[Federal Register Volume 61, Number 4 (Friday, January 5, 1996)]
[Notices]
[Pages 420-422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-144]



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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-354]


Public Service Electric & Gas Company and Atlantic City Electric 
Company Hope Creek Generating Station 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-57, issued to Public Service Electric & Gas Company and Atlantic 
City Electric Company (the licensee), for operation of the Hope Creek 
Generating Station, located on the east shore of the Delaware River in 
Lower Alloways Creek Township, Salem County, New Jersey.
    The proposed amendment would change Hope Creek Generating Station 
Technical Specification (TS) 1.4, ``Channel Calibration'', to define 
actions required for channel calibration of instrument channels 
containing resistance temperature detector or thermocouple sensors.
    The instrument channels affected by this calibration issue are 
required to be operable in Operational Conditions 1, 2 and 3. The 
licensee has determined this issue impacts operability of the affected 
channels. Hope Creek is currently in Operational Condition 5 and the 
affected instrument channels are not required to be operable. However, 
the outage schedule indicates that the licensee will be going to 
Operational Condition 3 on February 2, 1996. Hope Creek TS 3.0.4 
prohibits entry into an operational condition when the Limiting 
Conditions for Operation are not met. The licensee requires 3 days to 
implement the change. Therefore, the licensee requested that this 
amendment request be approved no later than January 31, 1996. Since 
this schedule does not permit the NRC to publish this notice in the 
Federal Register with allowance for a 30-day public comment period, the 
licensee requested that this action be handled as an exigent request.
    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. Will not involve a significant increase in the probability or 
consequences of an accident previously evaluated.
    Since no physical change is being made to the instrumentation 
channels, or to any system or component that interfaces with the 
instrumentation channels, there is no change in the probability of 
any accident analyzed in the UFSAR [Updated Final Safety Analysis 
Report].
    There is no change in the consequences of an accident. The 
proposed change continues to ensure the surveillance requirements 
meet the licensing basis. Also, the testing performed will continue 
to demonstrate the capability of the affected instrumentation 
channels to respond to changes in the state of the monitored 
parameters in a manner consistent with assumptions in the accident 
analysis.
    Therefore, the proposed change does not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    2. Will not create the possibility of a new or different kind of 
accident from any previously evaluated.
    The proposed change does not result in any design or physical 
configuration changes to the instrumentation channels. Operation 
incorporating the proposed change will not impair the 
instrumentation channels from performing as provided in the design 
basis. By aligning the TS to be consistent with the current 
calibration practice we will prevent the possibility for unnecessary 
removal and potential damage of the temperature detectors (for 
sensor calibration). The instrument channels will continue to 
function as assumed in the accident analyses. Therefore, the 
proposed change does not create the possibility of a new or 
different kind of accident from any previously evaluated.
    3. Will not involve a significant reduction in a margin of 
safety.
    Since the proposed change does not involve the addition or 
modification of plant equipment, is consistent with the intent of 
the existing Technical Specifications, is consistent with the 
current industry practices as outlined in NUREG 1433, ``Standard 
Technical Specifications General Electric Plants, BWR/4'' Revision 1 
and is consistent with the design basis of the Instrumentation 
Systems and the accident analysis, no action will occur that will 
involve a significant reduction in a margin of safety.


[[Page 421]]

    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 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 February 5, 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 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 Pennsville Public Library, 190 S. 
Broadway, Pennsville, New Jersey 08070. 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 John Stolz, Director, Project Directorate I-2: 
petitioner's name and telephone 

[[Page 422]]
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 M.J. Wetterhahn, 
Esquire, Winston and 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 December 28, 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 Pennsville Public Library, 190 S. 
Broadway, Pennsville, New Jersey 08070.

    Dated at Rockville, Maryland, this 2nd day of January 1996.

    For The Nuclear Regulatory Commission.
David H. Jaffe,
Senior Project Manager, Project Directorate I-2, Division of Reactor 
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 96-144 Filed 1-4-96; 8:45 am]
BILLING CODE 7590-01-P