[Federal Register Volume 63, Number 51 (Tuesday, March 17, 1998)]
[Notices]
[Pages 13074-13076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6825]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-298]
Nebraska Public Power District, Notice of Consideration of
Issuance of Amendment to Facility Operating License 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-46, issued to the Nebraska Public Power District (NPPD or the
licensee), for operation of the Cooper Nuclear Station (CNS), located
in Nemaha County, Nebraska.
The proposed amendment, requested by the licensee in a letter dated
March 27, 1997, would represent a full conversion from the current
Technical Specifications (TS) to a set of TS based on NUREG-1433,
``Standard Technical Specifications, General Electric Plants, BWR/4,''
Revision 1, dated April 1995. NUREG-1433 has been developed through
working groups composed of both NRC staff members and industry
representatives and has been endorsed by the staff as part of an
industry-wide initiative to standardize and improve the TS. As part of
this submittal, the licensee has applied the criteria contained in the
Commission's ``Final Policy Statement on Technical Specification
Improvements for Nuclear Power Reactors (Final Policy Statement),''
published in the Federal Register on July 22, 1993 (58 FR 39132), to
the current CNS TS, and, using NUREG-1433 as a basis, developed a
proposed set of improved TS for CNS. The criteria in the Final Policy
Statement were subsequently added to 10 CFR 50.36, ``Technical
Specifications,'' in a rule change that was published in the Federal
Register on July 19, 1995 (60 FR 36953) and became effective on August
18, 1995.
The licensee has categorized the proposed changes to the existing
TS into four general groupings. These groupings are characterized as
administrative changes, relocated changes, more restrictive changes and
less restrictive changes.
Administrative changes are those that involve restructuring,
renumbering, rewording, interpretation and complex rearranging of
requirements and other changes not affecting technical content or
substantially revising an operating requirement. The reformatting,
renumbering and rewording process reflects the attributes of NUREG-1433
and does not involve technical changes to the existing TS. The proposed
changes include: (a) Providing the appropriate numbers, etc., for
NUREG-1433 bracketed information (information that must be supplied on
a plant specific basis, and which may change from plant to plant), (b)
identifying plant-specific wording for system names, etc., and (c)
changing NUREG-1433 section wording to conform to existing licensee
practices. Such changes are administrative in nature and do not impact
initiators of analyzed events or assumed mitigation of accident or
transient events.
Relocated changes are those involving relocation of requirements
and surveillances for structures, systems, components, or variables
that do not meet the criteria for inclusion in TS. Relocated changes
are those current TS requirements that do not satisfy or fall within
any of the four criteria specified in the Commission's policy statement
and may be relocated to appropriate licensee-controlled documents.
The licensee's application of the screening criteria is described
in Volume 1 of its March 27, 1997, submittal, which is entitled,
``Application of Selection Criteria to the Cooper Nuclear Station
Technical Specifications.'' The affected structures, systems,
components or variables are not assumed to be initiators of analyzed
events and are not assumed to mitigate accident or transient events.
The requirements and surveillances for these affected structures,
systems, components, or variables will be relocated from the TS to
administratively controlled documents such as the Updated Safety
Analysis Report (USAR), the TS BASES, The Technical Requirements Manual
(TRM), the Core Operating Limits Report (COLR), the Offsite Dose
Assessment Manual (ODAM), the Inservice Testing (IST) Program, or other
licensee-controlled documents. Changes made to these documents will be
made pursuant to 10 CFR 50.59 or other appropriate control mechanisms.
In addition the affected structures, systems, components, or variables
are addressed in existing surveillance procedures that are also subject
to 10 CFR 50.59. These
[[Page 13075]]
proposed changes will not impose or eliminate any requirements.
