[Federal Register Volume 61, Number 85 (Wednesday, May 1, 1996)]
[Notices]
[Pages 19326-19327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10900]



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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-397]


Washington Public Power Supply System; 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-21 issued to the Washington Public Power Supply System (the 
licensee) for operation of WNP-2 located in Benton County, Washington.
    The proposed amendment would modify the Technical Specifications 
(TS) to reflect use of new fuel obtained from ABB/Combustion 
Engineering, and to incorporate staff-approved core reload analysis 
computer programs (codes). The proposed amendment removes reference to 
specific fuel configurations, replacing the reference with a 
requirement that only fuel that has been analyzed with applicable NRC 
staff approved codes and methods, and that have been shown by tests or 
analyses to comply with all safety design bases, may be placed in the 
core. The allowance for use of lead fuel assemblies remains in the TS.
    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. The NRC 
staff has reviewed the licensee's analysis against the standards of 
50.92(c). The NRC staff's review is presented below:
    (1) Does the proposed amendment involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    The proposed change to the design of fuel specified for use in the 
WNP-2 core does not affect the requirements for fuel integrity, power 
generation and thermal limits, and core stability specified in the 
design basis for the facility and in the limiting conditions for 
operation (LCOs) specified in the TS. The update of the codes used to 
analyze the fuel ensures that the current NRC staff approved computer 
models and methodologies are used to analyze the fuel to ensure the 
fuel meets the requirements for integrity, power generation and thermal 
limits, and core stability. Since the proposed change will not change 
the factors that assure core design is maintained within the design 
basis, and since the design basis for the fuel assures that the 
analysis assumptions for accidents previously evaluated are maintained, 
the proposed change does not appear to increase the probability or 
consequences of an accident previously evaluated.
    (2) Does the proposed amendment create the possibility of a new or 
different kind of accident from any accident previously evaluated?
    The proposed amendment does not introduce new or different 
equipment into the plant. The proposed change would allow different 
design of fuel pin internals, and different configurations for the fuel 
bundles. The fuel design would not change the nuclear and thermal 
hydraulic considerations, subject to physical laws, that must be met to 
assure fuel integrity. Thus the proposed change does not create the 
possibility of a new or different kind of accident from any accident 
previously evaluated.
    (3) Does the proposed amendment involve a significant reduction in 
the margin of safety?
    The margins of safety for fuel design are established by current TS 
and the core operating limits report (COLR). The proposed change does 
not affect the limits in the TS, which contain the regulatory safety 
limits that must be met to assure fuel integrity. Additional limits to 
assure that reactivity and power distribution assumptions for design 
analyses are included in the COLR. Use of codes approved for analyzing 
the specific fuel designs used in the core assures that the analyzed 
limits in the COLR will assure that the reactor will remain within the 
bounds of the plant safety analysis. Since the proposed change does not 
change the bounds of the plant safety analysis itself, the proposed 
change does not affect the margins of safety.
    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 Rules Review and 
Directives Branch, Division of Freedom of Information and Publications

[[Page 19327]]

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 May 31, 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 Richland Public Library, 955 Northgate 
Street, Richland, Washington 99352. 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 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, 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 William H. Bateman, Director, Project Directorate 
IV-2: 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 M.H. Phillips, Jr., Esq., Winston & 
Strawn, 1400 L Street, NW, Washington, DC 20005-3512, 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 April 24, 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 Richland Public Library, 
955 Northgate Street, Richland, Washington 99352.

    Dated at Rockville, Maryland, this 29th day of April 1996.

    For the Nuclear Regulatory Commission.
William H. Bateman,
Director, Project Directorate IV-2, Division of Reactor Projects III/
IV, Office of Nuclear Reactor Regulation.
[FR Doc. 96-10900 Filed 4-30-96; 8:45 am]
BILLING CODE 7590-01-P