[Federal Register Volume 59, Number 179 (Friday, September 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22989]
[[Page Unknown]]
[Federal Register: September 16, 1994]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-266 and 50-301]
Wisconsin Electric Power Company; 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 Nos.
DPR-24 and DPR-27, issued to Wisconsin Electric Power Company (the
licensee), for operation of Point Beach Nuclear Plant, Units 1 and 2,
located in Manitowoc County, Wisconsin.
The proposed amendment would modify Technical Specification (TS)
Section 15.4.2, ``In-Service Inspection of Safety Class Components,''
by incorporating the use of acceptance criteria to allow sleeved tubes
with certain upper sleeve parent tube indications to remain in service
as described in Westinghouse Electric Corporation's report, WCAP-14157,
``Technical Evaluation of Hybrid Expansion Joint (HEJ) Sleeved Tubes
With Indications Within the Upper Joint Zone.'' The basis for TS
Section 15.4.2 would also be revised to support the above changes.
WCAP-14157 documents the technical justification and outlines the
particular aspects of proposed criteria to support the continued safe
operation of sleeved tubes with circumferential indications of up to
360 deg. in the HEJ hardroll lower transition region of HEJ sleeved
tubes. The criteria limit the end of cycle (EOC) crack angles existing
within the lower transition to 224 deg., as measured using a motorized
rotating pancake coil (MRPC) probe. The criteria include an allowance
for postulated steam line break primary-to-secondary leakage for each
sleeved tube which is permitted to remain in operation due to
application of the criteria. The proposed criteria also redefine the
portion of the parent tube considered to be part of the pressure
boundary. The portion of the parent tube below the bottom of the HEJ
hardroll lower transition would no longer be considered to be within
the scope of the primary pressure boundary. The criteria would be
implemented in concert with an operational leakage limit of 150 gallons
per day and enhanced inspection criteria designed to quantify the size
and location of potential crack-like indications.
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 October 17, 1994, 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 petitions 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 20555 and at the local
public document room located at Joseph P. Mann Library, 1516 Sixteenth
Street, Two Rivers, Wisconsin 54241. 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 fifteen (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 fifteen (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 material issue of law or fact. Contentions shall be
limited to matters within the scope of the amendments 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, 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 ten (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 John N. Hannon, Director, Project
Directorate III-3: 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 Sheldon Zabel, Esq., Schiff,
Hardin and Waite, 7200 Sears Tower, 233 Wacker Drive, Chicago, Illinois
60606, 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)(l)(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 considerations in accordance with 10 CFR 50.91 and 50.92.
For further details with respect to this action, see the
application for amendment dated August 26, 1994, as supplemented
September 2, 1994, which is available for public inspection at the
Commission's Public Document Room, the Gelman Building, 2120 L Street,
NW., Washington, DC 20555, and at the local public document room,
located at the Joseph P. Mann Library, 1516 Sixteenth Street, Two
Rivers, Wisconsin 54241.
Dated at Rockville, Maryland, this 13th day of September 1994.
For the Nuclear Regulatory Commission.
John N. Hannon,
Director, Project Directorate III-3, Division of Reactor Projects, III/
IV, Office of Nuclear Reactor Regulation.
[FR Doc. 94-22989 Filed 9-15-94; 8:45 am]
BILLING CODE 7590-01-M
