96-6113. Wolf Creek Nuclear Operating Corporation; Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing  

  • [Federal Register Volume 61, Number 50 (Wednesday, March 13, 1996)]
    [Notices]
    [Pages 10389-10391]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-6113]
    
    
    
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    NUCLEAR REGULATORY COMMISSION
    [Docket No. 50-482]
    
    
    Wolf Creek Nuclear Operating 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. 
    NPF-42, issued to Wolf Creek Nuclear Operating Corporation (the 
    licensee), for operation of the Wolf Creek Nuclear Generating Station 
    located in Coffey County, Kansas.
        The proposed amendment would revise Technical Specification Figure 
    2.1-1, ``Reactor Core Safety Limit--Four Loops in Operation,'' Table 
    2.2-1, ``Reactor Trip System Instrumentation Setpoints,'' and Table 
    3.2-1, ``DNB Parameters,'' to allow operation of the Wolf Creek Nuclear 
    Generating Station (WCGS) with decreased indicated reactor coolant 
    system (RCS) flow.
        The requested change is required to allow WCGS to operate at full 
    rated power following restart after the eighth refueling outage should 
    the indicated flow be below the current minimum measured flow.
        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.
        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
    
    [[Page 10390]]
    (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 probability of occurrence and the consequences of an event 
    evaluated previously in the Updated Safety Analysis Report (USAR) 
    are not increased due to the proposed technical specification 
    changes. The technical specification changes being requested are to 
    reflect revised core design parameters affected by the Cycle 9 core 
    reload geometry, and instrumentation setpoint changes needed to 
    ensure accurate measurement of reactor thermal power in order to 
    allow the unit to operate at rated thermal power during Cycle 9. 
    Each USAR Chapter 15 event was evaluated to determine the impact of 
    the reduction in thermal design flow. The events in which the margin 
    to the acceptance criteria was decreased were reanalyzed to support 
    the 3.5% flow reduction. Generally, the RCS heat-up events fall into 
    this category as the reduction in RCS flow results in decreased heat 
    removal capacity. Evaluations of these events were performed using 
    bounding core state parameters based on the previous Safety Analysis 
    submitted in support of the WCGS Power Rerate Program, approved in 
    WCGS Technical Specification Amendment 69. Results of the analyses 
    and evaluations performed for the reduction in thermal design flow 
    for Cycle 9 indicate that all acceptance criteria for USAR Chapter 
    15 events continue to be met.
        2. The proposed change does not create the possibility of a new 
    or different kind of accident from any accident previously 
    evaluated.
        The requested changes do not create the possibility of a new or 
    different kind of event or malfunction from any previously 
    evaluated. The proposed changes do not change the method and manner 
    of plant operation, nor is any new equipment being installed. 
    Neither the proposed reduction in thermal design flow nor the 
    increase in the Low Pressurizer Pressure Trip setpoint will create 
    the possibility of an event of a different type than previously 
    evaluated in the USAR.
        The proposed Technical Specification changes are bounded by the 
    current conditions with respect to system dynamic loading, 
    environmental equipment qualification, and rejection of heat to the 
    Ultimate Heat Sink. These analyses are bounded by the current 
    analyses due to the conclusion that the mass and energy releases 
    will not be impacted by the proposed change. This conclusion is also 
    based on the fact that the current operating conditions bound the 
    proposed operating conditions with respect to the secondary system 
    operating parameters.
        3. The proposed change does not involve a significant reduction 
    in a margin of safety.
        In general, the Low Pressurizer Pressure Trip setpoint is chosen 
    at a conservatively low value (1885 psig) for the safety analyses. 
    The safety margin (to prevent DNB) is provided by setting the 
    Technical Specification limit for the Low Pressurizer Pressure Trip 
    setpoint at its current value of 1915 psig. Increasing this reactor 
    trip setpoint 25 psi (from 1915 psig to 1940 psig) would result in a 
    net benefit to all analyses which assume its use, as well as of 
    setting a potential reduction in the margin of safety for this 
    parameter, caused by the reduction in TDF. Therefore, the current 
    Safety Analysis Limit of 1885 psig will continue to be used in the 
    WCGS event analyses.
        The proposed changes do not change the plant configuration in a 
    way that introduces a new potential hazard to the plant and do not 
    involve a significant reduction in the margin of safety. The 
    analyses and evaluations discussed in the safety evaluation 
    demonstrate that all applicable design criteria continue to be met 
    for the changes. Therefore, it is concluded that the margin of 
    safety, as described in the bases to any technical specification, is 
    not reduced.
    
        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 12, 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 Emporia State University, William Allen 
    White Library, 1200 Commercial Street, Emporia, Kansas 66801 and the 
    Washburn University School of Law Library, Topeka, Kansas 66621. 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 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.
    
    [[Page 10391]]
    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 William D. Bateman, Director, Project Directorate 
    IV-2: 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 Silberg, Esq., Shaw, Pittman, Potts 
    and Trowbridge, 2300 N Street, N.W., Washington, D.C. 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 March 8, 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 rooms, located at the Emporia State University, William Allen 
    White Library, 1200 Commercial Street, Emporia, Kansas 66801 and the 
    Washburn University School of Law Library, Topeka, Kansas 66621.
    
        Dated at Rockville, Maryland, this 11th day of March 1996.
    
    For the Nuclear Regulatory Commission
    James C. Stone,
    Senior Project Manager, Project Directorate IV-2, Division of Reactor 
    Projects III/IV, Office of Nuclear Reactor Regulation.
    [FR Doc. 96-6113 Filed 3-11-96; 8:45 am]
    BILLING CODE 7590-01-P
    
    

Document Information

Published:
03/13/1996
Department:
Nuclear Regulatory Commission
Entry Type:
Notice
Document Number:
96-6113
Pages:
10389-10391 (3 pages)
Docket Numbers:
Docket No. 50-482
PDF File:
96-6113.pdf