[Federal Register Volume 63, Number 98 (Thursday, May 21, 1998)]
[Notices]
[Pages 28010-28012]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13561]


-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-387 and 50-388]


Pennsylvania Power and Light 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 amendments to Facility Operating License Nos. 
NPF-14 and NPF-22 issued to Pennsylvania Power and Light Company for 
operation of the Susquehanna Steam Electric Station (SSES), Units 1 and 
2 located in Luzerne County, Pennsylvania.
    The proposed amendment would change the Technical Specifications 
(TS) for SSES, Units 1 and 2 to implement the provisions of Generic 
Letter 86-10 related to the relocation of SSES, Units 1 and 2 Fire 
Protection Program from the TS to a licensee controlled document, the 
SSES Technical Requirements Manual. This notice supersedes the previous 
notice published in the Federal Register on October 25, 1995 (60 FR 
54724), in its entirety.
    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:

    1. Involve a significant increase in the probability or 
consequences of an accident previously evaluated.
    The proposed change relocates the provisions of the Fire 
Protection Program that are contained in the Technical 
Specifications and places them in the Technical Requirements Manual. 
No requirements are being added or deleted. A requirement is 
proposed to require written procedures for the implementation of the 
Technical Requirements Program. Review and approval of those 
portions of the Fire Protection Program contained in the Technical 
Requirements Manual and revisions thereto will be the responsibility 
of the Plant Operations Review Committee just as it was their 
responsibility to review changes to the fire protection Limiting 
Condition for Operation and Surveillance Requirements when they were 
part of the Technical Specifications. Requiring review by the Plant 
Operations Review Committee reinforces the importance of the 
Technical Requirements Manual and the requirements controlled by it 
and assures a multidisciplined review. Approved Technical 
Requirements or changes thereto are provided to the Susquehanna 
Review Committee for information. No design basis accidents are 
affected by the change, nor are safety systems adversely affected by 
the change. Therefore, there is no impact on the probability of 
[oc]currence or the consequences of any design basis accidents.
    Approval, as defined in Technical Specification 6.8.2, of 
procedures listed in Technical Specification 6.8.1 is proposed to be 
changed from the ``Superintendent of Plant-Susquehanna'' to General 
Manager-Susquehanna SES. This change is administrative in nature and 
as such is no impact on the probability of [oc]currence or the 
consequences of any design basis accidents.
    The proposed changes to the license conditions for Units 1 and 2 
are administrative in nature in that these changes only update the 
listing of NRC approved safety evaluations and as such are no impact 
on the probability of [oc]currence or the consequences of any design 
basis accidents.
    2. Create the possibility of a new or different kind of accident 
from any accident previously evaluated.
    The proposed changes relocate the provisions of the Fire 
Protection Program that are contained in the Technical 
Specifications and places them in the Technical Requirements Manual. 
The proposed change requires written procedures to cover the 
implementation of the Technical Requirements Program No requirements 
are being added or deleted by the Technical Requirements Manual. 
There are no new failure modes associated with the proposed changes. 
Therefore, since the plant will continue to operate as designed, the 
proposed changes will not modify the plant response to an accident.
    Approval, as defined in Technical Specification 6.8.2, of 
procedures listed in Technical Specification 6.8.1 has been 
change[d] from the ``Superintendent of Plant Susquehanna'' to 
General Manager-Susquehanna SES. This change is administrative in 
nature and as such creates no new failure modes and will not modify 
the plant response to an accident.
    The proposed changes to the license conditions for Units 1 and 2 
are administrative in nature in that these changes only update the 
listing of NRC approved safety evaluations and as such create no new 
failure modes and will not modify the plant response to an accident.
    3. Involve a significant reduction in a margin of safety.
    No change is being proposed for the Fire Protection Program 
requirements themselves. The relevant Technical Specifications are 
being relocated, and the requirements contained therein are being 
incorporated into the Technical Requirements Manual. Plant 
procedures will continue to provide the specific instructions 
necessary for the implementation of the requirements, just as when 
the requirements resided in the Technical Specifications. A written 
procedure will be in place for the implementation of the Technical 
Requirements Program. Fire Protection Program changes will be 
subject to the provisions of 10C FR 50.59 and the current

[[Page 28011]]

fire protection license condition. As such, the changes do not 
directly affect any protective boundaries nor [do they] impact the 
safety limits for the boundary. Review and approval of those 
portions of the Fire Protection Program contained in the Technical 
Requirements Manual and the revisions thereto will be the 
responsibility of the Plant Operations Review Committee just as it 
was their responsibility to review changes to the fire protection 
Limiting Condition for Operation and Surveillance Requirements when 
they were part of the Technical Specification[s]. Approved Technical 
Requirements or changes thereto are provided to the Susquehanna 
Review Committee for information. Thus, there are no adverse impacts 
on the protective boundaries, safety limits, or margin of safety.
    Since operability and surveillance requirements will remain in a 
controlled document, the changes do not reduce the effectiveness of 
Technical Specification requirements. Any changes to the Fire 
Protection Program requirements will be made in accordance with the 
provisions of 10 CFR 50.59 and the fire protection license 
condition.
    Approval, as defined in Technical Specification 6.8.2, of 
procedures listed in Technical Specification 6.8.1 has been 
change[d] from the ``Superintendent of Plant Susquehanna'' to 
General Manager-Susquehanna SES. This change is administrative in 
nature and as such there is no adverse impact[ ] on the protective 
boundaries, safety limits, or margin of safety.
    The proposed changes to the license conditions for Units 1 and 2 
are administrative in nature in that these changes only update the 
listing of NRC approved safety evaluations and as such there is no 
adverse impacts on the protective boundaries, safety limits, or 
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 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 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 June 22, 1998, 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 Osterhout Free Library, Reference 
Department, 71 South Franklin Street, Wilkes-Barre, PA 18701. 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.

[[Page 28012]]

    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 Jay Silberg, Esquire, Shaw, Pittman, 
Potts and Trowbridge, 2300 N Street NW., Washington, DC 20037, 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 May 12, 1998, 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 Osterhout Free Library, Reference 
Department, 71 South Franklin Street, Wilkes-Barre, PA 18701.

    Dated at Rockville, Maryland, this 15th day of May 1998.

    For the Nuclear Regulatory Commission
Victor Nerses,
Senior Project Manager, Project Directorate I-2, Division of Reactor 
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 98-13561 Filed 5-20-98; 8:45 am]
BILLING CODE 7590-01-P