ML17059B586

Submits Response to to Chairman Jackson of NRC Re Plant,Unit 1

ML17059B586
Person / Time
Site:	Nine Mile Point
Issue date:	06/10/1997
From:	Varga S NRC (Affiliation Not Assigned)
To:	Downing L, Gagne C AFFILIATION NOT ASSIGNED
Shared Package
ML17059B587	List: ML17059B586
References
NUDOCS 9706170266
Download: ML17059B586 (18)

Text

Vis. Cindy Gagne

(

.510 West First Stree cmouth

Fulton, NY 13069 Hs. Linda Downing 107 Albright Road

Mexico, NY 13114 Dear Hs.

Gagne and Ms. Downing:

Ju 0,

1997 Your letter of May 14, 1997, to Chairman Jackson of the U.S. Nuclear Regulatory Commission (NRC) regarding the Nine Mile Point Nuclear Station, Unit No.

1 (NMP-1) has been referred to me for reply.

You were correct that NMP-1 has 60 days from the Hay 9, 1997, restart date to submit the required technical specification (TS) change for reactor coolant water chemistry.

'our inquiry about public participation allowed during the NHP-1 amendment process is addressed in detail in Title 10 of the Code of Federal Regulations, Part 50, Section 91 (550.91).

We are enclosing a copy of this part of the regulations, highlighted for your convenience."

As discussed in the regulations, the public will have an opportunity to participate.

The schedule and deadlines for commenting are published in the Federal Receister and will be available in your local public document room (PDR).

The PDR for Nine Mile Point is located at the Reference and Documents Department of the Pennfield Library, State University of New York, Oswego, NY

13126, (315) 341-3563/3564.

After the comment period expires, the NRC will inform the commentors of the receipt of their comments.

The staff will review the comments and will incorporate

them, as appropriate, into the safety evaluation.

Interested members of the public also have an opportunity to request a formal adjudicatory hearing on a proposed license amendment.

A hearing may be requested by following the procedures described in 10 CFR 2.714 (copy enclosed),

in 10 CFR 50.91 and in the notice of proposed license amendment that will be published in the Federal

~Re ister.

Note that a hearing may be held before or after issuance of the proposed amendment, depending on whether the amendment in question involves significant hazards considerations.

In addition, the Project Manager for NMP-1 will inform you when the licensee's TS amendment request is received by the NRC.

I trust that this information is responsive to your concerns regarding NHP-l.

Sincerely,

/s/

Steven A. Varga, Director Division of Reactor Projects I/II Office of Nuclear Reactor Regulation

Enclosure:

As Stated DISTRIBUTION:

See next page DOCUMENT NAME:

G:)NHPI)GAGNE3.GT

• See Previous Concurrence To receive a copy of this document, indicate in the box:

"C" = Copy without attachment enclosure "E"

Co with attachment enclosure "N" = No co I

)

OFFICE HAHE DATE OFFICE HAHE DATE PH:PDI-1 DHood/rsl 05/22/97 ADPR:HRR>>

RZimneratan 05/22/97 LA:PDI-1 SLI tele 05/20/97*

D:HRR>>

Scot lins 05/22/97 D:PDI-1 SBajtta 05/22/97 EDO>>

LCal lan 05/22/97 TECH ED>>

RSanders 05/20/97 OCH:SJ*

SJackson 06/10/97 D:DRPE>>

SVarga 05/20/97 9706l PDR H

70266 9706i0 ADQCK 05000220 PDR

'fficia Record Copy

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UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 June 10, 1997 Ms. Cindy Gagne 510 West First Street South

Fulton, NY 13069 Ms. Linda Downing 107 Albright Road

Mexico, NY 13114 Dear Ms.

Gagne and Ms. Downing:

Your letter of May 14, 1997, to Chairman Jackson of the U.S. Nuclear Regulatory Commission (NRC) regarding the Nine Mile Point Nuclear Station, Unit No.

1 (NHP-1) has been referred to me for reply.

You were correct that NHP-1 has 60 days from the Hay 9, 1997, restart date to submit the required technical specification (TS) change for reactor coolant water chemistry.

