Northeast Nuclear Energy Company; Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing

NUCLEAR REGULATORY COMMISSION

[Docket No. 50-336]

Northeast Nuclear Energy Company; 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-21, issued to the Northeast Nuclear Energy Company (NNECO/the

Licensee), for operation of the Millstone Nuclear Power Station, Unit

No. 2, located in New London County, Connecticut.

The proposed amendment would revise the Technical Specifications

(TS) to change the Administrative Controls section to require an

individual who serves as the Operations Manager to either hold a

Millstone Unit 2 senior reactor operator (SRO) license or have an SRO

license at another pressurized water reactor (PWR). If the Operating

Manager does not hold a Millstone Unit 2 SRO license, then an

individual serving as the Assistant Operations Manager would be

required to possess an SRO license at Millstone Unit 2.

The proposed change would permit Millstone Unit 2 to accelerate

efforts to strengthen the Millstone Unit 2 Operations Department.

Exigent action is justified in order to permit the licensee to proceed

with their efforts to strengthen the Millstone Unit 2 Operations

Department in a prompt and decisive manner.

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.

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

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 (SHC) consideration, which is

presented below:

The proposed changes do not involve a SHC because the changes would

not:

1. Involve a significant increase in the probability or

consequences of an accident previously evaluated.

The proposed change affects an administrative control, which was

based on the guidance of ANSI N18.1-1971. ANSI N18.1-1971 recommended

that the Operations Manager hold an SRO license. The current guidance

in Section 4.2.2 of ANSI/ANS-3.1-1987 recommends, as one option, that

the Operations Manager have held a license for a similar unit and the

Operations Middle Manager hold an SRO license. While the Operations

Middle Manager position does not exist at Millstone Unit No. 2, we are

proposing to create the position of Assistant Operations Manager

(staffed by an individual with an SRO license at Millstone Unit No. 2).

This individual will be required to meet the requirements for, and will

have responsibilities as recommended in ANSI/ANS-3.1-1987 for the

Operations Middle Manager position.

Therefore, the proposed change requests an exception to ANSI N18.1-

1971 to allow use of ANSI/ANS-3.1-1987 in a limited circumstance.

Specifically, the proposed revision to Technical Specification 6.3.1

would require the Operations Manager to either hold an SRO license at

Millstone Unit No. 2 or have held an SRO at a PWR other than Millstone

Unit No. 2.

If the Operations Manager does not hold an SRO license at Millstone

Unit No. 2, the proposal will require the Assistant Operations Manager

to hold, and continue to hold, an SRO license. The proposed change

includes the requirement to have held a license for a similar unit (a

PWR) in accordance with Section 4.2.2 of ANSI/ANS-3.1-1987, if the

Operations Manager does not hold an SRO license at Millstone Unit No.

2. For those areas of knowledge that require an SRO license, the

Assistant Operations Manager will hold an SRO license and provide

technical guidance normally required by the Operations Manager.

The proposed change does not alter the design of any system,

structure, or component, nor does it change the way plant systems are

operated. It does not reduce the knowledge, qualifications, or skills

of licensed operators, and does not affect the way the Operations

Department is managed by the Operations Manager. The Operations Manager

will continue to maintain the effective performance of his personnel

and ensure the plant is operated safely and in accordance with the

requirements of the operating license. Additionally, the Control Room

operators will continue to be supervised by the licensed Shift

Supervisors.

The proposed change does not detract from the Operations Manager's

ability to perform his primary responsibilities. In this case, by

having previously held an SRO license for a similar unit, he has

achieved the necessary training, skills, and experience to fully

understand the operation of plant equipment and the watch requirements

for operators.

In summary, the proposed change does not affect the ability of the

Operations Manager to provide the plant oversight required of his

position. Thus, it does not involve a significant increase in the

probability or consequences of an accident previously evaluated.

2. Create the possibility of a new or different kind of accident

from any previously evaluated.

The proposed change to Technical Specification 6.3.1 does not

affect the design or function of any plant system, structure, or

component, nor does it change the way plant systems are operated. It

does not affect the performance of NRC licensed operators. Operation of

the plant in conformance with technical specifications and other

license requirements will continue to be supervised by personnel who

hold an NRC SRO license. The proposed change to Technical Specification

6.3.1 ensures that the Operations Manager will be a knowledgeable and

qualified individual by requiring the individual to have held an SRO

license at a PWR. Based on the above, the proposed change does not

create the possibility of a new or different kind of accident from any

previously evaluated.

3. Involve a significant reduction in a margin of safety.

The proposed change involves an administrative control which is not

related to the margin of safety as defined in the technical

specifications. The proposed change does not reduce the level of

knowledge or experience required of an individual who fills the

Operations Manager position, nor does it affect the conservative manner

in which the plant is operated. The Control Room operators will

continue to be supervised by personnel who hold an SRO license. Thus,

the proposed 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 15 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 15-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 15-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 Rules Review and

Directives Branch, Division of Freedom of Information and Publications

Service, Office of Administration, U.S. Nuclear Regulatory Commission,

Washington, DC 20555, and should cite the publication date and page

number of this Federal Register notice. Written comments may also be

delivered to Room 6D22, 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

20555.

The filing of requests for hearing and petitions for leave to

intervene is discussed below.

By August 8, 1994, 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 20555 and at the local

public document room located at the Learning Resource Center, Three

Rivers Community-Technical College, Thames Valley Campus, 574 New

London Turnpike, Norwich, Connecticut 06360. 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 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 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, Attention: Docketing and Services

Branch, or may be delivered to the Commission's Public Document Room,

the Gelman Building, 2120 L Street, NW., Washington, DC 20555, by the

above date. Where petitions are filed during the last 10 days of the

notice period, it is requested that the petitioner promptly so inform

the Commission by a toll-free telephone call to Western Union at 1-

(800) 248-5100 (in Missouri 1-(800) 342-6700). The Western Union

operator should be given Datagram Identification Number N1023 and the

following message addressed to John F. Stolz, Director, Project

Directorate I-4: petitioner's name and telephone number, date petition

was mailed, plant name, and publication date and page number of this

Federal Register notice. A copy of the petition should also be sent to

the Office of the General Counsel, U.S. Nuclear Regulatory Commission,

Washington, DC 20555, and to Gerald Garfield, Esquire, Day, Berry &

Howard, City Place, Hartford, Connecticut 06103-3499, 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 24, 1994, which is available for

public inspection at the Commission's Public Document Room, the Gelman

Building, 2120 L Street, NW., Washington, DC 20555, and at the local

public document room, located at the Learning Resource Center, Three

Rivers Community-Technical College, Thames Valley Campus, 574 New

London Turnpike, Norwich, Connecticut 06360.

Dated at Rockville, Maryland, this 29th day of June 1994.

For the Nuclear Regulatory Commission.

Guy S. Vissing,

Senior Project Manager, Project Directorate I-4, Division of Reactor

Projects--I/II, Office of Nuclear Reactor Regulation.

[FR Doc. 94-16445 Filed 7-6-94; 8:45 am]

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