# 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

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URL: https://www.frixlaw.com/law-library/documents/fr%3A94-21453

## Record

- **Collection:** Federal Register
- **Document type:** Uncategorized Document
- **Published:** August 31, 1994

## Text

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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-21453. Public record. Not legal advice.