Dominion Nuclear Connecticut, Inc.; Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing, 8641-8642 [05-3262]

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• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 70, Number 34 (Tuesday, February 22, 2005)]
[Notices]
[Pages 8641-8642]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-3262]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-423]


Dominion Nuclear Connecticut, Inc.; 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 (NRC or the Commission) is 
considering issuance of an amendment to Facility Operating License No. 
NPF-49 issued to the Millstone Power Station, Unit No. 3 for operation 
in New London County, Connecticut.
    The proposed amendment would revise Technical Specification 3/
4.3.2, ``Engineered Safety Features Actuation System Instrumentation,'' 
Table 3.3-3, extending the allowed outage time for the Emergency 
Generator Load Sequencer (EGLS) from 6 hours to 12 hours. This 
extension was requested to support maintenance on the EGLS which would 
correct a recently identified failure of the automatic test circuit for 
the `A' EGLS.
    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. Pursuant to the 
Commission's regulations in Title 10 of the Code of Federal Regulations 
(10 CFR), section 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:

    Criterion 1:
    Does the proposed amendment involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.
    The proposed change increases the allowed time to restore the 
inoperable EGLS to operable status from 6 to 12 hours. The proposed 
change does not modify any plant equipment and does not impact any 
failure modes that could lead to an accident. Additionally, the 
proposed change has no affect on the consequence of any analyzed 
accident since the change does not affect the function of any 
equipment credited for accident mitigation. Based on this 
discussion, the proposed amendment does not increase the probability 
or consequences of an accident previously evaluated.
    Criterion 2:
    Does the proposed amendment create the possibility of a new or 
different kind of accident from any accident previously evaluated?
    Response: No.
    The proposed change increases the allowed time to restore the 
inoperable EGLS to operable status from 6 to 12 hours. It does not 
modify any plant equipment and there is no impact on the capability 
of existing equipment to perform its intended functions. No system 
setpoints are being modified and no changes are being made to the 
method in which plant operations are conducted. No new failure modes 
are introduced by the proposed changes. The proposed amendment does 
not introduce accident initiators or malfunctions that would cause a 
new or different kind of accident. Therefore, the proposed amendment 
does not create the possibility of a new or different kind of 
accident from any accident previously evaluated.
    Criterion 3:
    Does the proposed amendment involve a significant reduction in a 
margin of safety?
    Response: No.

    The proposed change increases the allowed time to restore the 
inoperable EGLS to operable status from 6 to 12 hours. The proposed 
change does not affect any of the assumptions used in the accident 
analysis, nor does it affect any operability requirements for 
equipment important to plant safety. Therefore, the proposed change 
will not result in a significant reduction in the margin of safety 
as defined in the Bases for Technical Specifications covered in this 
License Amendment Request.

    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 6D22, Two White Flint North, 11545 Rockville Pike, Rockville, 
Maryland, from 7:30 a.m. to 4:15 p.m. Federal workdays. Documents may 
be examined, and/or copied for a fee, at the NRC's Public Document 
Room, located at One White Flint North, Public File Area O1 F21, 11555 
Rockville Pike (first floor), Rockville, Maryland.
    The filing of requests for hearing and petitions for leave to 
intervene is discussed below.
    Within 60 days after the date of publication of this notice, 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 2.309,

[[Page 8642]]

which is available at the Commission's Public Document Room, located at 
One White Flint North, 11555 Rockville Pike (first floor), Rockville, 
Maryland, or electronically on the Internet at the NRC Web site https://
www.nrc.gov/reading-rm/doc-collections/cfr/. If there are problems in 
accessing the document, contact the Public Document Room Reference 
staff at 1-800-397-4209, 301-415-4737, or by e-mail to pdr@nrc.gov. 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 2.309, 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 name, address, and telephone number of the 
requestor or petitioner; (2) the nature of the petitioner's right under 
the Act to be made party to the proceeding; (3) the nature and extent 
of the petitioner's property, financial, or other interest in the 
proceeding; and (4) the possible effect of any order which may be 
entered in the proceeding on the petitioner's interest. The petition 
must also set forth the specific contentions which the petitioner/
requestor seeks to have litigated at the proceeding.
    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 
petition must include 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 by: (1) First class mail addressed to the Office of the 
Secretary of the Commission, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, Attention: Rulemaking and Adjudications 
Staff; or (2) courier, express mail, and expedited delivery services: 
Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and 
Adjudications Staff; or (3) e-mail addressed to the Office of the 
Secretary, U.S. Nuclear Regulatory Commission, HearingDocket@nrc.gov; 
or (4) facsimile transmission addressed to the Office of the Secretary, 
U.S. Nuclear Regulatory Commission, Washington, DC, Attention: 
Rulemaking and Adjudications Staff at (301) 415-1101, verification 
number is (301) 415-1966. A copy of the request for hearing should also 
be sent to the Office of the General Counsel, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, and it is requested that copies 
be transmitted either by means of facsimile transmission to (301) 415-
3725 or by e-mail to OGCMailCenter@nrc.gov. A copy of the request for 
hearing and petition for leave to intervene should also be sent to 
Lillian M. Cuoco, Senior Nuclear Counsel, Dominion Nuclear Connecticut, 
Inc., Rope Ferry Road, Waterford, CT 06285, 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 2.309(c)(1)(i)-(viii).
    For further details with respect to this action, see the 
application for amendment dated February 10, 2005, which is available 
for public inspection at the Commission's PDR, located at One White 
Flint North, File Public Area O1 F21, 11555 Rockville Pike (first 
floor), Rockville, Maryland. Publicly available records will be 
accessible from the Agencywide Documents Access and Management System 
(ADAMS) Public Electronic Reading Room on the Internet at the NRC Web 
site, https://www.nrc.gov/reading-rm/adams.html. Persons who do not have 
access to ADAMS or who encounter problems in accessing the documents 
located in ADAMS, should contact the NRC PDR Reference staff by 
telephone at 1-800-397-4209, 301-415-4737, or by e-mail to pdr@nrc.gov.

    Dated in Rockville, Maryland, this 14th day of February, 2005.
    For the Nuclear Regulatory Commission.
Victor Nerses,
Senior Project Manager, Section 2, Project Directorate I, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 05-3262 Filed 2-18-05; 8:45 am]
BILLING CODE 7590-01-P