[Federal Register Volume 63, Number 249 (Tuesday, December 29, 1998)]
[Notices]
[Pages 71657-71659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-34439]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-245]
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.
DPR-21 issued to Northeast Nuclear Energy Company (the licensee) for
operation of the Millstone Nuclear Power Station, Unit 1, located in
Waterford, Connecticut.
The proposed amendment would change the technical specifications
for staffing and training requirements to allow the use of Certified
Fuel Handlers to meet plant staffing requirements.
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:
A review of the proposed changes has determined that there is no
Unreviewed Safety Question. The proposed change to the Technical
Specifications has been evaluated against the standards of 10 CFR
50.92 and has been determined to not involve a significant hazards
consideration. The proposed change does not:
1. Involve a significant increase in the probability or
consequence of an accident previously evaluated.
The purpose of this proposed change is to eliminate the
requirements for licensed operators and a licensed operator training
program and to replace those with certified fuel handlers and a
certified fuel handler training and retraining program. The plant
has permanently ceased operation and will be maintained in a
defueled condition. The range of accidents for which an operator
needs to be trained has significantly diminished. The only credible
design basis accident is a Fuel Handling Accident. As such, a
training program of the depth and breadth of that required by 10 CFR
Part 55 is no longer needed. In lieu of a 10 CFR Part 55 licensed
operator training program, an NRC approved certified fuel handler
training and retraining program will be implemented. This training
program will adequately equip appropriate operations personnel for
fuel handling operations, including responses to abnormal events/
accidents. In addition, the requirements are being changed to ensure
that an individual qualified in radiation protection procedures is
onsite during fuel handling operations. Therefore, there will be no
increase in the probability of occurrence or in the consequences of
events associated with fuel handling activities. The proposed
changes do not affect plant equipment or procedures for equipment
operation or response to abnormal events/accidents in the defueled
condition.
2. Create the possibility of a new or different kind of accident
from any accident previously evaluated.
The purpose of this proposed change is to eliminate the
requirements for licensed operators and a licensed operator training
program and to replace those with certified fuel handlers and a
certified fuel handler training and retraining program. The changes
ensure that the qualifications of operations personnel are
commensurate with the tasks to be performed for normal and/or
abnormal conditions that could occur in the defueled condition. In
addition, the requirements are being changed to ensure that an
individual qualified in radiation protection procedures is onsite
during fuel handling operations. These changes do not affect plant
equipment or the procedures for operating plant equipment, and
therefore, do 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 purpose of this proposed change is to eliminate the
requirements for licensed operators and a licensed operator training
program and to replace those with certified fuel handlers and a
certified fuel handler training and retraining program. The changes
ensure that the qualifications of operations personnel are
commensurate with the tasks to be performed for normal and/or
abnormal conditions that could occur in the defueled condition. In
addition, the requirements are being changed to ensure that an
individual qualified in radiation protection procedures is onsite
during fuel handling operations. The assumptions for a fuel handling
accident in the Reactor Building are not affected by the proposed
changes. Therefore, the proposed changes do not involve a reduction
in a margin of safety.
[[Page 71658]]
NNECO has concluded that the proposed changes to the Millstone Unit
No. 1 Technical Specifications do not involve a significant hazards
consideration as defined in 10 CFR 50.92.
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 January 28, 1999, 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 rooms located at the Learning Resources Center, Three Rivers
Community-Technical College, 574 New London Turnpike, Norwich,
Connecticut 06360, and 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
[[Page 71659]]
Lillian M. Cuoco, Esq., Senior Nuclear Counsel, Northeast Utilities
Service Company, P.O. Box 270, Hartford, Connecticut, 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 December 4, 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 rooms located at the Learning Resources Center, Three
Rivers Community-Technical College, 574 New London Turnpike, Norwich,
Connecticut 06360, and the Waterford Library, ATTN: Vince Juliano, 49
Rope Ferry Road, Waterford, Connecticut.
Dated at Rockville, Maryland, this 22nd day of December 1998.
For the Nuclear Regulatory Commission.
Louis L. Wheeler,
Senior Project Manager, Non-Power Reactors and Decommissioning Project
Directorate, Division of Reactor Program Management, Office of Nuclear
Reactor Regulation.
[FR Doc. 98-34439 Filed 12-28-98; 8:45 am]
BILLING CODE 7590-01-P