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###### Nuclear Regulatory Commission

          - [Docket No. 50-219] 

The U.S. Nuclear Regulatory Commission (the Commission) is considering issuance of an amendment to Facility Operating License No. DPR-16 issued to AmerGen Energy Company, LLC (the licensee) for operation of the Oyster Creek Nuclear Generating Station located in Ocean County, New Jersey. 

The proposed license amendment request is to revise Technical Specification (TS) 3.5.A.5.b to change the number of allowed inoperable suppression chamber to drywell vacuum breakers from two to five. This change decreases the required number of operable vacuum breakers for opening from twelve to nine. 

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. Operation of the facility in accordance with the proposed amendment would not involve a significant increase in the probability or consequences of an accident previously evaluated. 

The proposed change reduces the number of vacuum breakers required to be operable from twelve to nine, allows continued operation for 72 hours with one required vacuum breaker inoperable, and allows a vacuum breaker to remain operable with one position alarm circuit inoperable. The proposed change does not increase the probability of an accident. The number of vacuum breakers required to be operable is not assumed to be an accident initator of any analyzed event. 

[...] The change does not allow continuous operation with only eight vacuum breakers operable. Therefore, the consequences of an accident are not increased. This change does not alter assumptions relative to the mitigation of an accident or transient event. The position alarm circuits only provide indication of valve position prior to an event and do not perform any accident mitigation functions. Additional surveillance of an operable vacuum breaker with an inoperable position alarm circuit will provide adequate assurance of vacuum breaker status and operability of the remaining redundant position alarm circuit. 

Therefore, this change does not involve a significant increase in the probability or consequences of an accident previously evaluated. 

2. Operation of the facility in accordance with the proposed amendment would not create the possibility of a new or different kind of accident from any accident previously evaluated. 

The proposed change reduces the number of vacuum breakers required to be operable from twelve to nine, allows continued operation for 72 hours with one required vacuum breaker inoperable, and allows a vacuum breaker to remain operable with one position alarm circuit inoperable. This change will not physically alter the plant since [because] no new or different type of equipment will be installed. The change in analytical methods used to establish the proposed Technical Specification limits for normal plant operation preserves the current safety analysis assumptions and acceptable criteria. The proposed 72 hour allowed outage time for a required operable vacuum breaker is consistent with NRC Standard Technical Specifications, NUREG-1433, and is considered acceptable due to the low probability of an event in which the remaining vacuum breaker capability would not be adequate assuming a single failure to open. Additional surveillance of an operable vacuum breaker with an inoperable position alarm circuit will provide adequate assurance of vacuum breaker status and operability of the remaining redundant position alarm circuit. 

Therefore, this change does not create the possibility of a new or different kind of accident from any accident previously evaluated. 

3. Operation of the facility in accordance with the proposed amendment would not involve a significant reduction in a margin of safety. 

This proposed change reduces the number of vacuum breakers required to be operable from twelve to nine, allows continued operation for 72 hours with one required vacuum breaker inoperable, and allows a vacuum breaker to remain operable with one position alarm circuit inoperable. Reducing the number of required vacuum breakers from twelve to nine is consistent with the analysis that shows eight vacuum breakers are sufficient to maintain containment differential pressures and downcomer water column height below acceptable limits. Therefore, the margin of safety is not affected. The safety analysis assumptions and acceptance criteria are maintained. In addition, with one required vacuum breaker inoperable for 72 hours, the margin of safety is not significantly reduced considering the remaining vacuum breakers are still available and sufficient to mitigate an event, and the low probability of an accident occurring during this time period requiring vacuum breaker operation. Additional surveillance of an operable vacuum breaker with an inoperable position alarm circuit will provide adequate assurance of vacuum breaker status and operability of the remaining redundant position alarm circuit. 

Therefore, the proposed change does not involve a significant reduction in a 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                           ( print page 65750)                        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. Documents may be examined, and/or copied for a fee, at the NRC's Public Document Room, located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland.                 

The filing of requests for hearing and petitions for leave to intervene is discussed below. 

                    By January 22, 2002, 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, located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland, or electronically on the Internet at the NRC Web site                     *http://www.nrc.gov/​NRC/​CFR/​index.html.*                     If there are problems in accessing the document, contact the Public Document Room Reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to pdr@nrc.gov. 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 20555-0001, Attention: Rulemakings and Adjudications Staff, or may be delivered to the Commission's Public Document Room, located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland, 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 Kevin P. Gallen, Morgan, Lewis & Bockius, LLP, 1800 M Street, NW., Washington, DC 20036-5869, 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                           ( print page 65751)                        balancing of the factors specified in 10 CFR 2.714(a)(1)(i)-(v) and 2.714(d).                 

                    Further details with respect to this action, see the application for amendment dated September 19, 2001, which is available for public inspection at the Commission's Public Document Room, located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible from the Agencywide Documents Access and Management Systems (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site,                     *http://www.nrc.gov/​NRC/​ADAMS/​index.html.*                     Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS, should contact the NRC Public Document Room Reference staff by telephone at 1-800-397-4209, 301-415-4737 or by e-mail to pdr@nrc.gov.                 

Dated at Rockville, Maryland, this 13th day of December 2001. 

For the Nuclear Regulatory Commission. 

Helen N. Pastis, 

Senior Project Manager, Section 1, Project Directorate I, Division of Licensing Project Management, Office of Nuclear Reactor Regulation. 

[FR Doc. 01-31333 Filed 12-19-01; 8:45 am] 

BILLING CODE 7590-01-P