
Safety Features Actuation System (ESFAS) Instrumentation'' for the 30 
subgroup relays identified in Attachment C of the licensee's February 
18, 1997, letter to no later than the upcoming SONGS Unit 3 Cycle 9 
refueling outage (currently scheduled to begin on April 12, 1997).
    The exigent circumstances for this TS amendment request exist 
because it would avoid an undesirable transient associated with an 
unnecessary plant shutdown and this would minimize potential safety 
consequences and operational risks associated with such action. In the 
event of a planned or unplanned shutdown of Unit 3, prior to the Cycle 
9 refueling outage, testing in accordance with Surveillance Requirement 
3.3.5.6 will be completed prior to increasing in Modes from that 
shutdown.
    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. The proposed change does not involve a significant increase 
in the probability or consequences of an accident previously 
evaluated.
    The proposed change would defer completion of Surveillance 
Requirement (SR) 3.3.5.6 of Technical Specification (TS) 3.3.5 for 
30 Emergency Safety Feature Actuation System (ESFAS) subgroup relays 
until the Unit 3, Cycle 9 refueling outage.
    Operation of the facility would remain unchanged as a result of 
the proposed change and no assumptions or results of any accident 
analyses are affected. Based on other surveillance testing, the 
response time margin available for these subgroup relays, results of 
response time testing on Unit 2 relays, and the history of no 
failures since the 1989 to 1993 time period, the capability of these 
ESFAS subgroup relays to perform their specified safety function has 
been demonstrated and they are operable.
    Therefore, the proposed change will not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    2. The proposed change does not create the possibility of a new 
or different kind of accident from any accident previously 
evaluated.
    The proposed change would defer completion of SR 3.3.5.6 of TS 
3.3.5 for 30 ESFAS subgroup relays until the Unit 3, Cycle 9 
refueling outage.

[[Page 9002]]

    Operation of the facility would remain unchanged as a result of 
the proposed change. No equipment change or operating procedure 
change is being made. Therefore, the proposed change will not create 
the possibility of a new or different kind of accident from any 
accident previously evaluated.
    3. The proposed change does not involve a significant reduction 
in a margin of safety.
    The proposed change would defer completion of SR 3.3.5.6 of TS 
3.3.5 for 30 ESFAS subgroup relays until the Unit 3, Cycle 9 
refueling outage. Based on other surveillance testing, the response 
time margin available for these subgroup relays, and results of 
testing on Unit 2 relays, the capability of these ESFAS subgroup 
relays to perform their specified safety function has been 
demonstrated and they are operable. Therefore, this proposed change 
does 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 15 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 15-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 15-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 
Review and Directives Branch, Division of Freedom of Information and 
Publications 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. Copies of written comments received may be 
examined at the NRC Public 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 March 31, 1997 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 at the local public 
document room located at the Main Library, University of California, 
P.O. Box 19557, Irvine, California 92713. 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 a 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 the amendment is issued before the expiration of the 30-day 
hearing period, the Commission will make a final determination on the 
issue of no significant hazards consideration. If a hearing is 
requested, 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.

[[Page 9003]]

    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: Docketing and 
Services Branch, or may be delivered to the Commission's Public 
Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC, 
by the above date. Where petitions are filed during the last 10 days of 
the notice period, it is requested that the petitioner promptly so 
inform the Commission by a toll-free telephone call to Western Union at 
1-(800) 248-5100 (in Missouri 1-(800) 342-6700). The Western Union 
operator should be given Datagram Identification Number N1023 and the 
following message addressed to William H. Bateman, Director, Project 
Directorate IV-2: petitioner's name and telephone number, date petition 
was mailed, plant name, and publication date and page number of this 
Federal Register notice. 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 T.E. Oubre, Esquire, Southern 
California Edison Company, P.O. Box 800, Rosemead, California 91770, 
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 February 18, 1997, which is available 
for public inspection at the Commission's Public Document Room, the 
Gelman Building, 2120 L Street, NW., Washington, DC, and at the local 
public document room, located at the Main Library, University of 
California, P.O. Box 19557, Irvine, California 92713.

    Dated at Rockville, Maryland, this 21st day of February 1997.

    For the Nuclear Regulatory Commission.
Mel B. Fields,
Project Manager, Project Directorate IV-2, Division of Reactor Projects 
III/IV, Office of Nuclear Reactor Regulation.
[FR Doc. 97-4857 Filed 2-26-97; 8:45 am]
BILLING CODE 7590-01-P