More restrictive changes are those involving more stringent
requirements for operation of the facility. These more stringent
requirements do not result in operation that will alter assumptions
relative to the mitigation of an accident or transient event. The more
restrictive requirements will not alter the operation of process
variables, structures, systems, and components described in the safety
analyses. For each requirement in the current CNS TS that is more
restrictive than the corresponding requirement in NUREG-1433 that the
licensee proposes to retain in the improved Technical Specifications
(ITS), they have provided an explanation of why they have concluded
that retaining the more restrictive requirement is desirable to ensure
safe operation of the facility because of specific design features of
the plant.
Less restrictive changes are those where current requirements are
relaxed or eliminated, or new flexibility is provided. The more
significant ``less restrictive'' requirements are justified on a case-
by-case basis. When requirements have been shown to provide little or
no safety benefit, their removal from the TS may be appropriate. In
most cases, relaxations previously granted to individual plants on a
plant-specific basis were the result of (a) generic NRC actions, (b)
new NRC staff positions that have evolved from technological
advancements and operating experience, or (c) resolution of the Owners
Groups' comments on the Improved Standard Technical Specifications.
Generic relaxations contained in NUREG-1433 were reviewed by the staff
and found to be acceptable because they are consistent with current
licensing practices and NRC regulations. The licensee's design will be
reviewed to determine if the specific design basis and licensing basis
are consistent with the technical basis for the model requirements in
NUREG-1433, thus providing a basis for these revised TS, or if
relaxation of the requirements in the current TS is warranted based on
the justification provided by the licensee.
These administrative, relocated, more restrictive and less
restrictive changes to the requirements of the current TS do not result
in operations that will alter assumptions relative to mitigation of an
analyzed accident or transient event.
In addition to the changes solely involving the conversion, changes
are proposed to the current technical specifications or as deviations
from the improved GE Technical Specifications (NUREG-1433) as follows:
1. ITS 3.1.8 revises the Scram Discharge Volume Vent and Drain
Valve Actions from the corresponding actions of NUREG-1433, to
eliminate the restoration requirement if the associated line is
isolated.
2. ITS 3.5.1 revises the ECCS Allowed Outage Times from those in
the CTS to allow continued operation for up to 72 hours with certain
equipment or systems inoperable.
3. ITS 3.7.1, 3.7.2, and 3.7.3, would allow plant operation to
continue indefinitely with only one pump per loop operable for the
Residual Heat Removal Service Water Booster, the Service Water and the
Reactor Equipment Cooling (REC) systems, based on current analyses. The
CTS allow continued operation for only 30 days with one pump
inoperable; the ITS also deviate from the required actions of NUREG-
1433.
4. ITS 3.7.2 and 3.7.3 revise the Service Water and REC system pump
and valve testing frequencies from monthly to quarterly to be
consistent with ASME Section XI requirements.
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.
By April 16, 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 Auburn Memorial Library, 1810 Courthouse
Avenue, Auburn, NE 68305. 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. 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
[[Page 13076]]
intervene, and have the opportunity to participate fully in the conduct
of the hearing, including the opportunity to present evidence and
cross-examine witnesses.
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. John R. McPhail, Nebraska Public
Power District, Post Office Box 499, Columbus, NE 68602-0499, 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).
If a request for a hearing is received, the Commission's staff may
issue the amendment after it completes its technical review and prior
to the completion of any required hearing if it publishes a further
notice for public comment of its proposed finding of no significant
hazards consideration in accordance with 10 CFR 50.91 and 50.92.
For further details with respect to this action, see the
application for amendment dated March 27, 1997, 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 Auburn Memorial Library, 1810 Courthouse
Avenue, Auburn, NE 68305.
Dated at Rockville, Maryland, this 11th day of March 1998.
For the Nuclear Regulatory Commission.
James R. Hall,
Senior Project Manager, Project Directorate IV-1, Division of Reactor
Projects III/IV, Office of Nuclear Reactor Regulation.
[FR Doc. 98-6825 Filed 3-16-98; 8:45 am]
BILLING CODE 7590-01-P
