[Federal Register Volume 67, Number 194 (Monday, October 7, 2002)]
[Notices]
[Pages 62500-62501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-25386]
[[Page 62500]]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-247]
Entergy Nuclear Operations, Inc.; 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-26 issued to Entergy Nuclear Operations, Inc. (the licensee) for
operation of the Indian Point Nuclear Generating Unit No. 2 (IP2)
located in Westchester County, New York.
The proposed amendment would revise Technical Specification (TS)
3.10.4, ``Rod Insertion Limits,'' TS 3.10.5, ``Rod Misalignment
Limitations,'' and TS 3.10.6, ``Inoperable Rod Position Indicator
Channels.'' The proposed amendment would remove the cycle-specific
allowances on (1) rod insertion limits during individual rod position
indicator channel calibrations and (2) rod position indicator channel
accuracy for operation at or below 50 percent power. The proposed
amendment also would revise the control rod indicated misalignment
limits.
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 Title 10 of the Code of Federal Regulations
(10 CFR), Sec. 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 magnitude of control rod misalignment, allowed by the
proposed changes to TS Section 3.10.5, is not a contributor to the
mechanistic cause of an accident previously evaluated in the UFSAR
[Updated Final Safety Analysis Report]. The functions of the Control
Rod Drive System or the Analog Rod Position Indicator System are not
being altered by the proposed changes. Therefore, the proposed
increase in control rod misalignment will not result in an increase
in the probability of a previously evaluated accident.
The bounding design limitations of these systems will continue
to be met and the integrity of the fuel cladding and the reactor
coolant system pressure boundary will not be challenged by the
proposed changes. The initial conditions and input assumptions
employed in the calculation of the offsite radiological doses will
remain valid. Therefore, the consequences of a previously evaluated
accident will not be increased.
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 pertinent licensing basis acceptance criteria will continue
to be met and the margin of safety defined in the TS Bases will not
be reduced in the IP2 licensing basis accident analyses. The
magnitude of the allowed control rod misalignment is not a
contributor to the mechanistic cause of any known accident and the
functions of the Control Rod Drive System or the Analog Rod Position
Indicator System are not being altered. Therefore, a new or
different kind of an accident than any previously evaluated, will
not be created.
3. Operation of the facility in accordance with the proposed
amendment would not involve a significant reduction in [a] margin of
safety.
Based on the changes to safety analyses input parameter values,
the pertinent licensing basis acceptance criteria will continue to
be met and the margin of safety, defined in the TS Bases, will not
be reduced in the IP2 licensing basis accident analyses. Therefore,
the proposed change will 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. 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 6, 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,\1\
[[Page 62501]]
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/reading-rm/doc-collections/cfr/. 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 [email protected]. 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.
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\1\ The most recent version of Title 10 of the Code of Federal
Regulations, published January 1, 2002, inadvertently omitted the
last sentence of 10 CFR 2.714(d) and subparagraphs (d)(1) and (2),
regarding petitions to intervene and contentions. Those provisions
are extant and still applicable to petitions to intervene. Those
provisions are as follows: ``In all other circumstances, such ruling
body or officer shall, in ruling on--
(1) A petition for leave to intervene or a request for hearing,
consider the following factors, among other things:
(i) The nature of the petitioner's right under the Act to be
made a party to the proceeding.
(ii) The nature and extent of the petitioner's property,
financial, or other interest in the proceeding.
(iii) The possible effect of any order that may be entered in
the proceeding on the petitioner's interest.
(2) The admissibility of a contention, refuse to admit a
contention if:
(i) The contention and supporting material fail to satisfy the
requirements of paragraph (b)(2) of this section; or
(ii) The contention, if proven, would be of no consequence in
the proceeding because it would not entitle petitioner to relief.''
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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 (PDR), located at One White Flint North, 11555 Rockville
Pike (first floor), Rockville, Maryland, by the above date. Because of
the continuing disruptions in delivery of mail to United States
Government offices, it is requested that petitions for leave to
intervene and requests for hearing be transmitted to the Secretary of
the Commission either by means of facsimile transmission to 301-415-
1101 or by e-mail to [email protected]. A copy of the petition for
leave to intervene and request for hearing should also be sent to the
Office of the General Counsel, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, and because of continuing disruptions in
delivery of mail to United States Government offices, it is requested
that copies be transmitted either by means of facsimile transmission to
301-415-3725 or by e-mail to [email protected]. A copy of the
request for hearing and petition for leave to intervene should also be
sent to [insert attorney name and address], 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 [date], which is available for public
inspection at the Commission's PDR, 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 System's (ADAMS) Public Electronic Reading Room
on the Internet at the NRC Web site, http://www.nrc.gov/reading-rm/adams.html. Persons who do not have access to ADAMS or who encounter
problems in accessing the documents located in ADAMS, should contact
the NRC PDR Reference staff by telephone at 1-800-397-4209, 301-415-
4737, or by e-mail to [email protected].
Dated at Rockville, Maryland, this 1st day of October 2002.
For the Nuclear Regulatory Commission.
Patrick D. Milano,
Senior Project Manager, Section 1, Project Directorate I, Division of
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 02-25386 Filed 10-4-02; 8:45 am]
BILLING CODE 7590-01-P