[Federal Register Volume 62, Number 23 (Tuesday, February 4, 1997)]
[Notices]
[Pages 5256-5258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2685]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-266 and 50-301]
Wisconsin Electric Power Company; Notice of Consideration of
Issuance of Amendments 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 amendments to Facility Operating License Nos.
DPR-24 and DPR-27 issued to Wisconsin Electric Power Company (the
licensee), for operation of the Point Beach Nuclear Power Plant, Units
1 and 2, located in Manitowoc County, Wisconsin.
The proposed amendments would change Technical Specification
requirements related to the low temperature overpressure protection
(LTOP) system. Specifically, the reactor coolant system (RCS)
temperature below which LTOP is required to be enabled and the
temperature below which one high pressure safety injection pump is
required to be rendered inoperable would be changed from less than 275
degrees Fahrenheit to less than 355 degrees Fahrenheit. Additionally,
the restriction of ``less than the minimum pressurization temperature
for the inservice pressure test as defined in Figure 15.3.1-1'' would
be deleted and the specific temperature limit of less than 355 degrees
Fahrenheit would be specified. The setpoint for the pressurizer power-
operated relief valves (PORVs) would be changed from less than or equal
to 425 pounds per square inch gage (psig) to less than or equal to 440
psig to allow for instrument
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inaccuracies and increased margin allowed by the use of American
Society of Mechanical Engineers (ASME) Boiler and Pressure Vessel Code
Case N-514. These modified requirements for LTOP ensure that RCS
materials meet the requirements of Title 10 of the Code of Federal
Regulations, Section 50.60, ``Acceptance Criteria for Fracture
Prevention Measures for Lightwater Nuclear Power Reactors for Normal
Operation'' (10 CFR 50.60) in accordance with 10 CFR Part 50,
Appendices G and H, and in accordance with the exemption granted on
January 27, 1997, which allows the use of ASME Code Case N-514 as an
acceptable alternative. Finally, editorial changes would be made to
rename the ``Overpressure Mitigating System'' to the ``Low Temperature
Overpressure Protection System.'' The proposed amendment requests
revise a previous submittal dated September 19, 1996, as supplemented
November 18, 1996. The September 19, 1996, application was noticed in
the Federal Register on October 1, 1996 (61 FR 51308).
On January 27, 1997, the NRC granted an exemption request submitted
by the licensee on July 1, 1996. The licensee submitted the revised
amendment requests, based on receiving the exemption, to eliminate the
restriction on reactor coolant pump operation and to revise PORV
setpoints. The licensee's January 13, 1997, submittal, as supplemented
on January 27, 1997, stated that the conclusions provided in the
September 19, 1996, ``No Significant Hazards Consideration'' were not
altered by the additional information provided in its January 13, 1997,
submittal, as supplemented on January 27, 1997.
The January 27, 1997, submittal requested the proposed amendments
be handled on an exigent basis based on the current schedule which
indicates that reactor vessel head tensioning will begin on February
10, 1997. An operable LTOP system is required after the head is
tensioned to ensure safe operation unless adequate venting capability
is provided.
Before issuance of the proposed license amendments, the Commission
will have made findings required by the Atomic Energy Act of 1954, as
amended (the Act) and the Commission's regulations.
Pursuant to 10 CFR 50.91(a)(6) for amendments to be granted under
exigent circumstances, the NRC staff must determine that the amendment
requests involve 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 amendments 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. The NRC staff has
reviewed the licensee's analysis against the standards of 10 CFR
50.92(c). The NRC staff's review is presented below.
(1) The proposed changes do not involve a significant increase in
the probability or consequences of an accident previously evaluated.
The proposed changes will explicitly define the temperature at
which LTOP is required to be enabled, raise the temperature at which
one high pressure safety injection pump is required to be rendered
inoperable, and increase the setpoint of the PORVs. The changes do not
affect any accident analyses since the LTOP is required only when RCS
temperatures are low. LTOP is not required during power operation. The
consequences or probability of a previously evaluated accident will,
therefore, not significantly be increased.
(2) The proposed changes do not create the possibility of a new or
different kind of accident from any accident previously evaluated.
The proposed changes will still meet the requirements for fracture
toughness requirements required by 10 CFR 50.60 as modified by the use
of ASME Code Case N-514 which was approved as an alternative to
describe requirements in 10 CFR Part 50, Appendices G and H. Therefore,
a new or different kind of accident is not created.
(3) The proposed changes do not result in a significant reduction
in the margin of safety.
The proposed changes increase the range of the temperature region
where the LTOP system is needed, while increasing the allowed setpoint
pressure by only 3.5 percent. Therefore, these changes do not involve a
significant reduction in a margin of safety.
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 requests involve no significant hazards
consideration.
The Commission is seeking public comments on this proposed
determination. Any comments received within 15 days after the date of
publication of this notice will be considered in making any final
determination.
Normally, the Commission will not issue the amendments until the
expiration of the 15-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 amendments before the expiration
of the 15-day notice period, provided that its final determination is
that the amendments involve 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. 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
Review and Directives Branch, Division of Freedom of Information and
Publications 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 6D22, 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.
The filing of requests for hearing and petitions for leave to
intervene is discussed below.
By March 6, 1997, the licensee may file a request for a hearing
with respect to issuance of the amendments 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 Joseph P. Mann Library, 1516 Sixteenth
Street, Two Rivers, Wisconsin. If a request for a hearing or petition
for leave to intervene is filed by the above date, the
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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 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 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.
If the amendments are issued before the expiration of the 30-day
hearing period, the Commission will make a final determination on the
issue of no significant hazards consideration. If a hearing is
requested, the final determination will serve to decide when the
hearing is held.
If the final determination is that the amendment requests involve
no significant hazards consideration, the Commission may issue the
amendments and make them immediately effective, notwithstanding the
request for a hearing. Any hearing held would take place after issuance
of the amendments.
If the final determination is that the amendment requests involve a
significant hazards consideration, any hearing held would take place
before the issuance of any amendments.
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: 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 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: 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 Gerald
Charnoff, Esq., Shaw, Pittman, Potts, and Trowbridge, 2300 N Street,
NW., Washington, DC 20037, 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).
For further details with respect to this action, see the
applications for amendment dated September 19, 1996, as supplemented
November 18, 1996, and revised January 13, 1997, and supplemented on
January 27, 1997, 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 Joseph P. Mann Library, 1516 Sixteenth Street, Two Rivers,
Wisconsin.
Dated at Rockville, Maryland, this 30th day of January 1997.
For the Nuclear Regulatory Commission.
Linda L. Gundrum,
Project Manager, Project Directorate III-1, Division of Reactor
Projects--III/IV, Office of Nuclear Reactor Regulation.
[FR Doc. 97-2685 Filed 2-3-97; 8:45 am]
BILLING CODE 7590-01-P