[Federal Register Volume 60, Number 236 (Friday, December 8, 1995)]
[Notices]
[Pages 63070-63073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29937]



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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-244]


R. E. Ginna Nuclear Power Plant; 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-18, issued to Rochester Gas and Electric Corporation (the licensee) 
for operation of the R. E. Ginna Nuclear Power Plant located in Wayne 
County, New York.
    The proposed amendment would revise the Ginna Station Technical 
Specifications (TSs) to implement the amended regulation 10 CFR Part 
50; Appendix J, Option B (new rule), to provide a performance based 
option for leakage-rate testing of containment.
    The proposed amendment would revise the current TSs (CTSs) and 
License, Item 2.D, which contains four exemptions to 10 CFR Part 50, 
Appendix J, Option A, which are proposed to be removed:
    a. Exemption from Section III.A.4(a) with respect to the maximum 
allowable leakage rate for reduced pressure tests;
    b. Exemption from Section III.B.1 with respect to the acceptable 
technique for performing local Type B leakage rate tests;
    c. Exemption from Section III.D.1 for scheduling of containment 
integrated leakage rate tests with respect to the 10-year inservice 
inspection (ISI); and
    d. Exemption from Section III.D.2 with respect to the testing 
interval of containment airlocks.
    The proposed amendment would implement Option B as part of the 
implementation of the improved standard TSs (ISTSs) which are currently 
undergoing NRC staff review (submittal of May 26, 1995).
    The amendment proposes to add a specific reference to Regulatory 
Guide 1.163, ``Performance-Based Containment Leak-Test Program'' in the 
Administrative Controls section of the Ginna Station TSs. No exceptions 
to the regulatory guide, nor the documents which are endorsed by the 
regulatory guide, are being requested. The licensee does not propose to 
deviate from methods approved by the Commission and endorsed in a 
regulatory guide.
    The amendment proposes that a detailed performance-based leakage-
test program will be available for NRC inspection upon implementation 
of the ISTSs for the Ginna Station.
    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 proposed changes to the Ginna Station Technical 
Specifications [* * *] have been evaluated with respect to 10 CFR 
50.92(c) and shown to not involve a significant hazards 
consideration as described below. This evaluation is organized into 
the 4 categories [* * *].

C.1  Evaluation of More Restrictive Changes

    The more restrictive changes [* * *] do not involve a 
significant hazards consideration as discussed below:
    1. Operation of Ginna Station in accordance with the proposed 
changes does not involve a significant increase in the probability 
or consequences of an accident previously evaluated. The proposed 
changes provide more stringent requirements for operation of the 
facility. These more stringent requirements do not result in 
operation that will increase the probability of initiating an 
analyzed event and do not alter assumptions relative to mitigation 
of an accident or transient event. The more restrictive requirements 
continue to ensure that process variables, structures, systems, and 
components are maintained consistent with the safety analyses and 
licensing basis. Therefore, this change does not involve a 
significant increase in the probability or consequences of an 
accident previously analyzed.
    2. Operation of Ginna Station in accordance with the proposed 
changes does not create the possibility of a new or different kind 
of accident from any accident previously evaluated. The proposed 
changes do not involve a physical alteration of the plant (i.e., no 
new or different type of equipment will be installed) or changes in 
the methods governing normal plant operation. The proposed changes 
do impose different requirements. However, these changes are 
consistent with assumptions made in the safety analysis and 
licensing basis. Thus, this change does not create the possibility 
of a new or different kind of accident from any accident previously 
evaluated.
    3. Operation of Ginna Station in accordance with the proposed 
changes does not involve a significant reduction in a margin of 
safety. The imposition of more restrictive requirements either has 
no impact or increases the margin of plant safety. Each change in 
this category is, by definition, providing additional restrictions 
to enhance plant safety. The change maintains requirements within 
safety analyses and licensing bases. Therefore, this change does not 
involve a significant reduction in a margin of safety.
    Based upon the above information, it has been determined that 
the proposed administrative changes to the Ginna Station Technical 
Specifications do not involve a significant increase in the 
probability or consequences of an accident previously evaluated, 
does not create the possibility of a new or different kind of 
accident previously evaluated, and does not involve a significant 
reduction in a margin of safety. Therefore, it is concluded that the 
proposed changes meet the requirements of 10 CFR 50.92(c) and do not 
involve a significant hazards consideration.

