[Federal Register Volume 64, Number 168 (Tuesday, August 31, 1999)]
[Notices]
[Pages 47537-47539]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22650]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-271]
Vermont Yankee Nuclear Power Corporation; 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.
DPR-28 issued to Vermont Yankee Nuclear Power Corporation (the
licensee) for operation of the Vermont Yankee Nuclear Power Station
(VY) located in Vernon, Vermont.
The proposed amendment would modify the operability requirements
for the high pressure cooling systems--High Pressure Coolant Injection
(HPCI), Reactor Core Isolation Cooling (RCIC) and Automatic
Depressurization System (ADS)--and the safety and relief valves, and
add a time limitation for conducting operability testing of HPCI and
RCIC.
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 operation of Vermont Yankee Nuclear Power Station in
accordance with the proposed amendment will not involve a
significant increase in the probability or consequences of an
accident previously evaluated.
The changes proposed add clarity, additional limitations, and
relaxation to operability requirements and also reflect current
surveillance practices. The proposed changes do not change the
function nor needed range of operability pressures for the affected
systems. The revisions ensure the applicability of operating
requirements consistent with the design and operational bases of
these systems.
The high pressure cooling systems (HPCI, RCIC and ADS) and the
steam safety and relief valves do not initiate any accident
considered in the Updated Final Safety Analysis Report. HPCI and ADS
(with relief valves), as emergency core cooling systems, do function
to mitigate accidents. Credit is not taken for RCIC in this regard.
This change will not alter assumptions relative to the initiation or
mitigation of any accident event.
The less restrictive changes proposed to not require operability
of HPCI, ADS (and safety and relief valves) and RCIC at reactor
steam pressures below 150 psig when irradiated fuel is in the
reactor vessel and do not affect the probability of any accident
previously evaluated. These changes furthermore do not significantly
increase the consequences of accidents previously evaluated since
reliance on these systems is not assumed below 150 psig.
The addition of required surveillance testing and completion
times are intended to require a reduction in reactor pressure if
HPCI and RCIC system operability requirements are not met. These
additional Technical Specifications testing requirements and
completion times are consistent with the current licensing basis and
represent current practice.
The proposed changes do not involve accident initiators, do not
change the configuration or method of operation of any equipment
used to mitigate the consequences of an accident, and do not alter
any conditions assumed in the plant accident analysis. Therefore,
operation in accordance with the proposed changes would not involve
a significant increase in the probability or consequences of an
accident previously evaluated since there is no physical alteration
of the plant configuration or relaxation of required setpoints or
operating parameters.
2. The operation of Vermont Yankee Nuclear Power Station in
accordance with the proposed amendment will not create the
possibility of a new or different kind of accident from any accident
previously evaluated.
The proposed changes will not modify the physical plant or the
modes of plant operation. The changes do not involve the addition or
modification of equipment nor do they alter the design or operation
of plant systems. These changes to operability requirements do not
create any new or different kind of accident since they do not
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involve any change in the physical configuration of the plant, nor
relaxation of required setpoints or operating parameters. Operation
and design of the subject high pressure cooling systems (and the
steam relief function) are not altered by the proposed changes.
The changes in operability requirements governing normal plant
operation are consistent with the current safety analysis
assumptions. These changes ensure adequate emergency core cooling
system capability exists to mitigate the consequences of loss of
coolant accidents without introducing new modes of operation.
Therefore, VY has determined that the proposed change does not
create the possibility of a new or different kind of accident from
any accident previously evaluated because the proposed changes are
designed to clarify and add limitations to operation.
3. The operation of Vermont Yankee Nuclear Power Station in
accordance with the proposed amendment will not involve a
significant reduction in a margin of safety.
The proposed changes involve adding clarity, additional
restrictions, and less restrictive requirements to current Technical
Specifications without changing the safety bases. The added
restrictions require an operability demonstration of HPCI and RCIC
within an acceptable period of time following plant startup when
testing is required.
These changes do not involve a significant reduction in a margin
of safety because the assumptions used in analyses of postulated
accidents are unchanged. The functional requirements of safety
systems are also unaffected. Since equipment is expected to be
operable, the delay (of up to 24 hours) in testing certain systems
is acceptable based on the short time interval and is consistent
with the allowable equipment out-of-service intervals.
The proposed changes to raise the Technical Specification
minimum reactor steam pressure for operability to a consistent 150
psig for these systems do not involve a significant reduction in a
margin of safety since these systems are not credited in the safety
analyses to operate below 150 psig. The basis for any Technical
Specification that is related to the establishment or maintenance of
safety margins is not altered. Consequently, VY has determined that
the proposed changes do not involve a significant reduction in a
margin of safety since operation of the plant remains consistent
with the plant's design and operational bases.
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 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 Brooks Memorial Library, 224 Main Street,
Brattleboro, VT. 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
[[Page 47539]]
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 David R. Lewis, Shaw, Pittman, Potts,
and Trowbridge, 2300 N Street, NW., Washington, DC, 20037-1128 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 July 20, 1999, as supplemented August
17, 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
Brooks Memorial Library, 224 Main Street, Brattletoro, VT.
Dated at Rockville, Maryland, this 25th day of August, 1999.
For the Nuclear Regulatory Commission.
Richard P. Croteau,
Project Manager, Section 2, Project Directorate I, Division of
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 99-22650 Filed 8-30-99; 8:45 am]
BILLING CODE 7590-01-P