Your inquiry about public participation allowed during the NHP-1 amendment process is addressed in detail in Title 10 of the Code of Federal Regulations, Part 50, Section 91 (550.91).

We are enclosing a copy of this part of the regulations, highlighted for your convenience.

As discussed in the regulations, the public will have an opportunity to participate.

The schedule and deadlines for commenting are published in the Federal

~Re ister and will be available in your local public document room (PDR).

The PDR for Nine Mile Point is located at the Reference and Documents Department of the. Pennfield Library, State University of New York, Oswego, NY

13126, (315) 341-3563/3564.

After the comment period expires, the NRC will inform the commentors of the receipt of their comments.

The staff will review the comments and will incorporate

them, as appropriate, into the safety evaluation.

Interested members of the public also have an opportunity to request a formal adjudicatory hearing on a proposed license amendment.

A hearing may be requested by following the procedures described in 10 CFR 2.714 (copy enclosed),

in 10 CFR 50.91 and in the notice of proposed license amendment that will be published in the Federal

~Re ister.

Note that a hearing may be held before or after issuance of the proposed amendment, depending on whether the amendment in question involves significant hazards considerations.

In addition, the Project Manager for NHP-1 will inform you when the licensee's TS amendment request is received by the NRC.

I trust that this information is responsive to your concerns regarding NHP-l.

Sincerely,

Enclosures:

As Stated Sh.6 c-even A.

arga, Dire tor Division of Reactor Projects - I/II Office of Nuclear Reactor Regulation

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DISTRIBUTION:

Docket File (50-220) w/orig.

PUBLIC (w/incoming)

EDO¹ 970364 L. Callan H. Thompson E. Jordan P. Norry J.

Blaha S. Collins/F. Miraglia N. Olson incoming R.

Zimmerman PDI-1 R/F (w/incoming)

S. Varga J. Zwolinski S.

Bajwa H. Thadani T. Hartin H. Slosson C. Norsworthy W. Travers K. Bohrer S.

Burns, OGC H. Miller, RI H. Boyle (email HLB4)

OPA OCA SECY ¹CRC-97-0481 NRR Mail Room (EDO ¹970364 w/incoming)

D.

Hood (w/incoming)

S. Little 1'

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t 5082(b) 50.91(a)

PART 50 ~ DOMESTIC LICENSING OF PRODUCTION AND UTLJZATION.FACILITIES administrative control during the storage or surveillance period, or a surety method or fund statement of intent be maintained in accordance with the criteria of550.75(e); and (B) Means be included for adjusUng cost estimates and associated funding levels over the storage or surveillance period.

(4) The proposed decommissioning plan must include-(I)The choice ofthe alternative for decommissioning with a description of activities involved. An alternative is acceptable ifit provides for completion ofdecommissioning without significant delay. Consideration willbe given to an alternaUve which provide~ for delayed completion ofdecommissioning only when necessary to protect the public health and safety. Factors to be considered in evaluating an alternative which provides for delayed completion ofdecommissioning include unavailability ofwaste disposal capacity and other site-specific factors affecting the Bcensee's capability to caizy out decommissioning, including the qo presence ofother nuclear faciliUes at the site.

dt) h description oithe controls end C limits on procsdutes end equipment to 5 protect occupational and public health and safety; (Bi)A description ofthe planned Bnal radiation survey; (iv)An updated cost estimate for the chosen alternative for decommissioning, comparison ofthat estimate with present funds set aside for decommissioning, and plan for assuring the availability ofadequate funds for completion ofdecommissioning; and (v) A descripUon oftechnical specificavons, quality assurance provisions and physical security plan provisions in place during decommissioning.

(5) Ifthe decommissioning plan demonstrates that the decommissioning wi)1 be performed in accordance with the regulations in this chapter and will not be inimical to the common defense and security or to the health and safety ofthe public, and after notice to interested persons, the Commission will approve;by amendment, the plan subject to such conditions and limltavoris as it deems appropriate and necessary. The approved decommissioning plan willbe e supplement to the Safety Analysis report or equivalent.

(6) The Commission willterminate the Bcense ifit determines that (I) The decommissioning has been performed in accordance with the approved decommissioning plan. and (ii)The terminal radiation survey and associated documentation demonstrates that the faciBty and site ate suitable for

c. release.

