[Federal Register Volume 59, Number 72 (Thursday, April 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9009]
[[Page Unknown]]
[Federal Register: April 14, 1994]
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NUCLEAR REGULATORY COMMISSION
Illinois Power Co., et al.; Notice of Consideration of Issuance
of Amendment to Facility Operating License and Opportunity for a
Hearing
[Docket No. 50-461]
The U.S. Nuclear Regulatory Commission (the Commission) is
considering issuance of an amendment to Facility Operating License No.
NPF-62, issued to Illinois Power Company (the licensee), for operation
of the Clinton Power Station, Unit 1, located in Dewitt County,
Illinois.
The proposed amendment, requested by the licensee by letter of
October 26, 1993, would represent a full conversion from the current
Technical Specifications (TS) to a set of TS based on NUREG-1434,
``Improved BWR/6 Technical Specifications,'' Revision 0, September
1992. NUREG-1434 has been developed through working groups composed of
both NRC staff members and the BWR/6 owners and has been endorsed by
the staff as part of an industry-wide initiative to standardize and
improve TS. As part of this submittal, the licensee has applied the
criteria contained in the Final NRC Policy Statement on Technical
Specification Improvements to the current Clinton Power Station
Technical Specifications utilizing BWR Owners' Group (BWROG) report
NEDO-31466, ``Technical Specification Screening Criteria Application
and Risk Assessment,'' (and Supplement 1) as incorporated in NUREG-
1434.
The licensee has categorized the proposed changes into four general
groupings. These groupings are characterized as administrative changes,
relocated changes, more restrictive changes, and less restrictive
changes.
Administrative changes are those that involve reformatting,
renumbering and rewording of the existing TS. The reformatting,
renumbering and rewording process reflects the attributes of NUREG-1434
and do not involve technical changes to the existing TS. Such changes
are administrative in nature and do not impact initiators of analyzed
events or assumed mitigation of accident or transient events.
Relocated changes are those involving relocation of requirements
and surveillances for structures, systems, components or variables that
do not meet the criteria of inclusion in TS as identified in the
Application of Selection Criteria to the Clinton Power Station TS. The
affected structures, systems, components or variables are not assumed
to be initiators of analyzed events and are not assumed to mitigate
accident or transient events. The requirements and surveillances for
these affected structures, systems, components or variables will be
relocated from the TS to administratively controlled documents. Changes
made to these documents will be made pursuant to 10 CFR 50.59. In
addition, the affected structures, systems, components or variables are
addressed in existing surveillance procedures which are also subject to
10 CFR 50.59 and subject to the change control provision in the
Administrative Controls Section of the TS. These proposed changes will
not impose or eliminate any requirements.
More restrictive changes are those involving more stringent
requirements for operation of the facility. These more stringent
requirements do not result in operation that will alter assumptions
relative to mitigation of an accident or transient event. The more
restrictive requirements continue to ensure process variables,
structures, systems and components are maintained consistent with the
safety analyses and licensing basis.
Changes characterized as less restrictive have been subdivided into
four additional subcategories. They include:
(A) Relocating details to TS Bases, the Updated Safety Analysis
Report (USAR), or procedures. The requirements to be transposed from
the TS to the Bases, USAR or procedures are the same as those currently
included in the existing TS. The TS Bases, USAR and procedures
containing the relocated information are subject to 10 CFR 50.59 and
are subject to the change control provisions in the Administrative
Controls section of the TS.
(B) Extension of instrumentation surveillance test intervals and
allowed outage times. The proposed changes affect only the STIs and
AOTs and will not impact the function of monitoring system variables
over the anticipated ranges for normal operation, anticipated
operational occurrences, or accident conditions. However, the changes
are expected to reduce the test related plant scrams and test induced
wear on the equipment. General Electric Topical Reports GENE-770-06-1
and GENE-770-06-2 showed that the effects of these extensions of STIs
and AOTs, which produced negligible impact, are bounded by previous
analyses. Further, the NRC has reviewed these reports and approved the
conclusions on a generic basis.
(C) Relocation of instrumentation only requirements (which provide
no post-accident function). These requirements are part of routine
operational monitoring and are not considered in the safety analysis.
Changes made to the Bases, USAR and procedures containing the relocated
information will be made in accordance with 10 CFR 50.59 and are
subject to the change control provisions in the Administrative Controls
section of the TS. These proposed changes will not impose or eliminate
any requirements.
(D) Other less restrictive changes. Additional changes that result
in less restrictions in the TS are discussed individually in the
licensee's submittal.
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.
By May 16, 1994, 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 petitions 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 20555 and at the local
public document room located at the Vespasian Warner Public Libary, 120
West Johnson Street, Clinton, Illinois 61727. 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 a 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 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 schedule 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
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 material issue of law or fact. Contentions shall be
limited to matters within the scope of the amendments 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.
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, Attention: Docketing and Services
Branch, or may be delivered to the Commission's Public Document Room,
the Gelman Building, 2120 L Street NW., Washington, DC, 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) 248-5100 (in Missouri 1-(800) 342-6700). The Western Union
operator should be given Datagram Identification Number N1023 and the
following message addressed to John N. Hannon, Director, Project
Directorate III-3: petitioner's name and telephone number, date
petition was mailed, plant name, and publication date and page number
of the 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, and to Sheldon Zabel, Esq., Schiff,
Hardin and Waite, 7200 Sears Tower, 233 Wacker Drive, Chicago, Illinois
60606, 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).
If a request for a hearing is received, the Commission's staff may
issue the amendment after it completes its technical review and prior
to the completion of any required hearing if it publishes a further
notice for public comment of its proposed finding of no significant
hazards considerations in accordance with 10 CFR 50.91 and 50.92.
For further details with respect to this action, see the
application for amendment dated October 26, 1993, which is available
for public inspection at the Commission's Public Document Room, the
Gelman Building, 2120 L Street, NW., Washington, DC 20555, and at the
local public document room, located at the Vespasian Warner Public
Library, 120 Johnson Street, Clinton, Illinois 61727.
Dated at Rockville, Maryland, this 7th day of April 1994.
For the Nuclear Regulatory Commission.
John N. Hannon,
Director, Project Directorate III-3, Division of Reactor Projects III/
IV, Office of Nuclear Reactor Regulation.
[FR Doc. 94-9009 Filed 4-13-94; 8:45 am]
BILLING CODE 7590-01-M