# Public Service Electric and Gas 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%3A96-15988

## Record

- **Collection:** Federal Register
- **Document type:** Notice
- **Published:** June 24, 1996
- **Citation:** 61 FR 32468

## Text

NUCLEAR REGULATORY COMMISSION
Docket Nos. 50-272 and 50-311]

Public Service Electric and Gas 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 Nos.
DPR-70 and DPR-75 issued to Public Service Electric & Gas Company (the
licensee) for operation of Salem Nuclear Generating Station, Units 1
and 2, located in Salem County, New Jersey.
The proposed amendments would revise Technical Specification 3/
4.7.6, ``Control Room Emergency Air Conditioning System [CREACS],'' to
reflect a control room design in which the common Salem Unit 1 and Unit
2 control room envelope is supplied by 2 one-hundred percent capable
Control Room Emergency Air Conditioning System trains.
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 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, which is presented
below:

1. The proposed change does not involve a significant increase
in the probability or consequences of an accident previously
evaluated.
CREACS ensures adequate protection after an accident and is not
an accident initiator. The changes to the emergency operating mode
and configuration of the CREACS, while modifying the control room
dose assessment, do not affect the probability of an accident.
The proposed operation of the CREACS in the pressurization mode
at the initiation of an accident will reduce overall operator doses
from such an event and will ensure that the requirements of General
Design Criterion (GDC) 19 will be met. Operation in the
recirculation mode to mitigate the consequences of a fire or a toxic
release, if necessary, or as a compensatory measure when receiving
ammonium hydroxide does not significantly increase the consequences
of other accidents due to the short duration of these events, the
ability to re-align the system to the pressurization mode manually,
and the suspension of Core Alterations or fuel movement.
The CREACS as modified satisfies [technical specification] TS
Bases 3.7.6. The CREACS ensures that (1) the ambient air temperature
does not exceed the allowable temperature for continuous duty rating
for equipment and instrumentation cooled by the CREACS and (2) the
Control Room will remain habitable for operations personnel during
and following all credible accident conditions.
The proposed changes reflect the commonality of the Salem Unit 1
and Unit 2 [common room envelope] CRE and the supporting CREACS
trains by adopting the guidance for required actions, allowed outage
times, and testing provided in the [Standard Technical
Specification] STS.
Therefore, the proposed TS change does not involve a significant
increase in the probability or consequences of an accident
previously evaluated.
2. The proposed change does not create the possibility of a new
or different kind of accident from any accident previously
evaluated.
The establishment of the CREACS as a shared system for both
Units 1 and 2 will not result in a new accident release scenario.
The upgraded CREACS reflected by this submittal revises the
emergency operating mode from the original recirculation mode to a
pressurization mode in the event of a radiological emergency. This
change in CREACS operating philosophy is in support of compliance
with the limits of GDC 19. Modifications to the Salem control rooms
regarding the controlled atmospheric boundary configuration and how
the configuration is maintained cannot result in new accident
scenarios.
Therefore, the proposed TS change does not create the
possibility of a new or different kind of accident from any accident
previously evaluated.
3. The proposed change does not involve a significant reduction
in a margin of safety.
The proposed changes support modifications to the CREACS as part
of corrective actions identified in Licensee Event Reports with the
intent of compliance with General Design Criterion 19 limits. The
changes do no[t] impact the existing safety analyses while retaining
and meeting current requirements and General Design Criteria
limitations and gaining a redundancy in the affected system. The
modified CREACS meets the TS Bases 3.7.6 requirements. CREACS
ensures that (1) the ambient air temperature does not exceed the
allowable temperature for continuous duty rating for equipment and
instrumentation cooled by the CREACS and (2) the Control Room will
remain habitable for operations personnel during and following all
credible accident conditions. This clarification of the CREACS
operability requirements and the application of more conservative
requirements to Unit 1 will result in a net increase to operator
safety.
Therefore, the proposed TS change does not involve a significant
reduction in the 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

[[Page 32469]]

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 Rules Review and
Directives Branch, Division of Freedom of Information and Publications
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 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.
The filing of requests for hearing and petitions for leave to
intervene is discussed below.
By July 24, 1996, 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, and at the local public
document room located at the Salem Free Public Library, 112 West
Broadway, Salem, New Jersey. 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. 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: Docketing and
Services Branch, or may be delivered to the Commission's Public
Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC,
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: 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 20555-0001, and to Mark
J. Wetterhahn, Esquire, Winston and Strawn, 1400 L Street, NW.,
Washington, DC 20005-3502, attorney for the licensee.
Nontimely filings of petitions for leave to intervene, amended
petitions, supplemental petitions and/or requests

[[Page 32470]]

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 10, 1996, which is available for
public inspection at the Commission's Public Document Room, the Gelman
Building, 2120 L Street, NW., Washington, DC, and at the local public
document room located at the Salem Free Public Library, 112 West
Broadway, Salem, New Jersey.

Dated at Rockville, Maryland, this 18th day of June 1996.

For the Nuclear Regulatory Commission.
Leonard N. Olshan,
Project Manager, Project Directorate I-2, Division of Reactor
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 96-15988 Filed 6-21-96; 8:45 am]
BILLING CODE 7590-01-P

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A96-15988. Public record. Not legal advice.