[Federal Register Volume 63, Number 243 (Friday, December 18, 1998)]
[Notices]
[Pages 70168-70169]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33588]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-271]
Vermont Yankee Nuclear Power Corporation; 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 an amendment to Facility Operating License No.
DPR-28 issued to Vermont Yankee Nuclear Power Corporation (the
licensee) for operation of the Vermont Yankee Nuclear Power Station
located in Windham County, Vermont.
The proposed amendment would allow intermittent opening of manual
primary containment isolation valves with appropriate administrative
controls. Opening these valves is necessary to perform routine
evolutions such as surveillances, sampling and venting/draining of
plant systems.
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. Does the change involve a significant increase in the
probability or consequences of an accident previously evaluated?
This change allows an isolated primary containment penetration to
be opened as necessary to meet operational objectives defined in
applicable Technical Specifications and/or approved plant procedures.
Primary containment isolation is not considered an initiator of any
previously analyzed accident. Therefore, this change does not
significantly increase the probability of such accidents. Although
primary containment isolation is considered in the mitigation of the
consequences of an accident, administrative controls provide acceptable
compensatory actions to assure the penetration is isolated in the event
of an accident. Therefore, the consequences of a previously analyzed
event that may occur during the opening of the isolated line are not
significantly increased.
2. Does the change create the possibility of a new or different
kind of accident from any previously evaluated?
This change allows temporary breaches of the primary containment
boundary under strict administrative controls, for the purposes of
conducting normal operational evolutions required by other Technical
Specifications and/or approved plant procedures. In the event
containment isolation is required while any flow path is open under
administrative controls, provisions exist to isolate that flow path
with a single active-failure-proof boundary as required by the primary
containment Technical Specification Limiting Conditions for Operation.
Therefore, this change does not create the possibility of a new or
different kind of accident from any previously analyzed accident.
3. Does the change involve a significant reduction in a margin of
safety?
The margin of safety considered in determining the required
compensatory action is also based on providing the single active-
failure-proof boundary. Opening of primary containment penetrations on
an intermittent basis is required for performance of routine evolutions
as noted previously. Plant procedures administratively control the
opening and closing of the affected valves. The administrative controls
are defined in the Technical Specifications Bases. When a manual valve
is opened under these conditions, a dedicated operator, with whom
Control Room communication is immediately available, is stationed in
the immediate vicinity of the valve controls. In the event primary
containment must be rapidly reinstated, this individual will close the
valve in an expeditious manner. Once closed, this flow path will meet
the same single active-failure-proof criteria as other containment
penetrations. Since the flow path will be closed promptly on a
containment isolation demand, the valve will be open only slightly
longer than if it had been closed by an automatic actuator. Therefore,
this 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(c) 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 after 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 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
[[Page 70169]]
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 January 19, 1999, 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 at the local public
document room located at the Brooks Memorial Library, 224 Main Street,
Brattleboro, VT 05301. 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 Mr. David R. Lewis, Shaw, Pittman,
Potts and Trowbridge, 2300 N Street, NW., Washington, DC 20037-1128,,
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 11, 1998, 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 Brooks Memorial Library, 224 Main
Street, Brattleboro, VT 05301.
Dated at Rockville, Maryland, this 15th day of December, 1998.
For the Nuclear Regulatory Commission.
Richard P. Croteau,
Project Manager, Project Directorate I-3, Division of Reactor
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 98-33588 Filed 12-17-98; 8:45 am]
BILLING CODE 7590-01-P
