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 Millstone Nuclear Power Station, Unit 3, located in New

London County, Connecticut.

The latest Millstone Unit No. 3 steam generator tube inspection

began on September 24, 1996, and was complete on October 1, 1996. The

inspection results placed the steam generators in category C-2.

Technical Specification Surveillance 4.4.5.3.a establishes an allowable

inspection interval of 24 calendar months. Without an extension of the

interval, Millstone Unit No. 3 must shut down prior to September 24,

1998. This proposed amendment would request a one-time extension to the

surveillance interval until the next refueling outage.

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:

The proposed revision does not involve a [significant hazards

consideration] because the revision would not:

1. Involve a significant increase in the probability or

consequence of an accident previously evaluated.

This proposed revision to Technical Specification 4.4.5.3.a for

a one time extension to the surveillance interval until the next

refueling outage will not increase the potential to impact steam

generator tube integrity by allowing a steam generator tube to be

degraded and go undetected. The only active damage mechanism,

affecting the steam generator tubes is vibration wear adjacent to an

antivibration bar that occurs during power operation. Since this

surveillance interval extension will not increase the actual plant

operating time, the vibration wear will not be increased. If there

is no increase in tube degradation, there will be no increase in the

probability of occurrence or consequence of a Steam Generator Tube

Rupture. The failure of a Steam Generator tube is evaluated within

Final Safety Analyses Report Section 15.6.3 and fully bounds this

proposed surveillance interval extension.

Thus it is concluded that the proposed revision does not involve

a significant increase in the probability or consequence of an

accident previously evaluated.

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

from any accident previously evaluated.

This proposed revision to the surveillance interval does not

change the operation of any plant system or component during normal

or accident conditions. The Final Safety Analyses Report evaluation

for a failure of a Steam Generator tube bounds this proposed

surveillance interval extension.

Thus, this does not create the possibility of a new or different

kind of accident from any accident previously evaluated.

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

The proposed revision to Technical Specification 4.4.5.3.a for a

one time extension to the surveillance interval until the next

refueling outage will not deviate from the guidance of Reg

[Regulatory] Guide 1.121. The active damage mechanism resulting in

Steam Generator tube degradation currently experienced at Millstone

Unit No. 3 has been primarily anti-vibration bar wear and is

dependent on power operation. Since this extension will not increase

the actual plant operating time, the vibration wear will not be

increased.

Thus, it is concluded that the proposed revision does 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 take this

action will occur very infrequently.

Written comments may be submitted by mail to the Chief, Rules and

Directives Branch, Division of Administrative 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 6D59, 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 September 16, 1998, 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

[[Page 43965]]

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 Learning Resources Center, Three Rivers

Community-Technical College, 574 New London Turnpike, Norwich,

Connecticut, and at the Waterford Library, ATTN: Vince Juliano, 49 Rope

Ferry Road, Waterford, Connecticut. 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: Rulemakings and

Adjudications Staff, or may be delivered to the Commission's Public

Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC,

by the above date. 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 Lillian M. Cuoco, Esq., Senior

Nuclear Counsel, Northeast Utilities Service Company, P.O. 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)(l)-(v) and 2.714(d).

For further details with respect to this action, see the

application for amendment dated August 6, 1998, 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 Learning Resources Center, Three Rivers

Community-Technical College, 574 New London Turnpike, Norwich,

Connecticut, and at the Waterford Library, ATTN: Vince Juliano, 49 Rope

Ferry Road, Waterford, Connecticut.

Dated at Rockville, Maryland, this 11th day of August 1998.

For the Nuclear Regulatory Commission.

Stephen Dembek,

Project Manager, Special Projects Office--Licensing, Office of Nuclear

Reactor Regulation.

[FR Doc. 98-22080 Filed 8-14-98; 8:45 am]

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