99-10687. 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 64, Number 82 (Thursday, April 29, 1999)]
    [Notices]
    [Pages 23129-23131]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-10687]
    
    
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    NUCLEAR REGULATORY COMMISSION
    
    Indiana Michigan Power Company
    [Docket Nos. 50-315 and 50-316]
    
    
    Notice of Consideration of Issuance of Amendment to Facility 
    Operating License, Proposed No Significant Hazards Consideration 
    Determination, and Opportunity for a Hearing
    
        The Nuclear Regulatory Commission (the Commission) is considering 
    issuance of an amendment to Facility Operating License No. DPR-58 and 
    Facility Operating License No. DPR-74 issued to Indiana Michigan Power 
    Company (the licensee) for operation of the Donald C. Cook Nuclear 
    Power Plant, Units 1 and 2 located in Berrien County, Michigan.
        The proposed license amendment would revise Technical Specification 
    section 3/4.8.1.2, ``Electrical Power Systems, Shutdown,'' and its 
    associated bases to provide a one-time extension of the 18-month 
    surveillance interval for specific surveillance requirements for Units 
    1 and 2. This surveillance will be performed prior to the first entry 
    into Mode 4 subsequent to receipt of the requested T/S amendment. In 
    addition, for Unit 2 only, a minor administrative change is included to 
    delete a reference to T/S 4.0.8, which is no longer applicable. For 
    Unit 1 only, an editorial change is made to add the word ``or'' to 
    action statement 3.8.1.2.
        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 of 
    Occurrence or Consequences of an Accident Previously Evaluated?
    
        A discussion of each of the applicable accidents follows.
    
    Fuel Handling Accident
    
        The only time a fuel handling accident could occur is during the 
    handling of a fuel assembly. The design of fuel handling equipment 
    is such that an interruption of A.C. power would not cause a fuel 
    element to be inadvertently dropped. Therefore, an interruption or 
    loss of A.C. power does not significantly increase the probability 
    of a fuel handling accident.
        At present, fission product activities in the fuel assembly 
    pellet-to-cladding gaps are greatly reduced. The fuel handling 
    accident analysis considers the thyroid dose at the site boundary 
    and in the low population zone. This dose is dominated by the 
    isotope iodine 131, which also decays more slowly than the other 
    iodine contributors to the dose. The activity of iodine 131 
    decreases by one-half every 8.05 days. The current shutdown period 
    of approximately 18 months represents over 70 half-lives. Activity 
    of a radioactive material is generally considered to be negligible 
    after 7 half-lives (a reduction in activity of \1/128\). By 
    contrast, the accident analysis assumes an iodine reduction of less 
    than \1/10\ (from activated charcoal filtration) in the fuel 
    handling building, and no reduction in the containment, prior to 
    release. Therefore, the consequences of a fuel handling accident are 
    clearly bounded by the existing safety analysis without taking 
    credit for any iodine removal by charcoal filtration. The greatly 
    reduced fission product activity at the current time provides 
    assurance that the consequences of this event are bounded by the 
    existing analysis. Therefore, the consequences are not significantly 
    increased.
    
    Accidental Release of Radioactive Liquids
    
        The inadvertent release of radioactive liquid wastes to the 
    environment was evaluated for the waste evaporator condensate and 
    monitor tanks, condensate storage tank, primary water storage tank,
    
    [[Page 23130]]
    
    refueling water storage tank (RWST), the auxiliary building storage 
    tanks and the chemical and volume control system (CVCS) holdup 
    tanks. It was concluded, in the UFSAR Chapter 14 evaluation, that 
    loss of liquid from these tanks to the environment is not a credible 
    accident. This conclusion does not depend on operating mode , hence, 
    further evaluation of this event is not required.
    
    Waste Gas Release
    
        Radioactive gases are introduced into the reactor coolant by the 
    escape of fission products if defects exist in the fuel cladding. 
    The processing of the reactor coolant by auxiliary systems results 
    in the accumulation of radioactive gases in various tanks. The two 
    main sources of any significant gaseous radioactivity that could 
    occur would be the volume control tank (VCT) and the gas decay 
    tanks. It is assumed that a tank ruptures by an unspecified 
    mechanism after the reactor has been operating for one core cycle 
    with 1% defects in the fuel cladding. There is no identified 
    mechanism by which an interruption or loss of power could result in 
    a tank rupture. Therefore, it is concluded that the probability of 
    occurrence of a tank rupture would not be significantly increased by 
    an interruption or loss of A.C. power. The greatly reduced fission 
    product activities at the current time provides assurance that the 
    consequences of this event are bounded by the current analysis and 
    would, therefore, not be significantly increased.
    
    Uncontrolled Rod Cluster Control Assembly (RCCA) Withdrawal From a 
    Subcritical Condition
    
        This event can only occur with the reactor trip breakers closed 
    and the control rod drive mechanisms (CRDMs) energized. With the 
    exception of testing or special maintenance, the rod drive motor 
    generator set remains tagged out until Mode 3 and this alone would 
    preclude rod movement. If the conditions for rod withdrawal are met, 
    two operable source range instruments and two reactor trip channels 
    and trip breakers must be operable. An interruption or loss of power 
    would preclude CRDM movement and release the control rods. The 
    source range instruments would remain available. Therefore, it is 
    concluded that the probability of occurrence of an uncontrolled RCCA 
    withdrawal would not be significantly increased by an interruption 
    or loss of A.C. power in Modes 5 or 6. Acceptable consequences for 
    this event rely on precluding its occurrence.
    
