[Federal Register Volume 62, Number 165 (Tuesday, August 26, 1997)]
[Notices]
[Pages 45280-45282]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22633]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-397]
Washington Public Power Supply System; 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-21, issued to Washington Public Power System (the licensee), for
operation of the Washington Nuclear Project No. 2 (WNP-2) located in
Benton County, Washington.
The proposed amendment would modify the inservice testing (IST)
requirements specified in Technical Specification (TS) 5.5.6 for the
inboard primary containment isolation valve (PCIV) on the transversing
in-core probe (TIP) system nitrogen purge line. The proposed amendment
is submitted to resolve enforcement discretion which was issued to the
licensee on August 13, 1997, related to the above identified TS
surveillance requirements.
The exigent circumstances for this technical specification
amendment request exist due to the potential for system degradation
associated with isolating the nitrogen purge line to the TIP system for
the duration of the current operating cycle.
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.
Pursuant to 10 CFR 50.91(a)(6) for amendments to be granted under
exigent circumstances, the NRC staff must determine 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 change does not involve a significant increase in
the probability or consequences of any accident previously evaluated.
The purpose of the proposed license amendment is to extend the full
stroke testing requirement interval for TIP-V-6 to the next shutdown of
sufficient duration to complete the testing. The test requirement
assures the freedom of movement of the obturator of the check valve.
The probability of occurrence of an evaluated accident is not increased
because extending the testing interval does not create a new precursor
or effect an existing precursor to any design basis accident. The
consequences of an evaluated accident are not significantly increased
because of the reliable performance history of TIP-V-6 and an operable
TIP-V-15. The ability of TIP-V-6 to provide containment isolation is
maintained. Therefore, the proposed amendment request does not
significantly increase the probability or consequences of an accident
previously evaluated.
2. The proposed change does not create the possibility of a new or
different kind of accident from any accident previously evaluated.
The Technical Specification amendment would not create a new or
different kind of accident because it does not involve modification of
the plant configuration, result in any physical change to TIP-V-6, or
its
[[Page 45281]]
operation. As a result, no new failure modes are introduced. Therefore,
no new or different kinds of accidents are created.
3. The proposed change does not involve a significant reduction in
a margin of safety.
The safety function of TIP-V-6 is to close to isolate the primary
containment under accident conditions. The extension of this testing
interval for TIP-V-6 will not decrease the reliability of the valve.
The performance of TIP-V-6, as demonstrated through testing and
inspection, has been good. However, should the check valve fail to
close to isolate the purge line, the external automatic isolation valve
(TIP-V-15) would provide the required containment penetration
isolation. Plant and system response to an initiating event will remain
unchanged. Therefore, the proposed change does not involve a
significant reduction in the 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 14 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 14-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 14-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. 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
Review and Directives Branch, Division of Freedom of Information and
Publications 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 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 September 25, 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 Richland Public Library, 955 Northgate
Street, Richland, Washington 99352. 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 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 the amendment is issued before the expiration of the 30-day
hearing period, the Commission will make a final determination on the
issue of no significant hazards consideration. If a hearing is
requested, 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
significant
[[Page 45282]]
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, 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 Perry D. Robinson, Esq., Winston &
Strawn, 1400 L Street, N.W., Washington, D.C. 20005-3502, 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 August 14, 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 Richland Public Library, 955 Northgate
Street, Richland, Washington 99352.
Dated at Rockville, Maryland, this 20th day of August 1997.
For the Nuclear Regulatory Commission.
Timothy G. Colburn,
Senior Project Manager, Project Directorate IV-2, Division of Reactor
Projects--III/IV, Office of Nuclear Reactor Regulation.
[FR Doc. 97-22633 Filed 8-25-97; 8:45 am]
BILLING CODE 7590-01-P
