ML20066J520
| ML20066J520 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 02/21/1991 |
| From: | Edison G Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML20066J522 | List: |
| References | |
| NUDOCS 9102260263 | |
| Download: ML20066J520 (9) | |
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,s 7590-01 UNITED STATES NUCLEAR PEGULATORY COMMISSION PtfBLIC SERVICE COMPANY'0F NEW HAMPSHIRE DOCKET N0. 50.443 CONSIDERATI0H OF ISSUANCE OF AMENDMENT TO FACILITY OPERATlHG I
LICENSE AhD PROPOSED'NO SIGNIFICANT HAZARDS CONSIDERATION DETERhlNATION AND OPPORTUNITY FOR HEARING FOR TRANSFER OF OWNERSHIP 1NTEREST AND OPPORTUNITY FOR PUBLIC COMMENT ON ANTITRUST ISSUES The-U.S. Nuclear Regulatory Commission (the Comission) is considering issuance of an amendment to Facility Operating License No. NPF-86, issued to the Public Service Company of New Hampshire (the licensee), for operation of the Seabrook Station located in Rockingham County, New Hampshire.
The licensee submitted a request for an amendment by letter, dated November 13,1990'as supplemented on January 14, 1991.
The proposed amendment would authorize a newly created entity, North Atlantic Energy Corporation (NAEC), to be. included as a Itcensee and to acquire and possess Public Service Company of New Hampshire's (PSNH) ownership interest in Scabrook Station, Unit 1 (Seabrook).
As described in the application, the transfer from PSNH to HAEC is a part of the reorganization plan ordered by the Bankruptcy Court as a resolution to the pending PSNH bankruptcy proceedings.
The reorganization plan involves _the acquisitionofPSNHbyNortheastUtilities(NU)and,throughamergeraction, the-formation of NAEC and Reorganized PSNH as two wholly owned subsidiaries of NU.- NAEC will acquire PSNH's 35.56942% ownership share of Seabrook, and Reorganized PSHH will acquire the other assets of PSNH.- After the merger, 9102260263 9102211 ADOCK 050 g 3 DR c.,.,-
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NAEJ will enter into a life-of-the-unit power contract for u,e sale of all of its share of the capacity and energy from Seabrook to Reorganized PSNH, Before issuance of the proposed license amendment, the Connission will have made findings required by the Atomic Enerpy Act of 1954, as amended (the Act) and the Commission's regulations.
The Connission has made a proposed determination that the request for amendment involves no significant hazards consideration.
Under the Connission's regulations in 10 CFR 50.92, this means that operation of the facility in Pccordance with the proposed amendment would not (1) involve a significant increase in the probability or consecuences 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.
The licensee addressed the above three standards in the amendment application and determined that the proposed changes do not involve significant hazards considerations.
In regard to the three standards, the licensee provided the following analysis.
(1) Operation of the facility in accordance with the proposed amendment would not involve a significant increase in the probability or consecuences of an accident previously evaluat^d, As a result of the proposeu license amendment, there will be no physical change to the Seabrook facility, and all Limiting Conditions for Operation, Limiting Safety System Settings and Safety Limits specified in the Technical Specifications will remain unchanged. Also, the Seabrook Quality Assurance Program, and the Seabrook Emergency Plan, Security Plan, and Operator Training and Requalification Program will be unaffected.
(2) The proposed changes would not create the possibility of a new or different kind of accident from any accident previously evalueted.
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The proposed amendment will have no effect on the physical configuration of Seabrook or the manner in which it will operate.
The Seabrook plant design and design basis will remain the same.
The current plant safety anelyses will therefore remain complete and accurate ir, cc'cressing the design basis events and in analyzing plant response and consequences.
The limiting Conditions for Operation, limiting Safety System Settings and Safety Limits specified in the Technical Specificttions for Seabrook ere nnt affected by the proposed license amendment.
As such, the plant conditions for which the design basis accident analyses have been performed will remain valid. Therefore, the proposed license amendment will not create the possibility of a new or different kind of accident from any accident previously evaluated.
(3) Use of the modified specification would not involve a significant reduction in a margin of safety.
Plant sete'y margins are established through limiting Conditions for Operation, Limiting Safety System Settings and Safety limits specified in the Technical Specifications.
Since there will be no change to the physical design or operation of the plant, there will be no change to any of these margins.
Thus, the proposed license amendment will not involve a significant reduction in a margin of safety.
The staff has reviewed the licensee's no significant hazards consideration determination analysis.
Based upon its review, the staff agrees with the licensee's analysis.
Therefore, based on the above considerations, the Commission has made a proposed determination that the amandment reouest involves no significant hazards consideration.
The Comission 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.
The Commission will not normally make a final determination unless it receives a request for a hearing.
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Written comments may be submitted by mail to the Regulatory Publications Branch, Division of Freedom of Information and "S11 cations Services, Office of Administration, 0.5. Nuclear Regulatory Comission, Washington, D.C.
