ML070310212

Memo to Rules and Directives Branch, Div of Administration Services, Office of Administration, NRC, from: NRR, NRC Indian Point Station

ML070310212
Person / Time
Site:	Indian Point
Issue date:	08/31/1999
From:	Office of Nuclear Reactor Regulation
To:	NRC/ADM/DAS/RDB
References
FOIA/PA-2007-0060, TAC MA6302
Download: ML070310212 (11)

Text

T", -- II t

-,.-:JNITED

- STATES -7.

NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 NAto-t 31, 1999 MORANDUM TO: Rules and Directives Branch Division of Administrative Services Office of Administration OM: Office of Nuclear Reactor Regulation LBJECT: M=* SnowIC, 9M*J I One signed original of' the FederalRegister Notice identified below is attached for your transmittal

to the Office of the FederalRegister for publication. Additional conformed copies ( 5 ) of the Notice are enclosed for your use.

'--D Notice of Receipt of Application for Construction Permit(s) and Operating .License(s).

"-j-'-lotiýe'of Receipt of Partial Application for Construction Permit(s) and Facility License(s):-

Time for submission of Views on Antitrust matters.

F= Notice of Consideration of Issuance of Amendment to Facility Operating License. (Call with 30-day insert date).

Notice of Receipt.of Application for Facility License(s); Notice of Availability of Applicant's Environmental Report; and Notice of Consideration of Issuance of Facility License(s) and Notice Z/ of Opportunity for Hearing.

D Notice of Availability of NRC Draft/Final Environmental Statement.

L Notice of Limited Work Authorization.

- Notice of Availability of Safety Evaluation Report.

.. ] Notice of Issuance of Construction Permit(s).

f---] Notice of Issuance of Facility Operating License(s) or Amendment(s).

Ei Order.

U Exemption.

[ Notice of Granting Exemption.

D Environmental Assessment.

F-- Notice of Preparation of Environmental Assessment.

L-] Receipt of Petition for Director's Decision Under 10 CFR 2.206.

E7 Issuance of Final Director's Decision Under 10 CFR 2.206.

[J Other: " .... O 7- / "

DOCKET NO. 503 Attachment(s): As stated

Contact:

1. ' ,-<.,.'

Telephone: 41--14g1 , ,1 C G-\eib NJ r&g/

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 September 2, 1999 Mr. A. Alan Blind Vice President - Nuclear Power Indian Point Station, Unit 1 Consolidated Edison Company of New York, Inc.

Broadway and Bleakley Avenue Buchanan, New York 10511

SUBJECT:

INDIAN POINT STATION, UNIT 1 - NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT RE: SENIOR REACTOR LICENSE REQUIREMENTS (TAC NO. MA6302)

Dear Mr. Blind:

The Commission has requested the Office of the Federal Register to publish the enclosed "Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for A Hearing."

This notice relates to your amendment application dated July 20, 1999, which would revise the Technical Specifications to change the senior reactor license requirement for the Operations Manager.

Sincerely, 46-# L. Minns, Project Manager commissioning Section Project Directorate IV& Decommissioning Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No.50-003

Enclosure:

Notice cc w/encl: See next page

September 2, 1999 Mr. A. Alan E,%Zid Vice Presidei it - Nuclear Power Indian Point :t-" it 1 Consolidatedi ,. f&ion Company of New Yor!' .

Broadway K.-ikley Avenue Buchanan, .j) "c "511

SUBJECT:

' , POINT STATION, UNIT 1 - NOTICE OF CONSIDERATION OF

..: ' *.q~OF AMENDMENT RE: SENIOR REACTOR LICENSE

'*. MENTS (TAC NO. MA6302)

Dear Mr. 0iV-_Y*;:

The .>.m.io. has requested the Office of the Federal Register to publish the enclosed "No,., :Consideration of Issuance of Amendment to Facility Operating License, Proposed No ,, Hazards Consideration Determination, and Opportunity for A Hearing."

This notice rL oilo-*-ir amendment application dated July 20, 1999, which would revise the Technical Sp..,emi..... ..i o change the senior reactor license requirement for the Operations Manager.