    Uncontrolled Boron Dilution
    
        This event requires a malfunction of the CVCS. The CVCS is 
    designed to limit, even under various postulated failure modes, the 
    potential rate of dilution to a value which provides the operator 
    sufficient time to correct the situation in a safe and orderly 
    manner. The rate of addition of unborated water makeup to the 
    reactor coolant system is limited by the capacity of the primary 
    water pumps. The maximum addition rate in this case is 225 gpm with 
    both primary water pumps running. An interruption or loss of A.C. 
    power would preclude pump operation and accidental dilution. The 
    RWST is not a credible dilution source as recognized by a footnote 
    to T/S 3/4.8.1.2. Therefore, the possibility of an uncontrolled 
    boron dilution is not significantly increased. Acceptable 
    consequences for this event rely on precluding its occurrence and by 
    detection with the source range nuclear instrumentation required by 
    the T/S in Modes 5 and 6.
        The proposed revision involves deferral of certain surveillance 
    requirements when shut down but does not reduce the required 
    operable power sources of the Limiting Condition for Operation 
    (LCO), does not increase the allowed outage time of any required 
    operable power supplies and does not reduce the requirement to know 
    that the deferred SRs [surveillance requirements] could be met at 
    all times. Deferral of the testing does not by itself increase the 
    potential that the testing would not be met and the previously 
    evaluated accidents described above do not rely on automatic 
    starting or loading of the single operable EDG [emergency diesel 
    generator] permitted in Modes 5 and 6. The monthly EDG starts, fuel 
    level checks, and fuel transfer pump checks will continue to be 
    performed to provide adequate confidence that the required EDG will 
    be available if needed. Therefore, it is concluded that the required 
    A.C. sources will remain available and the previously evaluated 
    consequences will not be increased.
        The proposed administrative change for unit 2 deletes a 
    reference to T/S 4.0.8 that is no longer applicable and, thus, does 
    not increase the probability or consequences of an accident. The 
    editorial change to unit 1 corrects a typographical error. The 
    correction is not intended to change the meaning.
        Therefore, based on the above discussion, it is concluded that 
    the proposed amendment does not involve a significant increase in 
    the probability or consequences of an accident previously evaluated.
    
    2. Does the Change Create the Possibility of a New or Different Kind of 
    Accident From Any Accident Previously Evaluated?
    
        The proposed changes do not involve operation of the required 
    electrical power sources in a manner or configuration different than 
    those previously recognized or evaluated. No new failure mechanisms 
    of the A.C. power supplies are introduced by extension of the 
    subject surveillance intervals.
        The proposed administrative change for unit 2 deletes a 
    reference to T/S 4.0.8 that is no longer applicable and, thus, does 
    not create the possibility of a new or different kind of accident. 
    The editorial change to unit 1 corrects a typographical error. The 
    correction is not intended to change the meaning. Therefore, it is 
    concluded that the proposed changes do not create the possibility of 
    a new or different kind of accident from any previously evaluated.
    
    3. Does the Change Involve a Significant Reduction in a Margin of 
    Safety?
    
        The required operable power supplies have not been reduced. 
    Deferral of the specified SRs does not by itself introduce a failure 
    mechanism, and past performance of the SRs has demonstrated 
    reliability in passing the deferred surveillances. Therefore, the 
    availability of power supplies assumed for accident mitigation is 
    not significantly reduced and previous margins of safety are 
    maintained.
        The proposed administrative change for unit 2 deletes a 
    reference to T/S 4.0.8 that is no longer applicable and thus, does 
    not increase the probability or consequences of an accident. The 
    editorial change to unit 1 corrects a typographical error. The 
    correction is not intended to change the meaning. Therefore, these 
    changes do not involve a significant reduction in the margin of 
    safety.
        In summary, based upon the above evaluation, I&M has concluded 
    that these changes involve no significant hazards consideration.
    
        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 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 Pike, Rockville, 
    Maryland, from 7:30 a.m. to 4:15 p.m. Federal workdays. Copies of 
    written comments received
    
    [[Page 23131]]
    
    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 May 26, 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 Maud Preston Palenske Memorial Library, 
    500 Market Street, St. Joseph, MI 49085. 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 Jeremy J. Euto, Esquire, 500 Circle 
    Drive, Buchanan, MI 49107, 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 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 Maud Preston Palenske Memorial 
    Library, 500 Market Street, St. Joseph, MI 49085.
    
        Dated at Rockville, Maryland, this 22nd day of April 1999.
    
        For the Nuclear Regulatory Commission.
    John F. Stang, Sr.,
    Project Manager, Section 1, Project Directorate III, Division of 
    Licensing Project Management, Office of Nuclear Reactor Regulation.
    [FR Doc. 99-10687 Filed 4-28-99; 8:45 am]
    BILLING CODE 7590-01-P
    
    
    

Document Information

Published:
04/29/1999
Department:
Nuclear Regulatory Commission
Entry Type:
Notice
Document Number:
99-10687
Pages:
23129-23131 (3 pages)
Docket Numbers:
Docket Nos. 50-315 and 50-316
PDF File:
99-10687.pdf