[Federal Register Volume 65, Number 9 (Thursday, January 13, 2000)]
[Notices]
[Pages 2199-2200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-812]
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NUCLEAR REGULATORY COMMISSION
Indiana Michigan Power Company
[Docket Nos. 50-315 and 50-316]
Notice of Consideration of Issuance of Amendment 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-58 and DPR-74 issued to Indiana Michigan Power Company (the
licensee) for operation of the Donald C. Cook Nuclear Power Plant,
Units 1 and 2, located in Berrien County, Michigan.
The proposed amendments would delete the Donald C. Cook (D.C.
Cook), Unit 1 and 2, Technical Specification (TS) 5.4.2, ``Reactor
Coolant System Volume,'' because the information regarding the reactor
coolant system (RCS) is not required by TS Section 5.0, ``Design
Features,'' for compliance with 10 CFR 50.36(c)(4). Changes to the RCS
volume information are included in the D.C. Cook Updated Final Safety
Analyses Report (UFSAR), and are controlled in accordance with 10 CFR
50.59.
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 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, which is presented
below:
1. Do the changes involve a significant increase in the
probability of occurrence or consequences of an accident previously
evaluated?
The proposed change to remove this information from T/S does not
affect any accident initiators or precursors. Elimination of the RCS
volume information from the T/S does not change the methods for
plant operation or actions to be taken in the event of an accident.
The quantity of radioactive material available for release in the
event of an accident is not increased. Barriers to release of
radioactive material are not eliminated or otherwise changed. More
detailed and complete RCS component and piping volume information is
included in the CNP [Cook Nuclear Plant] UFSAR, and changes to that
information would be evaluated prior to implementation in accordance
with 10 CFR 50.59. In addition, the proposed administrative format
changes do not affect any of the technical content of the T/S.
Therefore, there is no significant increase in the probability
of occurrence or consequences of an accident previously evaluated.
2. Do the changes create the possibility of a new or different
kind of accident from any accident previously evaluated?
The deletion of the RCS volume information from the T/S does not
change the methods of plant operation or modify plant systems,
structures, or components. No new methods of plant operation are
created. As such, the proposed change does not affect any accident
initiators or precursors or create new accident initiators or
precursors. More detailed and complete RCS component and piping
volume information is included in the CNP UFSAR, and any changes to
that information would be evaluated prior to implementation in
accordance with 10 CFR 50.59. In addition, the proposed
administrative format changes do not affect any of the technical
content of the T/S.
Therefore, the proposed change does not create the possibility
of a new or different kind of accident from any accident previously
evaluated.
3. Do the changes involve a significant reduction in a margin of
safety?
The deletion of the RCS volume information from the T/S does not
affect safety limits or limiting safety system settings. Plant
operational parameters are not affected. The proposed change does
not modify the quantity of radioactive material available for
release in the event of an accident. As such, the change will not
affect any previous safety margin assumptions or conditions. The
actual volume of the RCS is not affected by the change, only the
location of the text describing the volume. More detailed and
complete RCS component and piping volume information is included in
the CNP UFSAR, and any changes to that information would be
evaluated prior to implementation in accordance with 10 CFR 50.59.
In addition, the proposed administrative format changes do not
affect any of the technical content of the T/S.
Therefore, the proposed change does not involve a significant
reduction in a margin of safety.
The NRC staff has reviewed the licensee's analysis and, based on
this review, it appears that the three standards of 10 CFR 50.92 are
satisfied. Therefore, the NRC staff proposes to determine that the
amendment request involves no significant hazards consideration.
The Commission is seeking public comments on this proposed
determination. Any comments received within 30 days of 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
[[Page 2200]]
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.
Written comments may be submitted by mail to the Chief, Rules and
Directives Branch, Division of Administrative 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 6D59, 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 February 14, 2000, 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 accessible
electronically through the ADAMS Public Electronic Reading Room link at
the NRC Web site (http://www.nrc.gov). 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 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 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 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
Commission, 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 date. 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 David W. Jenkins, Esquire, One Cook
Place, Bridgman, MI 49106, 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
application for amendment dated December 22, 1999, which is available
for public inspection at the Commission's Public Document Room, the
Gelman Building, 2120 L Street, NW., Washington, DC, and accessible
electronically through the ADAMS Public Electronic Reading Room link at
the NRC Web site (http://www.nrc.gov).
Dated at Rockville, Maryland, this 10th day of January 2000.
For the Nuclear Regulatory Commission.
John F. Stang, Sr.,
Project Manager, Section 1, Project Directorate III, Division of
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 00-812 Filed 1-12-00; 8:45 am]
BILLING CODE 7590-01-P
