[Federal Register Volume 60, Number 205 (Tuesday, October 24, 1995)]
[Notices]
[Pages 54527-54529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26417]



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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-266 and 50-301]


Wisconsin Electric 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 an amendment to Facility Operating License Nos. 
DPR-24 and DPR-27, issued to Wisconsin Electric Power Company (the 
licensee), for operation of the Point Beach Nuclear Plant, Units 1 and 
2, located in the Town of Two Creeks, Manitowoc County, Wisconsin.
    The proposed amendments would revise Technical Specification (TS) 
Section 15.1, ``Definitions,'' the basis for TS Section 15.3.1.G, 
``Operational Limitations,'' and TS Figure 15.2.1-2, ``Reactor Core 
Safety Limits, Point Beach Unit 2.'' The proposed changes would reduce 
the reactor coolant system raw measured total flow rate limit and 
reflect new reactor core safety limits for Unit 2.
    The licensee stated that these changes may be required to support 
full power operation of Unit 2 following its annual outage, which has 
already begun. The licensee further stated that the submittal was 
timely, based on the circumstances (a vendor analysis was required), 
and that the exigency could not have been avoided. The staff agrees 
with this conclusion. 

[[Page 54528]]

    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. Operation of this facility under the proposed Technical 
Specifications will not create a significant increase in the 
probability or consequences of an accident previously evaluated.
    This proposed change reduces the Unit 2 Reactor Coolant System 
[RCS] raw measured total flow rate limit by 4500 gpm. Evaluations 
performed by Westinghouse and Wisconsin Electric have determined 
that all safety analysis and regulatory requirements are still met 
at the reduced flow rate limit without exceeding acceptable limits. 
A reduction of the RCS flow limit does not affect any parameters 
that could affect the probability of an accident. Therefore, there 
is no increase in the probability or consequences of an accident 
previously evaluated.
    2. Operation of this facility under the proposed Technical 
Specifications change will not create the possibility of a new or 
different kind of accident from any accident previously evaluated.
    This proposed change reduces the Unit 2 Reactor Coolant System 
raw measured total flow rate limit by 4500 gpm. Evaluations 
performed by Westinghouse and Wisconsin Electric have determined 
that all the safety analysis requirements are still met at the 
reduced flow rate limit. There is no physical change to the 
facility, its systems, or its operation. Thus, a new or different 
kind of accident cannot occur.
    3. Operation of this facility under the proposed Technical 
Specifications change will not create a significant reduction in a 
margin of safety.
    This proposed change reduces the Unit 2 Reactor Coolant System 
raw measured total flow rate limit by 4500 gpm. Evaluations 
performed by the Westinghouse and Wisconsin Electric have determined 
that all the safety analysis and regulatory requirements are still 
met at the reduced flow rate limit. The current Revised Thermal 
Design Procedure (RTDP) DNBR [departure from nucleate boiling ratio] 
limit of 1.33 remains valid for the reduced flow conditions.
    The most DNB [departure from nucleate boiling]-limiting, non-
LOCA [loss-of-coolant accident] accidents were reanalyzed to 
demonstrate this limit remains satisfied for the reduction in RCS 
flow. The modifications to power level and core safety limits figure 
for PBNP Unit 2 prevent the possibility of exceeding the core safety 
limits. Therefore, this reduction in RCS total flow rate limit does 
not reduce any existing 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 15 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 15-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 15-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 Rules Review and 
Directives Branch, Division of Freedom of Information and Publications 
Services, Office of Administration, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555, 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 November 8, 1995, 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 Joseph P. Mann Library, 1516 Sixteenth 
Street, Two Rivers, Wisconsin. 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 

[[Page 54529]]
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 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, 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 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 Dr. Gail H. Marcus, Director, Project Directorate 
PDIII-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 Gerald Charnoff, Esq., Shaw, Pittman, 
Potts, and Trowbridge, 2300 N Street, NW., Washington, DC 20037, 
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 September 13, 1995, as supplemented by 
letter dated October 19, 1995, which are 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 Joseph P. Mann Library, 1516 Sixteenth 
Street, Two Rivers, Wisconsin.

    Dated at Rockville, Maryland, this 19th day of October 1995.

    For the Nuclear Regulatory Commission.
Allen G. Hansen,
Project Manager, Project Directorate III-3, Division of Reactor 
Projects--III/IV, Office of Nuclear Reactor Regulation.
[FR Doc. 95-26417 Filed 10-20-95; 11:01 am]
BILLING CODE 7590-01-P