(c) For a facilitythat has permanently

~ ceased operation before the expiration K ofits license, the collection period for t~ any shortie)l offunds willbe determined, upon appBcation by the Bcensee, on a case-by~ basis taking into account the specific Bnancial situation ofeach licensee.

kxrmacENT or LzcENSE oR CONSTRUc.

TR0N PxaaaIT AT REQUEBT oF HoLDER 150M ~ittccthn foramendmcnt of Ic>>nac or oonctructlcpn pcrmL Whenever a holder of a Bccnac or

~ construction permit desires to amend 0 the Bccnac or permit, appficaUon for an

~~ amcndmcnt must bc Bled with the

>>'omndaaion.

aa ayccificd h I 50A, fully L

" dcacribing the changes desired, and following aa far aa applicable, the form prescribed for original applicationa.

f50.N NoUce forpublic canmcnt; State consultation.

>0 The Commission willuse the followingprocedures for an application requesting an amendment to an g operating license for a facilitylicensed g under $ 50.21(b) or $ 50.22 or for a Iz testing facIBty, except for amendments subject to hearings governed by

'tp 552.1201-2.1263 ofthis chapter, For amendments subject to gg 2.1201-2.1263 ofthis chapter, the following procedures willapply only to the extent specifically referenced in 52.1205 (c) and (d) ofthis chapter.

f (a) Notice forpubIic comment. (1) ht P the tbnc ~ Bccnsce requests an o amendment. It must provide to the

~ Commission. ln accordance with the L distributio requirements apccificd in

$ 50A, ita analysis about the issue ofno aignificant hazards consideration using the standards in $ 50.92.

g)(I)1hc Gaaizalaaiaa may publish In ga ~Ia3 Rag~r aahr. I X1C6 an Individna) aoticc ef ycopeacd action for an amcndmtait for cchfch Itmakes a pcopoced detcmhaatlon 1hat no aienScant hazards anaidcration Ia hivolvad. or. at )cast rate>> every 8) days, yuhBah a yariadh Fqaderal Register noSce ot yrapoacd actions achich idcat5ea aak amcaxhacnt issued and each aaeudsncat prolaoacd lobe iaaocd ahce tlac laat aach periodicnoUcc, or It anay pubBah both au& notices.

g!) For each amendment proposed to be iaaucif. the noUoa will(h) coetah tbc 4 staffs proyoacd dctcrndnalon. under I

thc standards in I SOAKS, (B) provide a f brief dcacriytion of the amendment and g of the facilityhvolvcd. (C) solicit public comments on the yroyoacd dctcnnhation. and (D) provide for ~ 30-day comment period.

(iii)The comment period wN begin on the day after the date of the publication

'fthe Brat noUcc, and. normally. the amcndmcnt willnot be granted until after this comment period expires.

(3) Thc Commission may inform the yuhlic about the Baal disposition of an amcndmcnt request for which it haa made a proposed determination of no significant hazards consideration either by Iaauhg an hdividual notice of Issuance under 5 2.106 of this chapter or by yubliahhg such ~ notice in ita periodic system of Federal Register notices ln either cvcnt, it willnot make and willnot publish a Bnal dctcrmhation on no aignScant hazards consideration. unlcaa it receives e request for a hearing on that amcndmcnt request.

Jvly R, 1996 SHi6b ENCLOSURE

PI

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t 50.91(a)

PART 50

~ DOMESTIC LICENSING OF PRODUCTION AND UTILIZATIONFACILITIES 50.91(b)

(4) Where the Commission makes a final determination that no significant harards consideration fs invo'lvcd and tnct the ~cndmcnt should be fssued.

the arucndment w01 be cffectivc upon fssuancc. even ifadverse public comments have been received and even Ifen Inreresred person rneerlnn rhe provisions forIntcrvcntfon called for fn K 3 2.714 of this chapter has filed a request 8 for a hearing. %tie Commission need hold any required hearing only after it issues an amendment. unless ft dctennines that a significant hazards consideration Is involved fn which case the Commfssfon w0l provide an opportunf ty for ~ prior hearing.

