[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]


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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