ML17059B575
| ML17059B575 | |
| Person / Time | |
|---|---|
| Site: | Nine Mile Point  |
| Issue date: | 05/30/1997 |
| From: | Dromerick A NRC (Affiliation Not Assigned) |
| To: | |
| Shared Package | |
| ML17059B576 | List: |
| References | |
| NUDOCS 9706060380 | |
| Download: ML17059B575 (16) | |
Text
7590-Ol-P UNITE STATES NUC EAR REGULA ORY COMM SSION AGARA HOHAWK POW R CORPORAT ON ELKKTIIO. 50- I OT C
OF CONSIDERAT ON OF SSUANCE OF AMENDM 0
NS ROPOS D
0 GNIF CAN AZ DS CONS ERATION T
RM NAT 0 N
OPPOR UN Y FOR ARING The U.S. Nuclear Regulatory Commission (the Commission) is considering issuance of an amendment to Facility Operating License No. DPR-63 issued to Niagara Mohawk Power Corporation (NMPC) for operation of the Nine Hile Point Nuclear Station Unit No.
1 (NMPl) located in Lycoming, New York.
The proposed amendment would make an administrative chan'ge to the NMPl Technical Specifications (TSs).
The administrative change is to add a
supervisory position to the list of personnel who may be required to hold a senior reactor operator license.
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
'ccident 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 9706060380 970530 PDR ADQCK 05000220 P
l I
has provided its analysis of the issue of no significant hazards e
conssderation, which is presented below:
The o eration of ine Mile Point Unit 1
i accordance w'th the ro osed amendment w'l not nvolve a s'if cant incr as i
he robab it or conse uen es o
a accident revious eva uated.
The addition of the position of GSO [General Supervisor Operations]
and the requirement for either the GSO or the Manager Operations to have an SRO, [Senior Reactor Operator] license is a restructuring of the Operations department.
The proposed changes are administrative changes that provide additional Operations management oversight capabilities.
The resulting organization meets the requirements of. ANSI [American National Standards Institute] N18.1-1971 and SRP [Standard Review Plan]
13.1.1-13. 1-3.
No physical modification of the plant is involved and no z changes to the methods in which plant systems are operated are required.
None of the precursors of previously evaluated accidents are affected, and no new failure modes are introduced.
Therefore, this change will not involve a significant increase in the probability or consequences of an accident previously evaluated.
The o eration of Nine Mile Point Unit in accordance with the ro osed amendment will not create the ossibilit of a ew or dif erent kind of accident from an acc'dent rev ousl evaluated.
The addition of the position of GSO and the requirement for either the GSO or the Manager Operations to have an SRO license is a restructuring of the Operations department.
The proposed changes are administrative changes that provide additional Operations management oversight capabilities.
The resulting organization meets the requirements of ANSI N18.1-1971 and SRP 13.1.1-13.1.3.
No physical modification of the plant is involved and no changes to the methods ln which plant. systems are operated are required.
As such, the change does not introduce any new failure modes or conditions that may create a new or different accident.
Therefore, this change does not in itself create the possibility of a new or different kind of accident from any accident previously evaluated.
The o eration of Nine Mile
" o t Unit i
accorda ce w th the ro osed amendment wil ot involve si ni icant eductio n
a mar
~efet The addition of the position of GSO and the requirement for either the GSO or the Manager Operations to have an SRO license is a restructuring of the Operations department.
The proposed changes are administrative changes that provide additional Operations management oversight capabilities.
The resulting organization meets the requirements of ANSI N18.1-1971 and SRP 13.1.1-13.1.3.
No physical modification,of the plant is involved and no changes to the methods in which plant systems are
0 operated are required.
As such, this change does not in itself adversely affect ariy physical barrier to the release of radiation to plant personnel or to the public.
Therefore, the change does not involve a significant reduction in.a margin of safety.
The NRC staff has reviewed the licen'see's analysis
- and, based on this review, agrees that the three standards of 10 CFR 50.92(c) are satisfied.
Therefore, the NRC staff proposes to determine that the amendment request'nvolves 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.
Kritten cmanents may be submitted by mail to the'hief, Rules Review and Directives Branch, Division of Freedom of Information and Publications Services, Office of Administration, U.S. Nuclear Regulatory Commission, Mashington, DC 20555-0001, and should cite the publication date and page
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number of this FEDERAL REGISTER notice.
Written coments may also be
~ -delivered to-Room kD22, -Two White Flint-North,.11545 Rockville Pike, Rockville, Maryland, from 7:30 a.m. to 4:15 p.m. Federal workdays.
Copies of written comnents 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.
y By July 7, 1997, 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 Reference and Documents Department, Penfield Library, State University of New York, Oswego, New York 13126.
If a request for a hearing or petition for 1eave 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 I
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 witn particular reference to the following factors:
(I) 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 A
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
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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 wh'.ch 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 Coamission, 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
'1
date.
Where petitions are filed during the last 10 days of the notice period, it is requested that the petitioner promptly so inform the Commission by a toll-free-telephone call to Western Union at 1-(800) 248-5100 (in Hissouri 1-(800) 342-6700).
The Western Union operator should be given Datagram Identification Number N1023 and the following message addressed to Alexander M. Dromerick, Acting Director: petitioner's name and telephone number, date petition was mailed, plant name, and publication date and page number of this FEDERAL REGISTER notice.
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 Hark J. Metterhahn,
- Esquire, Winston and Strawn, 1400 L
- Street, NW., Washington, DC 20005-3502, 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 I
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 Hay 16, 1997, which is available for public inspection at the Commission's Public Document Room, the Gelman Building, 2120 L Street, NW., bfashington, DC,;and at the local public document room located at the Reference and Documents Department, Penfield Library, State University of New York, Oswego,
-New York 13126.
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4 Dated at Rockville, Maryland, this 30th day of May 1997.
FOR THE NUCLEAR REGULATORY COMMISSION Alexander W. Dromerick, Acting Director Project Directorate I-'1 Division'of Reactor Projects I/II Office of Nuclear Reactor Regulation
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