C.2  Evaluation of Less Restrictive Changes

    The less restrictive changes [* * *] do not involve a 
significant hazards consideration as discussed below:
    1. Operation of Ginna Station in accordance with the proposed 
changes does not involve a significant increase in the probability 
or consequences of an accident previously evaluated. The proposed 
changes are all consistent with NRC requirements and guidance for 
implementation of Option B. Based on industry and NRC evaluations 
performed in support of developing Option B, these changes 
potentially result in a minor increase in the consequences of an 
accident previously evaluated due to the increased testing 
intervals. However, the proposed changes do not result in an 
increase in the core damage frequency since the containment system 
is used for mitigation purposes only. The changes are also expected 
to result in increased attention on components with poor leakage 
test history as part of the performance-based nature of Option B 
such that the marginally increased consequences from the expanded 
testing intervals may be further reduced or negated. Therefore, 
these changes do not involve a significant increase in the 
probability or consequences of an accident previously evaluated.
    2. Operation of Ginna Station in accordance with the proposed 
changes does not create the possibility of a new or different kind 
of accident from any accident previously evaluated. The proposed 
changes do not involve a physical alteration of the plant (i.e., no 
new or different type of equipment will be installed) nor alter the 
function of the containment system. The changes only provide for 
additional time between tests and revised acceptance and testing 
criteria for leakage tests which remain consistent with the accident 
analysis bases. Thus, these changes do not create the possibility of 
a new or different kind of accident from any previously evaluated.
    3. Operation of Ginna Station in accordance with the proposed 
changes does not involve a significant reduction in a margin of 
safety. The proposed changes do 

[[Page 63072]]
not alter the manner in which safety limits, limiting safety system 
setpoints, or limiting conditions for operation are determined. 
Instead, the changes are expected to result in an increased focus on 
components demonstrating poor leakage test history without excessive 
testing of components which continue to demonstrate good test 
history. Therefore, these changes do not involve a significant 
reduction in a margin of safety.
    Based upon the above, it has been determined that the proposed 
less restrictive changes to the Ginna Station Technical 
Specifications do not involve a significant increase in the 
probability or consequences of an accident previously evaluated, 
does not create the possibility of a new or different kind of 
accident previously evaluated, and does not involve a significant 
reduction in a margin of safety. Therefore, it is concluded that the 
proposed changes meet the requirements of 10 CFR 50.92(c) and do not 
involve a significant hazards consideration.

C.3  Evaluation of Administrative Changes

    The administrative changes [* * *] do not involve a significant 
hazards consideration as discussed below:
    1. Operation of Ginna Station in accordance with the proposed 
changes does not involve a significant increase in the probability 
or consequences of an accident previously evaluated. The proposed 
changes involve either: (1) the relocation of requirements within 
the Technical Specifications to support consolidation of similar 
requirements, (2) the reformatting or rewording of the existing 
Technical Specifications to provide consistency with 10 CFR [Part] 
50, Appendix J, Option B or NRC implementing guidance, or (3) minor 
changes to the Technical Specifications such that the changes do not 
involve any technical nature. As such, these changes are 
administrative in nature and does not impact initiators or analyzed 
events or assumed mitigation of accident or transient events. 
Therefore, these changes do not involve a significant increase in 
the probability or consequences of an accident previously analyzed.
    2. Operation of Ginna Station in accordance with the proposed 
changes does not create the possibility of a new or different kind 
of accident from any accident previously evaluated. The proposed 
changes do not involve a physical alteration of the plant (i.e., no 
new or different type of equipment will be installed) or changes in 
the methods governing normal plant operation. The proposed changes 
will not impose any new or different requirements. Thus, this change 
does not create the possibility of a new or different kind of 
accident from any accident previously evaluated.
    3. Operation of Ginna Station in accordance with the proposed 
changes does not involve a significant reduction in a margin of 
safety. The proposed changes will not reduce a margin of plant 
safety because the changes do not impact any safety analysis 
assumptions. These changes are administrative in nature. As such, no 
question of safety is involved, and the change does not involve a 
significant reduction in a margin of safety.
    Based upon the above information, it has been determined that 
the proposed administrative changes to the Ginna Station Technical 
Specifications do not involve a significant increase in the 
probability or consequences of an accident previously evaluated, 
does not create the possibility of a new or different kind of 
accident previously evaluated, and does not involve a significant 
reduction in a margin of safety. Therefore, it is concluded that the 
proposed changes meet the requirements of 10 CFR 50.92(c) and do not 
involve a significant hazards consideration.