- 20555, and should cite the publication date and pa e number of this FEDERAL REGISTER 1
stotice.
Written coments may also be delivered to Room P-223, Phillips Building, 7920 Norfolk Avenue, Bethesda, Maryland, from 7:30 a.m..to 4: 15 p.m.
Copies of-written coments received may be examined at the NRC Public Document Room, the Gelman Building, 2120 L Street, N.W., Washington,.D.C. The_ filing of requests for hearing and petitions for leave to intervene is discussed below.
By Apr:11 1,1991
, the licensee may file a request for a hearing with respect to issuance of the amendment to the subject facility operating license and any perr.on whose' interest may be affected by this proceeding and who wishes to participate as a party in the proceeding must file a written petition for c
leave _to intervene. Requests _for.a hearing and petitions for leave to intervene shall bCfiled in accordance with the Comission's " Rules _of Practice for i
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 Comission's Public' Document Room, the Gelman Building, 2120 L Street, N.W., Washington, D.C.-20555 and at the Local Public Document Room. located at the Exeter Public Library, 47 Front Street, Exeter, New Hampshire, 03833.
If a request for-a hetring or-petition for leave to intervene is filed by the above date, the Comission or'an Atomic: Safety and Licensing Board, designated by the Comission or by the Chairmen 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.
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As required by 10 CFR 2.714, a petition for leave to intervene shall set forth with particularity the 'ntorest of the petitinner 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 a party to the proceeding:
4 (2) the nature and extent of the petitioner's property, financial, or other interest in the proceedings 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 petitiortr withes 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 fifteen (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 fifteen (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 1
references-to those specific sources and documents of which the petitioner is N
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aware end on which the petitioner intends to rely to establish those facts or expert ooinion.
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.
If a hearing is requested,.the Commission will make a finai determination i
on the issue of no significant' hazards consideration.
The final determination 4
will serve to. decide when the hearing is held.
If the final: determination is that the reouest for amendment involves no significant hazards consideration, the Commission may issue the amendment and
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make it_ effective, notwithstanding the request for a hearing. Any hearing held would_take place-after issuance of the amendment.
lf a final determination is that the amendment involves a significant hazards consideration,-any hearing held would take place before the issuance-of any amendment.
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,
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in derating or shutdown of the f acility, 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 a notice of issuante and provice for opportunity for a hearing after issuance.
The Commission expects that the need to take this action will occur very infrecuently.
A reouest 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, D.C 20555, Attention: Docketing and Services Branch, or may be delivered to the Commission's Public Document Room, the Gelman Building, 2120 L Street, N.W. Washington, D.C. 20555, by the above date. Where petitions are filed during the last ten (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) 325-6000 (in Missouri 1-(800)342-6700). The Western Union operator should be given Datagram Identification Number 3737 and the following message addressed to Richard Wessmant petitioner's name and telephone numbers date petition was mailed; plant names 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 Connission, Washington, D.C. 20555, and to John A. Ritscher, Esq., Ropes and Gray, One International Place, Boston, PA 02110, attorney for the licensee.
Nontimely filings of petitions fer leave tc intervene, amended petitions, supplemental petitions and/or requests for hearing will not be entertained absent 1
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s-e-a determination by the Comission, 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) i and2.714(d).
Antitrust Issues: Pursuant to 10 CFR 2.101 and 50.80 of the Comission's Regulations, the staff is publishing receipt of PSHH's request to transfer the stated ownership interest in Seabrook from PSNH to flAEC.
Any person who wishes to express views relating to any antitrust issues believed to be raised by this transfer request should submit said views within 30 days of the initial publication of this Notice in the Federal Register to the U.S. Nuclear Regulatory Comission, Washington, D.C.
20555, Attention:
Chief, Policy Development and Technical Support Branch Office of Nuclear Reactor Regulation. The Director _ of the Office of fluclear Reactor Regulation will issue a finding whether significant changes in the licensees' activities or proposed activities have occurred since the completion of the previous antitrust review.
Although the staff is providing the opportunity for coments pursuant to the competitive aspects of the proposed transfer, the staff would like to note that it is aware of and is closely following the proceeding at the Federal Energy Regulatory Comission (FERC) that, among other concerns, is addressing competitive aspects of the proposed acquisition of PSNH by NU.
The NRC will consider the FERC proceeding to the maximum extent possible in resolving issues brought before the NRC.
For further details with respect to this action, see the application for amendment dated November 13, 1990 as supplemented on January 14, 1991, which is available for public inspection at the Comission's Public Document Room, I
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1 the Gelcan Building, 2120 L Street, N.W., Washington, D.C. 20555, and at the Local Public DocuMnt Room, located at Exeter Public Library, 47 Front Street.
Exeter, New Hampshire 03833.
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-- Dated at Rockville, Maryland, this day of Mw
} <l q l FOR THE NUCLEAR REGULATORY COMMISSION V i
Gordon Edison, Senior Project Manager Project Directorate 1-3 Division of Reactor Projects - I/II Office of Nuclear Reactor Regulation T
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