(8) Where the Commission finds that an emergency situation exists. In that fa0urc to act in a timely way would result fn dcraUng or shutdown of a nuclear power plant, or fn prevenUon of either resumptfon ofoperation ot of fncreasc fn power output up to the plant's licensed power level. It may issue a license amendment involving no significant hazards consideration without prfor notice and opportunity for a hearing or for public comment. In such

~ situation, the Commission willnot publish a notice of proposed detennfnaUon on no significant hazards consideration. but w0l publish a notice of issuance under 3?.108 of this chapter.

providfng for opportunity for a hearing and for public comment after issuance.

.The Commission expects fts licensees to

~ppfy Ior Ifccnse amendments fn Umely fashion. It willdecline to dispcnsc with notice and comment on the determination of no significant hazards consideration lfIt determines that the licensee has abused the emergency provision by fa0fng to make timely

~pplication for thc amendmcnt and thus itself creating the emergency. Whenever an emergency situation exists. a licensee requesUng an amendment must explain why this emergency altuatfon occuned and why ft could not avoid this situation. and the Commissfon will assess the licensee's reasons for fa0ing to f0e an appflcaUon sufficfen0y fn

'dvance of that event.

(8) Where the Commfssfon fhds that exigent circumstances exist. In that a licensee and the Commission must act ckly and that Umc does not permit Commission to publish ~ Federal Register notice allowing 80 days for prior public comment. and ft also determines that the amendment fnvolves no significant hazards considerations, it:

(i)(h) Willeither issue a Fadaral

~

Register notfce providing noUcc of an opportunity for hearing and allowing at g least two wacke from the date of thc g notice for prfor public comment; or (B) Willuse local media to provide reasonable notfcc to the public fn thc area surrounding a licensee's facilityof thc lfcensce's amendment and of Its proposed det~rmination as described fn paragraph (a)(2) of thfs section.

consulting with the licensee on the proposed media relcasc and on the geogrcphfcal area of Its coverage, (fi)Willprovide for ~ reasonable opportunity for the public to comment, using fts best efforts to make ava0able to thc public whatever means of communication it can for the public to respond quickly. and. In the case of telephone comments. have these comments recorded or transcribed. as necessary and appropriate:

(fii)When it has issued a local medic release. may inform the licensee of thc public's comments. as necessary and appropriate:

(iv)Willpublish a notice of issuance under 3 2.108; (v) Wi0 provide a hearhg after issuance. Ifonc has been requested by a person who satisfies the provisions for fntervenUon called for in 3?.?14 of this

chapter, (vi)W0l require the licensee to explain the exigency and why the Iic'ensee cannot avoid it, and use its normal public notice and comment procedures In paragraph (a)(2) of this

~ection ifit determines that the Bcensee has failed to use Its best efforts to make

> a timely application for the amendment g fn order to create the exigency and to take advantage of this procedure.

(?) Where the Commission finds that d7p significant hazards considerations arc involved, ft w0l Issue a Federal Register notfce providing an opportunity for a prior hearfng even fn an emergency sftuation. unless it finds an imminent danger to tha health oe safety of the public, in which case ltwillissue an appropriate order or nde under 10 CFR Part 2.

(b) State consultation.

(1) ht thc time ~ licensee requests an amendment. ft must notify the State in 5046c (next page is 5047)

Jtfl)t 3$ ) 1996 (reset)

? 713(c).

(

I

~

l O 2.7)i Intervention.

(a)(1)

Any person whose interest may be affected by a proceeding and who desires to participate as a party shall file a written petition for leave to intervene. In a proceeding noticed pur-suant to 5 2.105, any person whose fn-terest may be affected may also re-quest, a hearing. The petition and/or request shall be filed not later than the time specffied in the notice of 5 hearing, or as provided by the Com.

j mission. the presiding officer or the

< atomic safety and licensing board des-

'. Ignated to rule on the petition and/or X request, or as provided ln 5 2.102(dN3).

Nontimely ffiings will not be enter-tained absent a determination by the Commission, the presiding officer or the atomic safety and licensing board designated to rule on the petition snd/

or request, that t)1e petition and/or re.

quest should be granted based upon a balancing of the following factors ln addition to those set out fn paragraph (d)(1) of this section:

(I) Good cause, if any, for failure to flic on time.