C.4  Evaluation of Removed or Deleted Requirements

    The removed or deleted requirements discussed in Section B.4 do 
not involve a significant hazards consideration as discussed below:
    1. Operation of Ginna Station in accordance with the proposed 
changes does not involve a significant increase in the probability 
or consequences of an accident previously evaluated. The proposed 
changes only involve the removal or deletion of requirements which 
are duplicated in 10 CFR [Part] 50, Appendix J, Option B, Regulatory 
Guide [RG] 1.163 as referenced in the Technical Specifications, or 
NEI [Nuclear Energy Institute] 94-01 and ANSI/ANS 56.8-1994 (as 
endorsed by RG 1.163). As such, this change is not technical in 
nature and does not impact initiators or analyzed events or assumed 
mitigation of accident or transient events. Therefore, this change 
does not involve a significant increase in the probability or 
consequences of an accident previously analyzed.
    2. Operation of Ginna Station in accordance with the proposed 
changes does not create the possibility of a new or different kind 
of accident from any accident previously evaluated. The proposed 
changes do not involve a physical alteration of the plant (i.e., no 
new or different type of equipment will be installed) or changes in 
the methods governing normal plant operation. The proposed changes 
will not impose any new or different requirements. Thus, this change 
does not create the possibility of a new or different kind of 
accident from any accident previously evaluated.
    3. Operation of Ginna Station in accordance with the proposed 
changes does not involve a significant reduction in a margin of 
safety. The proposed changes will not reduce a margin of plant 
safety because the deleted requirements are still retained in other 
regulatory documents that cannot be changed without prior NRC review 
and approval. As such, no question of safety is involved, and the 
change does not involve a significant reduction in a margin of 
safety.
    Based upon the above information, it has been determined that 
the proposed changes to the Ginna Station Technical Specifications 
do not involve a significant increase in the probability or 
consequences of an accident previously evaluated, does not create 
the possibility of a new or different kind of accident previously 
evaluated, and does not involve a significant reduction in a margin 
of safety. Therefore, it is concluded that the proposed changes meet 
the requirements of 10 CFR 50.92(c) and do not involve a significant 
hazards consideration.

    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 Rules Review and 
Directives Branch, Division of Freedom 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 January 8, 1996, 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 

[[Page 63073]]
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 Rochester Public Library, 115 South 
Avenue, Rochester, NY 14610. 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, 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 Ledyard B. Marsh, Director, Project Directorate I-
1: 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 Nicholas S. Reynolds, Winston and Strawn, 
1400 L St. NW., Washington, DC 20005, 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 November 27, 1995, 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 Rochester Public Library, 115 South 
Avenue, Rochester, NY 14610.

    Dated at Rockville, Maryland, this 1st day of December 1995.

    For the Nuclear Regulatory Commission.
Allen R. Johnson,
Project Manager, Project Directorate I-1, Division of Reactor 
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 95-29937 Filed 12-7-95; 8:45 am]
BILLING CODE 7590-01-P