[Federal Register Volume 61, Number 124 (Wednesday, June 26, 1996)]
[Notices]
[Pages 33142-33144]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16269]



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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-443]


North Atlantic Energy Service Company, et al., Notice of 
Consideration of Issuance of Amendment to Facility Operating License, 
Proposed No Significant Hazards Considering 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-86 issued to North Atlantic Energy Service Corporation (the 
licensee) for operation of the Seabrook Station, Unit No. 1 located in 
Rockingham County, New Hampshire.
    The proposed amendment would modify the Appendix A Technical 
Specifications (TSs) for the Electrical Power Systems, Onsite Power 
Distribution. Specifically, the proposed amendment would change 
Seabrook Station Appendix A Technical Specification 3.8.3.1, Action a. 
to increase from 8 hours to 7 days the allowable time that 480-volt 
Emergency Bus #E64 may be less than fully energized.
    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

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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. The NRC 
staff has reviewed the licensee's analysis against the standards of 10 
CFR 50.92(c). The NRC staff's review is presented below.
    A. The changes do not involve a significant increase in the 
probability or consequences of an accident previously evaluated (10 CFR 
50.92(c)(1)) because, even with bus E64 inoperable, there remains 
redundant, operable equipment within the same Train which is capable of 
supporting continued plant operation. Bus E64 supplies electrical power 
to components associated with service water cooling tower loop Train B 
only. The inoperability of bus E64 does not affect any of the 
components associated with ocean service water loop Train B nor does it 
affect any Train A components. Thus, if bus E64 is inoperable, the 
Train B ocean service water loop remains operable and capable of 
providing cooling during normal and accident conditions in addition to 
the Train A ocean service water and cooling tower service water loops. 
Therefore, since the response of the plant to an accident is unchanged, 
the proposed changes will not result in a significant increase in 
either the probability or consequences of an accident previously 
evaluated.
    B. The changes do not create the possibility of a new or different 
kind of accident from any accident previously evaluated (10 CFR 
50.92(c)(2)) because the changes do not cause the associated 
structures, systems, or components to be operated outside their 
original design envelope. No changes are made to the design or manner 
of operation of structures, systems, or components, and no new failure 
mechanisms are introduced. The proposed changes merely make the allowed 
outage time for bus E64 equivalent to the allowed outage time for one 
service water cooling tower loop being inoperable.
    C. The changes do not involve a significant reduction in a margin 
of safety (10 CFR 50.92(c)(3)) because, even with bus E64 inoperable, 
there remains redundant, operable equipment within the same Train 
capable of supporting continued plant operation. The Bases for 
Technical Specification 3.8.3.1 states in part that the operability of 
the AC power sources and distribution systems ensures that sufficient 
power is available to supply safety-related equipment required for the 
safe shutdown of the facility, and the mitigation and control of 
accident conditions within the facility, and that the action 
requirements specified for the levels of degradation provide 
restriction for continued plant operation commensurate with the level 
of degradation. Therefore, the assumptions in the Bases of the 
Technical Specifications are not affected and the proposed changes will 
not result in a significant reduction in the margin of safety.
    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 July 26, 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 Exeter Public Library, Founders Park, 
Exeter, New Hampshire. 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

[[Page 33144]]

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 Phillip F. McKee: 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 Lillian M. Cuoco, 
Esquire, Northeast Utilities Service Company, Post Office Box 270, 
Hartford CT 06141-0270, 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 June 20, 1996, 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 Exeter Public Library, Founders Park, 
Exeter, New Hampshire.

    Dated at Rockville, Maryland, this 20th day of June 1996.

    For the Nuclear Regulatory Commission.
Albert W. De Agazio, Sr.
Project Manager, Northeast Utilities Project Directorate, Division of 
Reactor Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 96-16269 Filed 6-25-96; 8:45 am]
BILLING CODE 7590-01-P