Entergy Nuclear Operations, Inc., James A. Fitzpatrick Nuclear Power Plant; Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing, 34163-34165 [E5-3053]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 70, Number 112 (Monday, June 13, 2005)]
[Notices]
[Pages 34163-34165]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-3053]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-333]


Entergy Nuclear Operations, Inc., James A. Fitzpatrick Nuclear 
Power Plant; 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-59, issued to Entergy Nuclear Operations, Inc., (the licensee) for 
operation of the James A. FitzPatrick Nuclear Power Plant (JAFNPP) 
located in Oswego County, New York.
    The proposed amendment would revise the Technical Specifications 
(TSs) related to the safety-related battery systems. The revision is 
based on TS Task Force (TSTF) Change Traveler TSTF-360, Revision 1, 
``Direct Current (DC) Electrical Rewrite,'' and would revise TSs for 
inoperable battery chargers, provide alternative testing criteria for 
battery charger testing, and revise TSs for battery cell monitoring.
    The licensee has requested that this proposed license amendment be 
processed per Title 10 of the Code of

[[Page 34164]]

Federal Regulations (10 CFR) Section 50.91(a)(6), due to exigent 
circumstances. The exigent circumstances are that spurious intermittent 
alarms have been received associated with a battery charger. If the 
battery charger should fail, trouble-shooting activities and 
maintenance on the battery charger will likely take longer than the TS 
completion time to restore operability in 8 hours. A temporary battery 
charger is available to maintain the battery in a fully-charged 
condition.
    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.
    Pursuant to 10 CFR 50.91(a)(6) for amendments to be granted under 
exigent circumstances, the NRC staff must determine 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. Does the proposed change involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    The DC Sources and Battery Cell Parameters are not initiators of 
any accident sequence analyzed in JAFNPP's Updated Final Safety 
Analysis Report (UFSAR). As such, the proposed changes do not 
involve a significant increase in the probability of an accident 
previously evaluated.
    The initial conditions of the Design Basis Accident (DBA) and 
transient analyses in JAFNPP's UFSAR assume Engineered Safety 
Feature (ESF) systems are operable. The DC electrical power 
distribution system is designed to provide sufficient capacity, 
capability, redundancy, and reliability to ensure the availability 
of necessary power to ESF systems so that the fuel, reactor coolant 
system, and containment design limits are not exceeded. The 
operability of the DC electrical power distribution system in 
accordance with the proposed TS is consistent with the initial 
assumptions of the accident analyses and is based upon meeting the 
design basis of the plant. Therefore, the proposed changes do not 
involve a significant increase in the consequences of an accident 
previously evaluated.
    2. Does the proposed change create the possibility of a new or 
different kind of accident from any accident previously evaluated?
    The proposed changes do not involve any physical alteration of 
the JAFNPP. The temporary charger, when placed in service, will be 
powered from an emergency bus and have appropriate electrical 
isolation. Installed equipment is not being operated in a new or 
different manner. There are no setpoints at which protective or 
mitigative actions are initiated that are affected by the proposed 
changes. The operability of the DC electrical power distribution 
system in accordance with the proposed TS is consistent with the 
initial assumptions of the accident analyses and is based upon 
meeting the design basis of the plant. These proposed changes will 
not alter the manner in which equipment operation is initiated, nor 
will the functional demands on credited equipment be changed. No 
alteration in the procedures, which ensure the unit remains within 
analyzed limits, is proposed, and no change is being made to 
procedures relied upon to respond to an off-normal event. As such, 
no new failure modes are being introduced. The proposed changes do 
not alter assumptions made in the safety analyses. Therefore, the 
proposed changes do not create the possibility of a new or different 
kind of accident from any accident previously evaluated.
    3. Does the proposed change involve a significant reduction in a 
margin of safety?
    The proposed changes will not adversely affect operation of 
plant equipment. These changes will not result in a change to the 
setpoints at which protective actions are initiated. Sufficient DC 
capacity to support operation of mitigation equipment is ensured. 
The changes associated with the new administrative TS program will 
ensure that the station batteries are maintained in a highly 
reliable manner. The equipment fed by the DC electrical power 
distribution system will continue to provide adequate power to 
safety-related loads in accordance with analyses assumptions. 
Therefore, the proposed changes 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 14 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 14-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 14-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. 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. Documents may 
be examined, and/or copied for a fee, at the NRC's Public Document Room 
(PDR), 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, which is available at the 
Commission's PDR, located at One White Flint North, Public File Area 
O1F21, 11555 Rockville Pike (first floor), Rockville, Maryland. 
Publicly available records will be accessible from the Agencywide 
Documents Access and Management System's (ADAMS) Public Electronic 
Reading Room on the Internet at the NRC Web site, https://www.nrc.gov/
reading-rm/doc-collections/cfr/. If a request for a hearing or petition 
for leave to intervene is filed by the above date, the Commission or a 
presiding officer designated by the Commission or

[[Page 34165]]

by the Chief Administrative Judge of the Atomic Safety and Licensing 
Board Panel, will rule on the request and/or petition; and the 
Secretary or the Chief Administrative Judge of the Atomic Safety and 
Licensing Board will issue a notice of a 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 general requirements: (1) The name, address and telephone 
number of the requestor or petitioner; (2) the nature of the 
requestor's/petitioner's right under the Act to be made a party to the 
proceeding; (3) the nature and extent of the requestor's/petitioner's 
property, financial, or other interest in the proceeding; and (4) the 
possible effect of any decision or order which may be entered in the 
proceeding on the requestor's/petitioner's interest. The petition must 
also identify 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/requestor shall provide a brief explanation of the bases for 
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/requestor 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/requestor 
who fails to satisfy 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.
    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.
    Nontimely requests and/or petitions and contentions will not be 
entertained absent a determination by the Commission or the presiding 
officer of the Atomic Safety and Licensing Board that the petition, 
request and/or the contentions should be granted based on a balancing 
of the factors specified in 10 CFR 2.309(c)(1)(i)-(viii).
    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; (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; (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: 
Rulemakings and Adjudications Staff at (301) 415-1101, verification 
number is (301) 415-1966. A copy of the request for hearing and 
petition for leave to intervene 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 Mr. John Fulton, 
Assistant General Counsel, Entergy Nuclear Operations, Inc., 440 
Hamilton Avenue, White Plains, NY 10601, attorney for the licensee.
    For further details with respect to this action, see the 
application for amendment dated April 27, 2005, as supplemented June 3, 
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's (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 at Rockville, Maryland, this 7th day of June 2005.

    For The Nuclear Regulatory Commission.
John P. Boska,
Sr. Project Manager, Section 1, Project Directorate 1, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. E5-3053 Filed 6-10-05; 8:45 am]
BILLING CODE 7590-01-P