[Federal Register Volume 60, Number 84 (Tuesday, May 2, 1995)]
[Notices]
[Pages 21558-21560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10726]



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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-336]


Northeast Nuclear Energy Co.; 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-21, issued to the Northeast Nuclear Energy Company (NNECO/the 
licensee), for operation of the Millstone Nuclear Power Station, Unit 
No. 2, located in New London County, Connecticut.
    The proposed amendment would revise the Technical Specification 
(TS) 3.1.2.4, ``Charging Pumps--Operating,'' by adding a note that 
indicates that the provisions of TS 3.0.4 and 4.0.4 are not applicable 
for entry into MODE 4 from MODE 5.
    Currently Millstone Unit 2 is in an extended shutdown, but is 
scheduled to start up in the near future. The current TS 3.1.2.3 limits 
Millstone Unit No. 2 to only one charging pump and one high pressure 
safety injection (HPSI) pump for MODES 4 and 6. TS 3.1.2.4 requires 
that two charging pumps be operable in MODES 1, 2, 3 and 4. The ACTION 
statement requires that if one charging pump is operable, that an 
additional charging pump must be restored to an operable status or the 
unit must be shut down. TS 3.0.4 prohibits entrance into an operational 
MODE when the limiting condition for operation (LCO) is not met and the 
ACTION statement requires a shutdown. Similarly, TS 4.0.4 prohibits 
entry into an operational MODE if the Surveillance Requirement cannot 
be met. The proposed change would permit Millstone Unit 2 to enter MODE 
4 as planned. Exigent action is justified in order to avoid an 
unnecessary delay in reactor startup.
    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 (SHC) consideration, which is 
presented below:

    * * * The proposed changes do not involve a SHC because the 
changes would not:
    1. Involve a significant increase in the probability or 
consequences of an accident previously evaluated.
    The proposed technical specification change will require that a 
second charging pump be returned to service within four hours of 
entering MODE 4 or prior to entering MODE 3, which ever occurs 
first. The addition of the footnote indicating that Technical 
Specifications 3.0.4 and 4.0.4 are not applicable for entry into 
MODE 4 from MODE 5 will allow for the testing and subsequent return 
to service of a charging pump that was required to be inoperable in 
MODE 5. The testing is necessary to restore the pump to operable 
status.
    The need to restrict charging pump availability in MODE 5 is for 
LTOP protection. The restriction contained in the Technical 
Specification 3.1.2.4 to have a maximum of two charging pumps 
operable when the RCS [reactor coolant system] is less than 
300 deg.F is provided for the boron dilution analysis. Maximizing 
charging pump flow is desirable from shutdown risk management 
schemes. However, all three events, LTOP [low-temperature 
overpressure protection], boron dilution, and shutdown risk 
management must be integrated to maximize overall safety. The short 
(less than 4 hours) delay in verifying the operability of the second 
charging pump after entry into MODE 4 does not significantly affect 
the overall risk. The technical specification as proposed, balances 
all three events and will allow the plant to operate.
    The addition of the proposed footnote to Technical Specification 
3.1.2.4 will not significantly increase the probability or 
consequences of an accident previously evaluated. The charging 
systems safety related functions are not being impacted by the 
proposed change.
    2. Create the possibility of a new or different kind of accident 
from any previously evaluated.
    The proposed change does not alter or affect the design, 
function, failure MODE, or operation of the plant. The proposed 
change will allow NNECO to perform the required operability tests to 
support the restoration of a charging pump to an operable status.
    3. Involve a significant reduction in a margin of safety.
    The proposed modification will allow for the restoration of a 
second charging pump to support plant operation in MODES 1, 2, 3, 
and 4. Testing of the charging pump is necessary to verify 
operability of the pump. Sufficient flow is provided by the 
remaining available pumps to address shutdown risk issues. This 
proposed change will not negatively impact the LTOP evaluation or 
boron dilution analysis.

    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 Rules Review and 
Directives Branch, Division of Freedom [[Page 21559]] of Information 
and Publications Services, Office of Administration, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555, 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 June 1, 1995, 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 Learning Resource Center, Three Rivers 
Community-Technical College, Thames Valley Campus, 574 New London 
Turnpike, Norwich, CT 06360. 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.
    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, 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 Phillip F. McKee, Director, Project Directorate I-
3: 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, and to Ms. L.M. Cuoco, Senior Nuclear Counsel, 
Northeast Utilities Service Company, Post Office Box 270, Hartford, CT 
06141-0270 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 24, 1994, 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 Learning Resource Center, Three Rivers 
Community-Technical College, Thames Valley Campus, 574 New London 
Turnpike, Norwich, CT 06360.

    Dated at Rockville, Maryland, this 26th day of April 1995.

    [[Page 21560]] For the Nuclear Regulatory Commission.
Guy S. Vissing,
Senior Project Manager, Project Directorate I-4, Division of Reactor 
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 95-10726 Filed 5-1-95; 8:45 am]
BILLING CODE 7590-01-M