Sincerely, ORIG. 'SIGNED BY John L. Minns, Project Manager Decommissioning Section Project Directorate IV & Decommissioning Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. C,-7,,00 DISTRIBUTION Docket File ACRS/ACNW

Enclosure:

'Notice PUBLIC OGC PDIV/D-3 Reading R.Bellamy, RI

-3\lndianPoint\lnd Notice Oper Mngr.wpd OFFICIAL RECORD COPY

Indian Point Nuclear Generating Station, Unit 1 cc:

Mayor, Village of Buchanan Charlie Donaldson, Esquire 236 Tate Avenue , Assistant Attorney General Buchanan, NY 10511 New York Department of Law 120 Broadway Mr. John McCann New York, NY 10271 Manager of Nuclear Safety and Licensing Mr. John P. Spath Consolidated Edison Company NYS Energy Research and Development of New York, Inc. Authority Broadway and Bleakley Avenue Corporate Plaza West Buchanan, NY 10511 286 Washington Avenue Extension Albany, NY 12203-6399 Senior Resident Inspector U.S. Nuclear Regulatory Commission Mayor Alfred Donohew P.O. Box 38 Village of Buchanan Buchanan, NY 10511 236 Tate Avenue Buchanan, NY 10511 Mr. Brent L. Brandenburg Assistant General Counsel Senior Resident Inspector Consolidated Edison Company U.S. Nuclear Regulatory Commission of -New York, Inc. P.O. Box 38 4 Irving Place - 1822 Buchanan, NY 10511 New York, NY 10003 Paul Eddy Mr. Peter Kokolakis, Director New York State Public Service Commission Nuclear Licensing 3 Empire Plaza Power Authority of the State Albany, NY 12203-6399 of New York 123 Main Street Mr. James S. Baumstark, Vice President White Plains, NY 10601. Consolidated Edison Company of New York, Inc.

Mr. Hubert J. Miller, Regional Administrator 4 Irving Place - 1822 Region I New York, NY 10003 U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406 Mr. Tom Rose Secretary - NFSC Consolidated Edison Company of New York, Inc.

4 Irving Place - 1822 New York, New York 10003

7590-01 -P UNITED STATES NUCLEAR REGULATORY COMMISSION CONSOLIDATED EDISON COMPANY OF NEW YORK, INC.

INDIAN POINT NUCLEAR GENERATING STATION, UNIT 1 DOCKET NO.50-003 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-5 issued to Consolidated Edison

-Company of New York, Inc. (the licensee), for the permanently shutdown Indian Point Nuclear Generating Station, Unit 1, located in Buchanan, New York.

The proposed amendment would revise Technical Specification (TS) Section 3.2.1.i. to be consistent with a similar TS for Indian Point, Unit 2. Specifically, Indian Point, Unit 1, Section 3.2.1.i would be revised to change the requirement that the operations manager or assistant operations manager be a licensed senior reactor operator. The revision would allow an individual who does not hold a current senior reactor operator license to be appointed as operations manager or assistant operations manager provided all other qualification requirements of ANSI N18.1-1971 are met.

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

2 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 change does not involve a significant hazards consideration because:

1. [The proposed change does not involve a significant increase in the probability or consequences of an accident previously evaluated.]

...This proposed change (to the TS Section 3.2.1.i] is administrative in nature.

...This change does not affect possible initiating events for accidents previously evaluated or alter the configuration or operation of the facility. The Limiting Safety System Settings and Safety Limits specified in the current Technical Specifications remain unchanged. Therefore, the proposed change would not involve a significant increase in the probability or in the 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.]

No. The proposed change is administrative in nature. The safety analysis of the facility remains complete and accurate. There are no physical changes to the facility and the plant conditions for which design basis accidents have been evaluated are still valid. The operating procedures and the emergency procedures are unaffected. Consequently no new failure modes are introduced as a result of the proposed change. Therefore, the proposed changes would not create the possibility of a new or different kind of accident from any new accident previously evaluated.

3. [The proposed change does not involve a significant reduction in a margin of safety.]

No. The proposed change is administrative in nature. Since there are no changes to the operation of the physical design of the facility, the Updated Final Safety Analysis Report (UFSAR) design basis, accident assumptions, or Technical Specification Bases are not affected. Therefore, the proposed change does not involve a significant reduction in a margin of safety.

3 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.

4 The filing of requests for hearing and petitions for leave to intervene is discussed below.

By October 12, 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 room located at the White Plains Public Library, 100 Martine Avenue, White Plains, New York, 10601. 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

5 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.

6 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 Brent L. Brandenburg, Esq., 4 Irving Place, New York, 10003, 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).

7 For further details with respect to this action, see the application for amendment dated July 20, 1999, 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 White Plains Public Library, 100 Martine Avenue, White Plains, New York 10601.

Dated at Rockville, Maryland, this 2nd day of September 1999.

FOR THE NUCLEAR REGULATORY COMMISSION Mins, Project Manager commissioning Section P eject Directorate IV & Decommissioning Dvision of Licensing Project Management of Nuclear Reactor Regulation fficOce