[Federal Register Volume 61, Number 41 (Thursday, February 29, 1996)]
[Notices]
[Pages 7822-7824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4684]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-440]
The Cleveland Electric Illuminating Company, Et Al.; 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.
NPF-58, issued to The Cleveland Electric Illuminating Company, et al.
(the licensee), for operation of the Perry Nuclear Power Plant, Unit 1,
located in Lake County, Ohio.
The proposed amendment would revise the Technical Specifications
(TS) to allow one main steam line's leakage rate to be as high as 35
standard cubic feet per hour (scfh) as long as the total leakage rate
through all four main steam lines does not exceed 100 scfh until the
end of Operating Cycle 6.
The need for a change to the main steam line leakage rate limits
became apparent on February 11, 1996, during surveillance testing of
the main steam lines. The ``C'' main steam line was found to exceed the
TS limit of 25 scfh by 3.1 scfh. However, the total of all four main
steam lines was less than 100 scfh. Repair of the responsible valve to
reduce the leakage below 25 scfh would provide no significant benefit
to safety, while involving an estimated 2 person-REM of radiation
exposure and an estimated 2200 person-hours of work. Plant startup from
the current refueling outage is scheduled for March 27, 1996.
Therefore, the license amendment is needed prior to that date to avoid
delaying plant startup. The request was submitted in a timely fashion
since discovery that the ``C'' main steam line exceeded the leakage
rate limits, and the circumstances could not have been avoided.
Pursuant to 10 CFR 50.91(a)(6) for amendments to be granted under
exigent circumstances, the NRC staff must determine 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. The proposed change does not involve a significant increase
in the probability or consequences of an accident previously
evaluated. The proposed TS change requests a relaxation of the
leakage rate requirements for one main steam line while preserving
the overall leakage rate limit for the main steam line penetrations.
The proposed leakage rate limit is well below any steam line leakage
rate that is used as an accident assumption, and the proposed change
would not increase the probability that a steam line rupture would
occur. Therefore, the probability of an accident previously
evaluated has not changed. In addition, the proposed overall leakage
rate limit is the leakage rate limit used in the accident analysis,
and that limit is not being changed by this proposal. Therefore, the
proposed change does not increase the consequences of an accident
previously evaluated.
2. The proposed change would not create the possibility of a new
or different kind of accident from any previously evaluated. The
proposed change increases the allowable leakage rate for one main
steam line, without changing the combined leakage rate for the four
main steam lines. This request does not change the method for
operation of the plant. Thus the requested change cannot create the
possibility of a new or different kind of accident from any
previously evaluated.
3. The proposed change will not involve a significant reduction
in the margin of safety. The proposed change does not revise the
overall leakage rate permitted in the present Specifications for
leakage through the main steam lines. An increase in the leakage
rate of any one main steam line is not considered in any accident
analysis. It is the combined main steam line penetration leakage
rate that is assumed in the accident analysis. Thus, since this
assumed leakage rate is not being revised, the proposed change does
not involve a significant reduction in the margin of safety.
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 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 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 amendment 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 amendment before the expiration of
the 15-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. The Commission expects that the need to
take this action will occur very infrequently.
Written comments may be submitted by mail to the Rules Review and
Directives Branch, Division of Freedom of Information and Publications
Services, Office of Administration, U.S. Nuclear Regulatory Commission,
Washington, DC 20555, 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 April 1, 1996, 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 Perry Public Library, 3753 Main Street,
Perry, Ohio. 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
[[Page 7824]]
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 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 the amendment is 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 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, 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 Gail H. Marcus: 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, and to Jay E. Silberg,
Shaw, Pittman, Potts & 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
application for amendment dated February 17, 1996, 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 Perry Public Library, 3753 Main
Street, Perry, Ohio.
Dated at Rockville, Maryland, this 23rd day of February 1996.
For the Nuclear Regulatory Commission.
Jon B. Hopkins,
Senior Project Manager, Project Directorate III-3, Division of Reactor
Projects-III/IV, Office of Nuclear Reactor Regulation.
[FR Doc. 96-4684 Filed 2-28-96; 8:45 am]
BILLING CODE 7590-01-P
