Northeast Nuclear Energy Company; Notice of 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. 50-423]

Northeast Nuclear Energy Company; 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-49, issued to Northeast Nuclear Energy Company (the licensee), for

operation of the Millstone Nuclear Power Station, Unit 3, located in

New London County, Connecticut.

The proposed amendment would grant a one-time change to the Action

Statement for Limiting Condition for Operation 3.7.5 of the Technical

Specifications. The amendment would permit Millstone Unit No. 3 to

remain in Modes 1, 2, 3, or 4 while the average water temperature of

the ultimate heat sink is greater than 75 deg.F for a 24 hour period

for the months of August and September 1994. Exigent action is

justified in order to permit the licensee to continue operations in the

above mentioned Modes.

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 consideration (SHC), which is

presented below:

1. Involve a significant increase in the probability or

consequences of an accident previously analyzed.

The proposed temporary change to the Action Statement of LCO 3.7.5

of the Millstone Unit No. 3 Technical Specifications will increase the

time the plant may be in Modes 1, 2, 3, or 4 with the average water

temperature of the ultimate heat sink greater than 75 deg.F from 6

hours to 24 hours. The proposed change does not involve an increase in

the probability of an accident previously analyzed. The probability of

an accident previously evaluated is not increased by a short term

increase in the ultimate heat sink average water temperature. The

probability of Condition IV accidents, as described in Chapter 15 of

the FSAR, occurring in conjunction with the short duration increase in

ultimate heat sink average water temperature above 75 deg.F is low

enough such that they are not risk significant. Further, an evaluation

has been performed that safe shutdown will be achieved and maintained

for a loss of offsite power and a steam generator tube rupture event

with the additional consideration of a single failure with ultimate

heat sink average water temperatures as high as 77 deg.F. There has

been no significant increase in the consequences of these previously

evaluated events.

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

from any previously analyzed.

The proposed temporary technical specification change does not

create the possibility of a new or different kind of accident

previously analyzed. The change increases the amount of time that is

allowed for the plant to be in hot standby should the ultimate heat

sink average water temperature increase above 75 deg.F from 6 to 24

hours. This extension of the time allowed for the plant to be in hot

standby does not change the plant configuration. As such, the change

does not create the possibility of a new or different kind of accident

previously evaluated.

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

The proposed technical specification change does not involve a

significant reduction in the margin of safety. The proposed change

increases the time required for the plant to be in hot standby from 6

to 24 hours should the ultimate heat sink average water temperature

exceed 75 deg.F. An evaluation has been performed to demonstrate that

the risk significance associated with the increased action time is very

low. In addition, safe shutdown capability has been demonstrated for

ultimate heat sink average water temperatures as high as 77 deg.F.

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

Services, 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 September 29, 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 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, 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 Stolz: 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 Ms. L. M.

Cuoco, Senior Nuclear Counsel, Northeast Utilities Service Company,

Post Office Box 270, Hartford, Connecticut 06141-0270, 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 19, 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 25th day of August 1994.

For the Nuclear Regulatory Commission.

Vernon L. Rooney,

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

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

[FR Doc. 94-21453 Filed 8-30-94; 8:45 am]

BILLING CODE 7590-01-M