[Federal Register Volume 65, Number 179 (Thursday, September 14, 2000)]
[Notices]
[Pages 55650-55652]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-23605]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-333]


Power Authority of the State of New York, 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-59, issued to the Power Authority of the State of New York, (the 
licensee), for operation of the James A. FitzPatrick Nuclear Power 
Plant, (FitzPatrick), located in Oswego County, New York.
    The proposed amendment would incorporate the additional provisions 
of analogous Boiling-Water Reactor Technical Specifications Limiting 
Condition for Operation 3.04 and Surveillance Requirements 3.04 into 
Technical Specification 3.0.D and 4.0.D respectively. (The Boiling-
Water Reactor Technical Specification was adopted in the licensee's 
request for converting the Current Technical Specifications to the 
Improved Standard Technical Specifications by letter dated March 31, 
1999, and was noticed in the Federal Register (64 FR 66509)). The 
proposed amendment would permit proceeding from the run mode through 
the startup mode to the shutdown mode without the conditions of TSs 
3.0.D and 4.0.D being met, a condition already permitted if required to 
comply with an Action requirement.
    The exigent need for the proposed amendment to the TSs was the 
result of not having immediate availability of testing equipment needed 
to calibrate instruments that were required to be operable in the 
startup mode. Delaying the calibration of the instrumentation until the 
calibration equipment was made available would require several hours. 
It was considered undesirable to delay transitioning from the run mode 
to the startup mode because (1) it was desirable to transition from the 
run mode to the startup mode as expeditiously as possible because the 
time to complete failure of the electro-hydraulic control system (EHC) 
hydraulic control oil pressure boundary was unknown, and (2) manually 
scramming the reactor would adversely

[[Page 55651]]

affect the degraded EHC system and therefore pose a significant 
challenge to the main condenser as a heat sink.
    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 Commissions 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 
Commissions 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. The proposed change will not involve a significant increase 
in the probability or consequences of an accident previously 
evaluated.
    The proposed changes to the TS would permit proceeding from the 
Run Mode through the Startup Mode to the Shutdown Mode without the 
conditions of CTS [Current Technical Specifications] 3.0.D and 4.0.D 
being met, a condition already permitted if required to comply with 
an Action requirement. The proposed changes do not introduce a new 
condition or set of circumstances, they merely expand the 
applicability of existing TS provisions to cover unplanned shutdowns 
where continued operation would be imprudent, and where unnecessary 
transients associated with shutdown by manual scram can be avoided. 
As such, the proposed changes do not introduce new conditions and 
therefore, will not increase the probability or consequences of any 
previously evaluated accidents.
    2. The proposed change will not create the possibility of a new 
or different kind of accident.
    The proposed changes to the TS permit proceeding from the Run 
Mode through the Startup Mode to the Shutdown Mode without the 
conditions of CTS 3.0.D and 4.0.D being met, a condition already 
permitted if required to comply with an Action requirement. Since 
this condition is already permitted by TS, the proposed TS change 
cannot create the possibility of a new or different kind of 
accident.
    Therefore, the proposed TS changes do not create the possibility 
of a new or different kind of accident from any accident previously 
evaluated.
    3. The proposed change will not involve a significant reduction 
in a margin of safety.
    The proposed changes to the TS do not introduce any new 
conditions for plant operation. By extending the existing Action 
requirement exception to CTS 3.0.D and 4.0.D to include plant 
shutdowns, prudent action to conduct an expeditious, controlled 
shutdown is permitted where appropriate. Such action reduces the 
potential of unplanned plant transients and reduces challenges to 
automatic initiation of safety systems.
    Therefore, the proposed TS changes do 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 
determination. Any comments received within 14 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 14-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 14-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 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. 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 October 16, 2000, 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 accessible 
electronically through the ADAMS Public Electronic Reading Room link at 
the NRC Web site (http://www.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 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

[[Page 55652]]

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 20555-0001, Attention: Rulemakings and 
Adjudications Staff, or may be delivered to the Commission's Public 
Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC, 
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 Mr. David E. Blabey, 1633 Broadway, 
New York, New York 10019, 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 August 29, 2000, as supplemented 
September 8, 2000, which are available for public inspection at the 
Commission's Public Document Room, the Gelman Building, 2120 L Street, 
NW., Washington, DC, and accessible electronically through the ADAMS 
Public Electronic Reading Room link at the NRC Web site (http://www.nrc.gov).

    Dated at Rockville, Maryland, this 11th day of September 2000.

    For the Nuclear Regulatory Commission.
Guy S. Vissing,
Senior Project Manager, Section 1, Project Directorate I, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 00-23605 Filed 9-13-00; 8:45 am]
BILLING CODE 7590-01-P