[Federal Register Volume 63, Number 84 (Friday, May 1, 1998)]
[Notices]
[Pages 24195-24196]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11656]
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NUCLEAR REGULATORY COMMISSION
[DOCKET NO. 50-341]
Detroit Edison Company; 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-43 issued to the Detroit Edison Company (the licensee) for
operation of the Fermi 2 plant located in Monroe County, Michigan.
The proposed amendment would revise Technical Specification (TS)
3.8.1.1 to change the emergency diesel generator (EDG) allowed outage
time (AOT) from 3 to 7 days. In order to use the extended AOT, the
revised TS will require the licensee to ensure the alternate AC power
source (combustion turbine-generator 11-1) is operable and to verify
the planned activity is not potentially risk significant in accordance
with use of the licensee's configuration risk management program as
described in a new paragraph in the Administrative Controls section of
the TS.
The amendment was requested in a submittal dated November 22, 1995,
as supplemented February 19, April 19, May 3, June 12, and December 4,
1996, January 30 and August 7, 1997, and April 27, 1998. The staff
issued a Federal Register notice on February 28, 1996 (61 FR 7550),
providing the notice of consideration of issuance of the amendment,
proposed no significant hazards consideration (NSHC), and opportunity
for a hearing. The portions of the November 22, 1995, submittal related
to changes in EDG surveillance testing and reporting requirements (also
discussed in the NSHC) were addressed in amendment no. 107 issued on
June 20, 1996. The February 19, April 19, May 3, June 12, and December
4, 1996, and August 7, 1997, submittals provided additional information
but did not change the proposed TS or the staff's initial proposed
determination of NSHC. The January 30, 1997, submittal added a
verification that the alternate AC source is available prior to
entering the 7-day AOT. This submittal also did not change the staff's
initial proposed determination of NSHC. The April 27, 1998, submittal
added a description of the Fermi 2 configuration risk management
program (CRMP) to the Administrative Controls section of the TS. This
submittal included a determination of NSHC for the change, as discussed
below. The current notice encompasses the changes described in the
January 30, 1997, and April 27, 1998, submittals.
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 April 27,
1998, supplemental 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 Configuration Risk Management Program (CRMP) is an
Administrative Program that assesses risk based on plant status.
This proposed change does not change the design, configuration, or
method of plant operation. Adding the requirement to implement this
program for Technical Specification (TS) 3.8.1.1 does not affect the
probability or the consequences of an accident.
2. The proposed change does not create the possibility of a new
or different kind of accident from any accident previously
evaluated.
This proposed change does not change the design, configuration,
or method of plant operation. Therefore, this change does not create
the possibility of a new or different kind of accident from any
previously evaluated.
3. The proposed change does not involve a significant reduction
in a margin of safety.
The proposed change does not involve a physical modification to
the plant, a new mode of operation or a change to the UFSAR [updated
final safety analysis report] transient analyses. The proposed
change adds additional requirements to the evaluation of equipment
outages. Therefore, the proposed 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 by the close of business 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
[[Page 24196]]
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 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 June 1, 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 Monroe County Library System, 3700 South
Custer Road, Monroe, Michigan 48161. 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 John Flynn, Esq., Detroit Edison
Company, 2000 Second Avenue, Detroit, Michigan 48226, 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 November 22, 1995, as supplemented
February 19, April 19, May 3, June 12, and December 4, 1996, January 30
and August 7, 1997, and April 27, 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 Monroe County Library System, 3700 South
Custer Road, Monroe, Michigan 48161.
Dated at Rockville, Maryland, this 28th day of April 1998.
For the Nuclear Regulatory Commission.
Andrew J. Kugler,
Project Manager, Project Directorate III-1 Division of Reactor
Projects--III/IV, Office of Nuclear Reactor Regulation.
[FR Doc. 98-11656 Filed 4-30-98; 8:45 am]
BILLING CODE 7590-01-P
