[Federal Register Volume 61, Number 91 (Thursday, May 9, 1996)]
[Notices]
[Pages 21212-21214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11603]
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[[Page 21213]]
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
No. 1 located in Lake County, Ohio.
The proposed amendment would correct minor technical and
administrative errors in the Improved Technical Specifications (ITS)
prior to ITS implementation.
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. The proposed changes do not involve a significant increase in
the probability or consequences of an accident previously evaluated.
Eight of the proposed changes are administrative in nature and
either correct errors or incorporate into the improved Technical
Specifications a change which was approved by the NRC under
Amendment 70 for the current Technical Specifications. Changing the
classification of the Backup Hydrogen Purge System isolation valves
from drywell isolation valves to primary containment isolation
valves results in the same actions being taken in the event one of
these valves is declared inoperable. However, the Completion Times
are more restrictive for inoperable primary containment isolation
valves than for inoperable drywell isolation valves. The proposed
changes to the diesel generator fuel oil day tank minimum volumes
provide more stringent requirements for operation of the facility to
increase the reliability of the diesel generator fuel oil transfer
pump operation. The more stringent requirements continue to ensure
that the safety analysis and licensing basis are maintained. The
proposed change to Specification 5.7.3 clarifies continuously
guarding a high radiation area is an option, not a requirement. The
proposed changes have been reviewed and determined to have no affect
on accident conditions or assumptions.
Based on the above, the proposed changes do not significantly
increase the probability or consequences of any accident previously
evaluated.
2. The proposed changes do not create the possibility of a new
or different kind of accident from any accident previously
evaluated.
As stated above eight of the proposed changes are administrative
in nature and do not increase the possibility of any new or
different kind of accident. Changing the classification of the
Backup Hydrogen Purge System isolation valves from drywell isolation
valves to primary containment isolation valves results in the same
actions being taken in the event one of these valves is declared
inoperable. However, the Completion Times are more restrictive for
inoperable primary containment isolation valves than for inoperable
drywell isolation valves. The proposed changes to the diesel
generator fuel oil day tank minimum volumes do not involve
installation of new or different equipment nor do they change the
methods governing normal plant operations. These changes are also
consistent with assumptions made in the safety analysis and
licensing basis. Clarifying the controls of high radiation areas
will not impact existing or introduce any new accident precursors.
The proposed changes do not create the possibility of a new or
different kind of accident since they do not affect the reactor
coolant pressure boundary or reactivity controls. Consequently, no
new failure modes are introduced as a result of the proposed
changes.
Therefore, the proposed changes do not create the possibility of
a new or different kind of accident from any previously evaluated.
3. The proposed changes do not involve a significant reduction
in a margin of safety.
The margin of safety is unchanged because the proposed
administrative changes do not affect any design basis or accident
assumptions. Changing the classification of the Backup Hydrogen
Purge System isolation valves from drywell isolation valves to
primary containment isolation valves results in the same actions
being taken in the event one of these valves is declared inoperable.
However, the Completion Times are more restrictive for inoperable
primary containment isolation valves than for inoperable drywell
isolation valves. The imposition of more restrictive requirements
for the diesel generator fuel oil day tank minimum volumes results
from the implementation of the Bases for the Technical Specification
Surveillance Requirement. Clarifying the controls of high radiation
areas is consistent with ALARA practices.
Therefore, the proposed changes do 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 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 preventing startup 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 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 June 10, 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
[[Page 21214]]
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 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, 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 April 26, 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 3rd day of May 1996.
For the Nuclear Regulatory Commission.
Jon B. Hopkins, Sr.,
Project Manager, Project Directorate III-3, Division of Reactor
Projects--III/IV, Office of Nuclear Reactor Regulation.
[FR Doc. 96-11603 Filed 5-8-96; 8:45 am]
BILLING CODE 7590-01-P
