[Federal Register Volume 65, Number 199 (Friday, October 13, 2000)]
[Notices]
[Pages 60984-60986]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-26340]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-361 and 50-362]
Southern California Edison Company; San Onofre Nuclear Generating
Station, Units 2 and 3; 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 amendments to Facility Operating License No.
NPF-10 and Facility Operating License No. NPF-15 for San Onofre Nuclear
Generating Station (SONGS), Units 2 and 3, respectively.
The proposed amendments would revise the SONGS Units 2 and 3
technical specifications (TSs) applicable in shutdown MODES relating to
positive reactivity additions. For a summary of specific proposed TS
changes, see Tables 1 and 2 of the licensee's application dated
September 22, 2000 (PCN-520). The licensee's proposal generally
conforms to industry Technical Specification Task Force (TSTF), TSTF-
286, Revision 2.
Before issuance of the proposed license amendments, 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
amendments 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 amendments 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 operation of the facility in accordance with this
proposed change involve a significant increase in the probability or
consequences of any accident previously evaluated?
Response: No.
The proposed change would revise 14 specific Limiting Conditions
For Operation (LCOs) of the Technical Specifications (TS) for San
Onofre Nuclear Generating Station Units 2 and 3 (SONGS 2 & 3) as
itemized in Table 1 [See application dated September 22,
[[Page 60985]]
2000]. The intent is to clarify those specifications involving
positive reactivity additions to the shutdown reactor so that small,
controlled, safe insertions of positive reactivity will be allowed
where they are now categorically prohibited, posing operational
difficulties. This amendment application conforms to TSTF-286
Revision 2 of the industry Technical Specification Task Force, with
the exception of the plant-specific differences identified in Table
2. The proposed change does not permit the shutdown margin required
by the TS to be reduced. While the proposed change will permit
reductions in the discretionary shutdown margin above the TS
requirements, this excess margin is not credited in the safety
analyses. Therefore, the probability or consequences of any accident
previously evaluated will not be significantly increased by the
proposed change.
2. Will operation of the facility in accordance with this
proposed change create the possibility of a new or different kind of
accident from any accident previously evaluated?
Response: No.
This amendment request allows for minor plant operational
perturbations without adversely impacting the safety analysis
required shutdown margin. It does not involve any change to plant
equipment or the shutdown margin requirements in the TS. Therefore,
it will not create the possibility of a new or different kind of
accident from any previously evaluated.
3. Will operation of the facility in accordance with this
proposed change involve a significant reduction in a margin of
safety?
Response: No.
This amendment request does not change the manner in which
safety limits or limiting safety settings are determined.
The proposed change will permit reductions in discretionary
shutdown margin, above the TS requirements, that are now prohibited.
However, the reductions are not deemed significant because the
shutdown margin required by the TS will be preserved.
Therefore, the proposed change will 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
amendments 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 amendments 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 amendments before the expiration
of the 30-day notice period, provided that its final determination is
that the amendments involve 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 November 13, 2000, the licensee may
file a request for a hearing with respect to issuance of the amendments
to the subject facility operating licenses 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, 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 amendments 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.
[[Page 60986]]
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 amendments request involves
no significant hazards consideration, the Commission may issue the
amendments and make them immediately effective, notwithstanding the
request for a hearing. Any hearing held would take place after issuance
of the amendments.
If the final determination is that the amendments request involves
a significant hazards consideration, any hearing held would take place
before the issuance of any amendments.
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
Douglas K. Porter, Esquire, Southern California Edison Company, 2244
Walnut Grove Avenue, Rosemead, California 91770, 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 amendments dated September 22, 2000 (ADAMS Accession
No. ML003753695), 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, 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 6th day of October 2000.
For the Nuclear Regulatory Commission.
L. Raghavan,
Senior Project Manager, Section 2, Project Directorate IV and
Decommissioning, Division of Licensing Project Management, Office of
Nuclear Reactor Regulation.
[FR Doc. 00-26340 Filed 10-12-00; 8:45 am]
BILLING CODE 7590-01-P