(II) The availability of other means whereby the petitioner's Interest will be protected.

5 (lii) The extent to whfch the peti-g

~ tfoner's participation may reasonably <

- be expected to assist in developing s u.

ii sound record.

(iv) The extent to which the petf.

" tioner's interest will be represented by existing parties.

(v) The extent to whfch the petftion-er's participation will broaden the Issues or delay the proceeding.

(2) The petition shall set forth with partfcularity the Interest of the peti-tioner in the proceeding, how that in.

terest msy be affected by the results g of the proceeding, including the rea-

- sons why petitioner should e permit g ted to intervene, with particular refer-

, u-ence to the factors In paragraph(d)(1)of W this section. and the specific aspect or aspects of the subject matter of the proceeding as to which petitioner wishes to Intervene.

(3) Any person who has flied a peti-t tlon for leave to intervene or who has been admitted as a party pursuant to this section may amend hfs petition for leave to intervene. h petition may be amended without prior approval of the presldfng officer at any tfme up to fffteen (15) days prior to the holding of the special prehearing conference m pursuant to 5 2.75la, or where no spe>>

~ clal prehearing conference is held. fif-

~ teen (15) days prior to the holding of the first prehearing conference. After this time a petltlon may be amended only with approval of the presiding of-ficer, based on a balancing of the fac-tors speclffed In paragraph (a)(1) of this section. Such an amended petition for leave to intervene must satisfy the requirements of this paragraph (s) of this section pertaining to speclflefty.

(b)(1) Not later than fifteen (15) days prior to the holding of the special prehearing conference pursuant to 2.751a. or ifno special prehearing conference is held, fifteen (15) days prior to the holdfng of the first prehearing conference, the petitioner shall file a supplement to his or her petition to intervene that must Include a list ofthe cortentions which petiUoner seeks to have litigated fn the hearing. A petiUoner who fails to file a supplement that satisfies the requirements of paragraph (b)(2) of this section with respect to at least one contention will not be permitted to participate as a party. Additional tfme for filingthe supplement may be granted based upon a balancing of the factors fn paragraph (a)(1) ofthis section.

(2) Each contention must consist of a specific statement of the issue of law or fact to be raised or controverted. In addition. the petiUoner shall provide the followinginformation with respect to each contention:

(I)A brief explanaUon of the bases of the contention.

(ii)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, together with references to those specific sources and documents ofwhich the petitioner is aware and on which the petitioner intends to rely to establish those facts or expert opinion.

(iii)Suricient information (which may include information pursuant to paragraphs (b)(2)(i) and (ii)of this section) to show that a genuine dispute exists with the applicant on a material fssue of law or fact. This showing must include references to the specific portions of the application (including the applicant's environmental report and safety report) that the petitioner disputes and the supporting reasons for each dispute. or, ifthe petiUoner believes that the application fails to contain information on a relevant matter as required by law, the identification of each failure and the supporting reasons for the petitioner's belief. On issues arising under the National Environmental Policy Act. the petitioner shall file contentions based on the applicant's environmental report. The petiUoner can amend those contentions or file new contentions ifthere are data or conclusions fn the NRC draft or final environmental impact statement, environmental assessment.

or any supplements relating thereto, that differ significantly from the data or conclusions in the applicant's document.

(c) Any party to a proceeding may file an answer to a petition for leave to intervene or a supplement thereto within ten (10) days after service of the petition or supplement. with particular attention PART 2 ~ RULE PRACTICE FOR DOMESTIC LICEN PROCEEDINGS-.

September 29, 1995 2-22

2.714(c)

PART 2 LES 0 to the factors set forth in paragraph (d)(I) of this section. The staff may file such an answer within fifteen (15) days after service of the petition or supplement.

(d) The Commission. the presiding officer. or the Atomic Safety and Ucensing Board designated to rule on petitions to intervene and/or requests for hearing shall permit intervention, in any hearing on an application for a license to receive and possess high.level radioactive waste at a geologic repository operations area. by the State in which such area is located and by any affected Indian Tribe as defined in part 80 of this cha pter. In ail other circumstances.

such ruling body or officer shall. in ruling on-(1) A petition for leave to intervene or a request for a hearing. consider the following factors. among other things:

(i) The nature of the petitioner's right under the Act to be made a party to the proceeding.

