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

NUCLEAR REGULATORY COMMISSION

[Docket No. 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 No.

DPR-75 issued to Public Service Electric & Gas Company (the licensee)

for operation of Salem Nuclear Generating Station, Unit 2, located in

Salem County, New Jersey.

The proposed amendment would revise Technical Specification (TS)3/

4.7.7, ``Auxiliary Building Exhaust Air Filtration System,'' and add a

new TS Section 3/4.7.11, ``Switchgear and Penetration Area Ventilation

System.'' The change to TS 3/4.7.7 would allow for an increase in the

allowed outage time from 7 to 14 days when one auxiliary building

exhaust fan is inoperable. The new TS 3/4.7.11 addresses the support

function this system provides to other necessary safety support

components.

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.

The proposed changes for TS 3/4.7.7 involve changes to Action

time periods. TS section 3/4.7.11 is newly created to address the

importance of the SPAV [switchgear and penetration area ventilation]

system in ensuring proper temperature control for the areas that it

serves. Actions are prescribed to ensure remedial measures are

performed under certain conditions. The proposed AOT's have been

evaluated and are commensurate with the safety significance based

upon PSA [probabilistic safety assessment] calculations using

industry recognized methods. The Auxiliary Building Exhaust Air

Filtration and Switchgear and Penetration Area Ventilation systems

(herein referred to as ``the subject HVAC [heating, ventilation, and

air conditioning] systems'') are support systems providing cooling

to their associated supply areas. The subject HVAC systems are not

accident initiators of any accidents evaluated in the Safety

Analysis Report. No physical changes to the subject HVAC systems

result from the proposed TS changes.

Therefore, the proposed changes do not significantly increase

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 proposed changes do not involve any modification or changes

to the mode of operation of the subject HVAC systems. It does not

change the basic way in which the subject HVAC systems are operated.

By maintaining the equipment or components required in the proposed

changes adequate cooling is assured to the areas served by the

subject HVAC systems.

Therefore, the change will 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 subject HVAC systems are support systems which provide area

cooling. The proposed changes do not involve any modification to the

subject HVAC systems or changes to the mode of operation of the

systems. The proposed changes to TS establish controls to better

ensure the subject HVAC systems will be able to perform their

intended design function and ensures that the safety functions of

support equipment are maintained.

The proposed changes establish AOT's for the SPAV system and

modify the exhaust fan AOT for the Auxiliary Building Exhaust

Filtration system, but do not affect the operation of the subject

HVAC systems, and thus 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 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 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

[[Page 26827]]

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 June 16, 1997, 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 08079. 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, Director, Project

Directorate I-2, 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 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 May 1, 1997, 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 08079.

Dated at Rockville, Maryland, this 9th day of May 1997.

[[Page 26828]]

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. 97-12739 Filed 5-14-97; 8:45 am]

BILLING CODE 7590-01-P