[Federal Register Volume 64, Number 168 (Tuesday, August 31, 1999)]
[Notices]
[Pages 47533-47535]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22489]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-315 AND 50-316]
Indiana Michigan Power 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 amendments to Facility Operating License Nos.
DPR-58 and 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 amendments would change the runout limits for a safety
injection (SI) pump to 675 gallons per minute (gpm), unless the pump is
specifically tested to a higher flow rate, not exceeding 700 gpm for
both Units 1 and 2. This change was initiated upon reevaluation of
correspondence from Westinghouse sent to the licensee in 1991, which
indicated that the generic runout limits for Pacific 2'' JTCH pumps was
675 gpm unless each specific pump is tested to a higher flow rate.
Individual testing is necessary due to test variations between pumps
which may limit the applicability of testing of one pump to another
pump due to manufacturing tolerances in the sand cast impellers and
material changes in the pump casing.
Furthermore, the bases section is being clarified to describe why
the injection rather than the recirculation mode during flow balancing
is the minimum resistance and, consequently, more conservative
configuration for runout considerations.
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
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analysis of the issue of no significant hazards consideration, which is
presented below:
In accordance with 10 CFR 50.92, this proposed amendment does
not involve a significant hazard consideration if it does not:
1. Involve a significant increase in the probability or
consequences of an accident previously evaluated.
The proposed reduction in the SI pump runout flow does not
increase the probability of occurrence of any previously evaluated
accident because the SI pumps are not considered to be accident
initiators. In addition, flow balancing performed at Cook Nuclear
Plant has proven the ability to deliver the minimum T/S flow of 300
gpm to each pair of cold leg injection points without exceeding the
675 gpm (or 700 gpm) pump runout limits. Therefore, the emergency
core cooling system performance objectives of 10 CFR 50.46 are not
impacted and this change does not involve a significant increase in
the consequences of an accident previously evaluated.
2. Create the possibility of a new or different kind of accident
from any accident previously evaluated.
This proposed change imposes a generic limit on maximum
allowable flow for untested SI pumps. No physical system changes or
changes in operating modes are being made that could introduce new
or different kinds of accidents from those previously evaluated. As
discussed in (1) above, the SI pumps are not considered accident
initiators, and this status is not affected by the change to the SI
pump runout limits.
3. Involve a significant reduction in a margin of safety.
This change reflects a reduced maximum single pump flow to be
observed during flow balancing of the SI system. Flow balance
testing at Cook Nuclear Plant has demonstrated the ability to meet
the SI flow requirements while maintaining an adequate margin to the
revised lower runout limits being proposed by this submittal.
Because the minimum required SI flow delivered to the core has not
been reduced by this change, the change does not involve a reduction
in a margin of safety.
Based on the preceding, the evaluation concluded that the
proposed change to the SI pump runout limits does not involve a
significant hazards consideration as defined in 10 CFR 50.92.
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 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 30, 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
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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 May 21, 1999, 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 25th day of August 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. 99-22489 Filed 8-30-99; 8:45 am]
BILLING CODE 7590-01-P
