[Federal Register Volume 61, Number 41 (Thursday, February 29, 1996)]
[Notices]
[Pages 7822-7824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4684]



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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-440]


The Cleveland Electric Illuminating Company, Et Al.; 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. 
NPF-58, issued to The Cleveland Electric Illuminating Company, et al. 
(the licensee), for operation of the Perry Nuclear Power Plant, Unit 1, 
located in Lake County, Ohio.
    The proposed amendment would revise the Technical Specifications 
(TS) to allow one main steam line's leakage rate to be as high as 35 
standard cubic feet per hour (scfh) as long as the total leakage rate 
through all four main steam lines does not exceed 100 scfh until the 
end of Operating Cycle 6.
    The need for a change to the main steam line leakage rate limits 
became apparent on February 11, 1996, during surveillance testing of 
the main steam lines. The ``C'' main steam line was found to exceed the 
TS limit of 25 scfh by 3.1 scfh. However, the total of all four main 
steam lines was less than 100 scfh. Repair of the responsible valve to 
reduce the leakage below 25 scfh would provide no significant benefit 
to safety, while involving an estimated 2 person-REM of radiation 
exposure and an estimated 2200 person-hours of work. Plant startup from 
the current refueling outage is scheduled for March 27, 1996. 
Therefore, the license amendment is needed prior to that date to avoid 
delaying plant startup. The request was submitted in a timely fashion 
since discovery that the ``C'' main steam line exceeded the leakage 
rate limits, and the circumstances could not have been avoided.
    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. The proposed change does not involve a significant increase 
in the probability or consequences of an accident previously 
evaluated. The proposed TS change requests a relaxation of the 
leakage rate requirements for one main steam line while preserving 
the overall leakage rate limit for the main steam line penetrations. 
The proposed leakage rate limit is well below any steam line leakage 
rate that is used as an accident assumption, and the proposed change 
would not increase the probability that a steam line rupture would 
occur. Therefore, the probability of an accident previously 
evaluated has not changed. In addition, the proposed overall leakage 
rate limit is the leakage rate limit used in the accident analysis, 
and that limit is not being changed by this proposal. Therefore, the 
proposed change does not increase the consequences of an accident 
previously evaluated.
    2. The proposed change would not create the possibility of a new 
or different kind of accident from any previously evaluated. The 
proposed change increases the allowable leakage rate for one main 
steam line, without changing the combined leakage rate for the four 
main steam lines. This request does not change the method for 
operation of the plant. Thus the requested change cannot create the 
possibility of a new or different kind of accident from any 
previously evaluated.
    3. The proposed change will not involve a significant reduction 
in the margin of safety. The proposed change does not revise the 
overall leakage rate permitted in the present Specifications for 
leakage through the main steam lines. An increase in the leakage 
rate of any one main steam line is not considered in any accident 
analysis. It is the combined main steam line penetration leakage 
rate that is assumed in the accident analysis. Thus, since this 
assumed leakage rate is not being revised, the proposed change does 
not involve a significant reduction in the margin of safety.

    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 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 April 1, 1996, 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 Perry Public Library, 3753 Main Street, 
Perry, Ohio. 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 

[[Page 7824]]
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 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 Gail H. Marcus: 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 Jay E. Silberg, 
Shaw, Pittman, Potts & 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 February 17, 1996, 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 Perry Public Library, 3753 Main 
Street, Perry, Ohio.
    Dated at Rockville, Maryland, this 23rd day of February 1996.
    For the Nuclear Regulatory Commission.
Jon B. Hopkins,
Senior Project Manager, Project Directorate III-3, Division of Reactor 
Projects-III/IV, Office of Nuclear Reactor Regulation.
[FR Doc. 96-4684 Filed 2-28-96; 8:45 am]
BILLING CODE 7590-01-P