(ii)The nature and extent of the petitioner's property. financial. or other interest in the proceeding.

(iii)The possible effect of any order that may be entered in the proceeding on the petitioner's interest.

(2) The admissibility of a contention.

refuse to admit a contention if:

F PRACTICE FOR DOMESTIC " NSING PROCEEDINGS" (I) Unless otherwise ex pro-vided in the order allowing interven-tion, the granting of a petition for I leave to intervene does not change or Q enlarge the Issues specified in the P notice of hearing.

0) The provisions of this section do L

not apply to license applications docketed under subpart J of this part.

(i) The contention and supporting material fail to satisfy the requirements of paragraph (b)(2) of this section: or (ii)The contention. ifproven. would be of no consequence in the proceeding because it would not entitle petitioner to relief.

(e) lfthe Commission or the presiding officer determines that any of the admitted contentions coristitute pure issues of law. those contentions must be decided on the basis of briefs or oral argument according to a schedule

determined by the Commission or presiding officer.

(f)hn order permitting intervention and/or directing a hearing may be conditioned on such terms as the Com.

mission, presiding officer or the desig-nated atomic safety and licensing board may direct in the Interests of:

(1) Restricting irrelevant, duplicative, or repetitive evidence and argument,-

(2) having common Interests repre-sented by a spokesman, and (3) rc.tain-1ng authority to determine priorities and control the compass of the hear-Ing.

(g) In any case in which, after con-sideration of the factors set forth in paragraph (d)(1) of this

section, the Commissior. or the presiding officer finds that the petitioner's interest Ia 11mlted to one or more of the Issues In-volved 1n the proceedirig. any order al.

lowing intervention shall limithts par-tfclpa(Ion according)y.

(h) h person permitted to intervene becomes a party to the proceeding.

subject to any limitations Imposed pursuant to paragraph (f) of this sec-'fon.

2-23 4

c September ~u, I99i

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) PROM j Cindy Gagne

- Pulton, NY

. Linda Downing

~ Mexico, NY I

i TO.

DUE: 05/28/97 EDO CONTROL: 6970364 DOC DT: 05/14/97 5'INAL REPLY:

'EDO Principal Correspondence Control

>.DATE: 05/16/97 ASSIGNED TO:

CONTACT:

NRR Collins SPECIAL INSTRUCTIONS OR REMARKS:

Put EDO and Chairman on for concurrence.

Chairman's office to review response prior to dispatch.

'hairman Jackson POR SIGNATURE OF Office Director

"= DESC:

AMENDMENT OF THE OPERATING LICENSE POR NINE MILE POINT i CRC NO: 97-0481 ROUTING:

Callan 3'ordan Thompson Norry Blaha Burns Miller, RI NR RECEIVED:.

HAY 16, 1992 ARR ACTION:

DRPE DURGA

!IRR ROUTING:.

COLLINS

-NIRAGLIA

'IHNERMAN MRTIN

'SLOSSON TRAVERS BOHRER

~ V~y~

L 4

ACT!ON

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4' n

OFFICE OF THE SECRETARY CORRESPONDENCE CONTROL TICKET PAPER NUMBER ACTION OFFICE:

CRC-97-0481

EDO, LOGGING DATE: May 15 97 AUTHOR:

AFFILIATION:

ADDRESSEE:

LETTER DATE:

SUBJECT ACTION:

DISTRIBUTION CINDNY EUGNE~

NEW YORK CHAIRMAN JACKSON May 14 97 FILE CODE: IDR-5 NINE MILE POINT AMENDMENT OF THE OPERATING LICENSE FOR NINE MILE POINT 4 Direct Reply CHAIRMAN SPECIAL HANDLING SECY TO ACK CONSTITUENT:

NOTES OCM f8513 CHAIRMAN SHOULD REVIEW RESPONSE PRIOR"TO DISPATCH DATE DUE:

SIGNATURE:

AFFILIATION:

May 30 97 DATE SIGNED:

EDO -- G9703$ 4

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