[Federal Register Volume 63, Number 38 (Thursday, February 26, 1998)]
[Notices]
[Pages 9872-9874]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-4957]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-331]
IES Utilities Inc., Central Iowa Power Cooperative, Corn Belt
Power Cooperative; 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-49 issued to IES Utilities Inc., Central Iowa Power Cooperative,
and Corn Belt Power Cooperative (the licensee) for operation of the
Duane Arnold Energy Center, located in Linn County, Iowa.
The proposed amendment would change the operability requirement for
the Standby Liquid Control system to Run/Power Operations and Startup.
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
[[Page 9873]]
(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) The proposed amendment will not involve a significant
increase in the probability or consequences of an accident
previously evaluated. In STARTUP and RUN/POWER OPERATIONS, the
standby liquid control (SLC) system is required to provide shutdown
capability. In HOT SHUTDOWN and COLD SHUTDOWN, control rods are not
able to be withdrawn since the reactor mode switch is in Shutdown
and a control rod block is applied. This provides adequate controls
to ensure that the reactor remains subcritical. In REFUELING mode,
only a single control rod can be withdrawn from a core cell
containing fuel assemblies. Demonstration of adequate SDM (LCO
3.1.1, ``SHUTDOWN MARGIN'') ensures that the reactor will not become
critical. The SLC System is not required to be OPERABLE when only a
single control rod can be withdrawn. Therefore, this change does not
involve a significant increase in the probability or consequences of
an accident previously evaluated.
(2) The proposed amendment will not create the possibility of a
new or different kind of accident from any accident previously
evaluated. As stated above, the SLC system is only required to
provide shutdown capability to mitigate accidents in the STARTUP and
RUN/POWER OPERATIONS modes. The proposed change does not affect this
requirement. This change does not create the possibility of a new or
different kind of accident from any accident previously evaluated.
(3) The proposed change does not involve a significant reduction
in a margin of safety. The proposed change does not affect the
ability of the SLC system to achieve plant shutdown under analyzed
conditions. 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 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 30, 1998 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 Cedar Rapids Public Library, 500 First
Street, SE., Cedar Rapids, Iowa 52401. 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
[[Page 9874]]
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 close of business on 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 Jack Newman,
Al Gutterman, Morgan, Lewis & Brockius, 1800 M Street, NW., Washington,
DC 20036-5869, 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 February 3, 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 Cedar Rapids Public Library, 500
First Street, SE., Cedar Rapids, Iowa 52401.
Dated at Rockville, Maryland, this day of February 1998.
For the Nuclear Regulatory Commission.
John B. Hickman,
Acting Project Manager, Project Directorate III-3, Division of Reactor
Projects--III/IV, Office of Nuclear Reactor Regulation.
[FR Doc. 98-4957 Filed 2-25-98; 8:45 am]
BILLING CODE 7590-01-P
