[Federal Register Volume 65, Number 185 (Friday, September 22, 2000)]
[Notices]
[Pages 57406-57407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-24441]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-219]
AmerGen Energy Company, LLC; 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-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 amendment would revise the Technical Specifications
(TSs) to establish that the existing Safety Limit Minimum Critical
Power Ratio (SLMCPR) contained in TS 2.1.A is applicable for the next
operating cycle (Cycle 18).
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. The proposed TS change does not involve a significant
increase in the probability or consequences of an accident
previously evaluated.
The derivation of the Cycle 18 SLMCPR for Oyster Creek for
incorporation into the TS, and its use to determine cycle-specific
thermal limits, has been performed using NRC-approved methods.
Additionally, interim implementing procedures, which incorporate
cycle-specific parameters, have been used. Based on the use of these
calculations, the Cycle 18 SLMCPR of 1.09 will not increase the
probability or consequences of an accident.
The basis of the MCPR Safety Limit calculation is to ensure that
greater than 99.9% of all fuel rods in the core avoid transition
boiling if the limit is not violated. A SLMCPR of 1.09 preserves
adequate margin to transition boiling and fuel damage in the event
of a postulated accident. The probability of fuel damage is not
increased.
Therefore, the proposed TS change does not involve an increase
in the probability or consequences of an accident previously
evaluated.
2. The proposed TS change does not create the possibility of a
new or different kind of accident from any accident previously
evaluated.
The MCPR Safety Limit is a Technical Specification numerical
value designed to ensure that fuel damage from transition boiling
does not occur as a result of the limiting postulated accident. The
limit cannot create the possibility of any new type of accident. The
Cycle 18 SLMCPR has been calculated using NRC-approved methods.
Additionally, interim procedures, which incorporate cycle-specific
parameters, have been used. Therefore, the proposed TS change does
not create the possibility of a new or different kind of accident,
from any accident previously evaluated.
3. The proposed TS change does not involve a significant
reduction in a margin of safety.
The margin of safety as defined in the TS Bases will remain the
same. The Cycle 18 SLMCPR is calculated using NRC-approved methods,
which are in accordance with the current fuel design and licensing
criteria. Additionally, interim implementing procedures, which
incorporate cycle-specific parameters, have been used. The MCPR
Safety Limit remains high enough to ensure that greater that 99.9%
of all fuel rods in the core will avoid transition boiling if the
limit is not violated, thereby preserving fuel cladding integrity.
Therefore, the proposed TS change does not involve a 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 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. 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 23, 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
[[Page 57407]]
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 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, 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 Kevin P. Gallen, Esquire, 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 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 30, 2000, which is 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 18th day of September 2000.
For the Nuclear Regulatory Commission.
Helen N. Pastis,
Senior Project Manager, Section 1, Project Directorate 1, Division of
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 00-24441 Filed 9-21-00; 8:45 am]
BILLING CODE 7590-01-P