[Federal Register Volume 62, Number 140 (Tuesday, July 22, 1997)]
[Notices]
[Pages 39283-39284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19200]
[[Page 39283]]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-331]
IES Utilities Inc., Central Iowa Power Cooperative, Corn Belt
Power Cooperative, and Duane Arnold Energy Center; 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-49 issued to IES Utilities Inc. (the licensee), for operation of
the Duane Arnold Energy Center (DAEC), located in Linn County, Iowa.
The proposed amendment, requested by the licensee in a letter dated
October 30, 1996, would represent a full conversion from the current
Technical Specifications (CTSs) to a set of improved Technical
Specifications (ITSs) based on NUREG-1433, Revision 1, ``Standard
Technical Specifications, General Electric Plants BWR/4,'' 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 CTSs. 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 DAEC CTSs and, using
NUREG-1433 as a basis, developed a proposed set of ITSs for DAEC. The
criteria in the Final Policy Statement subsequently were incorporated
in 10 CFR 50.36, ``Technical Specifications,'' in a rule change that
was published in the Federal Register on July 19, 1995 (60 FR 36953).
The rule change became effective August 18, 1995.
The licensee has categorized the proposed changes to the CTSs into
four general groupings. These groupings are characterized as
administrative changes, technical changes--relocations, technical
changes--more restrictive, and technical changes--less restrictive.
Administrative changes are those that involve restructuring,
renumbering, rewording, interpretation, and rearranging of requirements
and other changes not affecting technical content or substantially
revising an operational requirement. The reformatting, renumbering, and
rewording processes reflect the attributes of NUREG-1433 and do not
involve technical changes to the CTSs. 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 affect initiators of
analyzed events or assumed mitigation of accident or transient events.
Technical changes--relocations are those changes involving
relocation of requirements and surveillances from the CTS to licensee-
controlled documents, for structures, systems, components, or variables
that do not meet the criteria for inclusion in the ITSs. Relocated
changes are those CTS requirements that do not satisfy or fall within
any of the four criteria specified in the Commission's Final Policy
Statement and 10 CFR 50.36, and may be relocated to appropriate
licensee-controlled documents.
The licensee's application of the screening criteria is described
in Volume 1 of its October 30, 1996, application titled, ``Duane Arnold
Energy Center Improved Technical Specifications Split Report and
Relocated CTS Pages.'' The affected structures, systems, components, or
variables are not assumed to be initiators of events analyzed in the
Updated Final Safety Analysis Report (UFSAR) and are not assumed to
mitigate accident or transient events analyzed in the UFSAR. The
requirements and surveillances for these affected structures, systems,
components, or variables will be relocated from the CTS to
administratively controlled documents such as the UFSAR, the BASES, 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 which
are also subject to 10 CFR 50.59.
Technical Changes--more restrictive are those changes that involve
more stringent requirements for operation of the facility or eliminate
existing flexibility. These more stringent requirements do not result
in operation that will alter assumptions relative to mitigation of an
accident or transient event. For each requirement in the DAEC CTSs that
is more restrictive than the corresponding requirement in NUREG-1433,
which the licensee proposes to retain in the ITSs, the licensee has
provided an explanation of why it has concluded that the more
restrictive requirement is desirable to ensure safe operation of the
facility.
Technical changes--less restrictive are changes 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 ITSs may be
appropriate. In most cases, relaxations 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 resolution of the
Owners Groups'' comments on the ITSs. 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 information will be reviewed to
determine if its specific design and licensing bases are consistent
with the technical justifications contained in NUREG-1433. This will
determine if a foundation exists for the ITSs or if relaxation of the
requirements in the CTSs is warranted by the justifications provided by
the licensee.
In addition to the changes solely involving the conversion, changes
are proposed to the CTSs or as deviations from the improved GE
Technical Specifications (NUREG-1433) as follows:
1. The DAEC ITS 3.5.1 modifies the NUREG-1433 Limiting Condition of
Operation (LCO) 3.5.1 by revising Conditions C, D, G, and I to allow
certain combinations of Emergency Core Cooling systems/subsystems out-
of-service that are supported by the DAEC Loss-of-Coolant Accident
(LOCA) analysis.
2. The DAEC ITS Surveillance Requirements (SRs) 3.5.1.4, 3.5.1.5,
and 3.5.1.6 modify the NUREG-1433 SRs 3.5.1.7, 3.5.1.8, and 3.5.1.9 to
relax the required flow rates per the DAEC LOCA analysis, using the
NRC-approved SAFER/GESTR-LOCA model.
3. The DAEC ITS SR 3.8.4.1 modifies the frequency for the NUREG-
1433 SR 3.8.4.1 for performing pilot cell inspections from weekly to
monthly, in accordance with industry (IEEE-450) and vendor
recommendations.
4. The DAEC ITSs relocate the requirements for Suppression Pool
[[Page 39284]]
Spray (NUREG-1433 LCO 3.6.2.4) to licensee-controlled documents, as
they do not meet the 10 CFR 50.36(c)(2)(ii) screening criteria.
5. The DAEC ITS 3.0.3 modifies the NUREG-1433 LCO 3.0.3 to allow 8
hours versus 6 hours to reach Mode 2. In addition, all other Required
Actions that require reaching Mode 2 in 6 hours have been extended to 8
hours for consistency.
6. The DAEC ITSs 3.4.8 and 3.9.7 modify the NUREG-1433 LCOs 3.4.7
and 3.9.8 to not require forced circulation when reactor coolant
temperature is less than 150 deg.F.
7. The DAEC ITS SR 3.8.1.13 combines the NUREG-1433 SRs 3.8.1.11,
3.8.1.12, and 3.8.1.19 to eliminate unnecessary multiple Emergency
Diesel Generator starts.
8. The DAEC ITS 3.4.7 modifies the applicability of the NUREG-1433
LCO 3.4.8 to use the Reactor Core Isolation Cooling (RCIC) low pressure
isolation alarm in lieu of the Shutdown Cooling cut-in pressure
permissive.
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 August 21, 1997, 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 Cedar Rapids Public Library, 500 First
Street, SE., Cedar Rapids, IA 52401. 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. The
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.
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 Jack Newman, Kathleen Shea, Morgan,
Lewis & Bockius, 1800 M Street, NW., Washington, DC 20036-5869,
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 October 30, 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 Cedar Rapids Public Library, 500
First Street, SE., Cedar Rapids, IA 52401.
Dated at Rockville, Maryland, this 16th day of July 1997.
For the Nuclear Regulatory Commission.
Glenn B. Kelly, Sr.,
Project Manager, Project Directorate III-3, Division of Reactor
Projects III/IV, Office of Nuclear Reactor Regulation.
[FR Doc. 97-19200 Filed 7-21-97; 8:45 am]
BILLING CODE 7590-01-P
