Power Authority of the State of New York; Consideration of Issuance of Amendments to Facility Operating Licenses, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing

NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-286 and 50-333]

Power Authority of the State of New York; Consideration of

Issuance of Amendments to Facility Operating Licenses, 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 Licenses Nos.

DRP-64 and DPR-59, issued to the Power Authority of the State of New

York (the licensee), for operation of the Indian Point Nuclear

Generating Unit No. 3 (Indian Point 3) located in Westchester County,

New York, and the James A. FitzPatrick Nuclear Power Plant

(FitzPatrick) located in Oswego County, New York, respectively.

The proposed amendments would revise Section 6.0 (Administrative

Controls) of the Technical Specifications of both facilities to

reflect, in part, licensee management changes. Specifically, the title

of Executive Vice President--Nuclear Generation is being changed to

Executive Vice President and Chief Nuclear Officer and a new position,

Vice President Regulatory Affairs and Special Projects, which will

report to the Executive Vice President and Chief Nuclear Officer, is

being established. In addition, the list of Safety Review Committee

(SRC) members is being deleted and replaced with a description of SRC

membership requirements, including individual qualifications. Each SRC

member, including the alternates, will have to be approved by the

Executive Vice President and Chief Nuclear Officer.

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 amendment

request involves no significant hazards consideration. Under the

Commission's regulations in 10 CFR 50.92, this means that operation of

the facilities 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:

Operation of the FitzPatrick and Indian Point 3 nuclear power

plants in accordance with the proposed amendment[s] would not

involve a significant hazards consideration as defined in 10 CFR

50.92, since it would not:

1. Involve a significant increase in the probability or

consequences of an accident previously evaluated. The proposed

change is purely administrative and does not involve plant equipment

or operating parameters. There is no change to any accident analysis

assumptions or other conditions which could effect previously

evaluated accidents. The proposed change will not decrease the

effectiveness of the organization's ability to respond to a design

basis accident.

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

from those previously evaluated. Since the proposed change is

administrative in nature and does not involve hardware design or

operation, it cannot create the possibility of a new or different

kind of accident.

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

authority and responsibilities of the Resident Managers and the

Executive Vice President and Chief Nuclear Officer with respect to

the safe operation and maintenance of the FitzPatrick and Indian

Point 3 nuclear plant are not being reduced or otherwise changed.

The proposed changes do not reduce the effectiveness of the SRC

as an oversight committee.

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 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 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

facilities, 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 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 October 31, 1994, 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, the Gelman

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

public document rooms located at the White Plains Public Library, 100

Martine Avenue, White Plains, New York 10601 and the Penfield Library,

State University of New York, Oswego, New York 13126. 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. The 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 which 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

amendments and make it 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 amendment 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, 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 Michael J. Case: 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 Mr. Charles

M. Pratt, 10 Columbus Circle, New York, New York 10019, 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 16, 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 rooms located at the White Plains Public Library,

100 Martine Avenue, White Plains, New York 10601 and the Penfield

Library, State University of New York, Oswego, New York 13126.

Dated at Rockville, Maryland this 23rd day of September 1994.

For the Nuclear Regulatory Commission.

Michael J. Case,

Acting Director, Project Directorate I-1, Division of Reactor

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

[FR Doc. 94-24212 Filed 9-29-94; 8:45 am]

BILLING CODE 7590-01-M