[Federal Register Volume 62, Number 23 (Tuesday, February 4, 1997)]
[Notices]
[Pages 5256-5258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2685]


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


Wisconsin Electric Power Company; Notice of Consideration of 
Issuance of Amendments 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 amendments 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 Power Plant, Units 
1 and 2, located in Manitowoc County, Wisconsin.
    The proposed amendments would change Technical Specification 
requirements related to the low temperature overpressure protection 
(LTOP) system. Specifically, the reactor coolant system (RCS) 
temperature below which LTOP is required to be enabled and the 
temperature below which one high pressure safety injection pump is 
required to be rendered inoperable would be changed from less than 275 
degrees Fahrenheit to less than 355 degrees Fahrenheit. Additionally, 
the restriction of ``less than the minimum pressurization temperature 
for the inservice pressure test as defined in Figure 15.3.1-1'' would 
be deleted and the specific temperature limit of less than 355 degrees 
Fahrenheit would be specified. The setpoint for the pressurizer power-
operated relief valves (PORVs) would be changed from less than or equal 
to 425 pounds per square inch gage (psig) to less than or equal to 440 
psig to allow for instrument

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inaccuracies and increased margin allowed by the use of American 
Society of Mechanical Engineers (ASME) Boiler and Pressure Vessel Code 
Case N-514. These modified requirements for LTOP ensure that RCS 
materials meet the requirements of Title 10 of the Code of Federal 
Regulations, Section 50.60, ``Acceptance Criteria for Fracture 
Prevention Measures for Lightwater Nuclear Power Reactors for Normal 
Operation'' (10 CFR 50.60) in accordance with 10 CFR Part 50, 
Appendices G and H, and in accordance with the exemption granted on 
January 27, 1997, which allows the use of ASME Code Case N-514 as an 
acceptable alternative. Finally, editorial changes would be made to 
rename the ``Overpressure Mitigating System'' to the ``Low Temperature 
Overpressure Protection System.'' The proposed amendment requests 
revise a previous submittal dated September 19, 1996, as supplemented 
November 18, 1996. The September 19, 1996, application was noticed in 
the Federal Register on October 1, 1996 (61 FR 51308).
    On January 27, 1997, the NRC granted an exemption request submitted 
by the licensee on July 1, 1996. The licensee submitted the revised 
amendment requests, based on receiving the exemption, to eliminate the 
restriction on reactor coolant pump operation and to revise PORV 
setpoints. The licensee's January 13, 1997, submittal, as supplemented 
on January 27, 1997, stated that the conclusions provided in the 
September 19, 1996, ``No Significant Hazards Consideration'' were not 
altered by the additional information provided in its January 13, 1997, 
submittal, as supplemented on January 27, 1997.
    The January 27, 1997, submittal requested the proposed amendments 
be handled on an exigent basis based on the current schedule which 
indicates that reactor vessel head tensioning will begin on February 
10, 1997. An operable LTOP system is required after the head is 
tensioned to ensure safe operation unless adequate venting capability 
is provided.
    Before issuance of the proposed license amendments, 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 
requests involve 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 amendments 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 10 CFR 
50.92(c). The NRC staff's review is presented below.
    (1) The proposed changes do not involve a significant increase in 
the probability or consequences of an accident previously evaluated.
    The proposed changes will explicitly define the temperature at 
which LTOP is required to be enabled, raise the temperature at which 
one high pressure safety injection pump is required to be rendered 
inoperable, and increase the setpoint of the PORVs. The changes do not 
affect any accident analyses since the LTOP is required only when RCS 
temperatures are low. LTOP is not required during power operation. The 
consequences or probability of a previously evaluated accident will, 
therefore, not significantly be increased.
    (2) The proposed changes do not create the possibility of a new or 
different kind of accident from any accident previously evaluated.
    The proposed changes will still meet the requirements for fracture 
toughness requirements required by 10 CFR 50.60 as modified by the use 
of ASME Code Case N-514 which was approved as an alternative to 
describe requirements in 10 CFR Part 50, Appendices G and H. Therefore, 
a new or different kind of accident is not created.
    (3) The proposed changes do not result in a significant reduction 
in the margin of safety.
    The proposed changes increase the range of the temperature region 
where the LTOP system is needed, while increasing the allowed setpoint 
pressure by only 3.5 percent. Therefore, these changes do not involve a 
significant reduction in a margin 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 requests involve 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 amendments 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 amendments before the expiration 
of the 15-day notice period, provided that its final determination is 
that the amendments involve 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 Chief, Rules 
Review and Directives Branch, Division of Freedom of Information and 
Publications Services, Office of Administration, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, 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 March 6, 1997, the licensee may file a request for a hearing 
with respect to issuance of the amendments 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

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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 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 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.
    If the amendments are 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 requests involve 
no significant hazards consideration, the Commission may issue the 
amendments and make them immediately effective, notwithstanding the 
request for a hearing. Any hearing held would take place after issuance 
of the amendments.
    If the final determination is that the amendment requests involve a 
significant hazards consideration, any hearing held would take place 
before the issuance of any amendments.
    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 20555-0001, 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 John N. Hannon: 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 20555-0001, 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 
applications for amendment dated September 19, 1996, as supplemented 
November 18, 1996, and revised January 13, 1997, and supplemented on 
January 27, 1997, 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 Joseph P. Mann Library, 1516 Sixteenth Street, Two Rivers, 
Wisconsin.

    Dated at Rockville, Maryland, this 30th day of January 1997.

    For the Nuclear Regulatory Commission.
Linda L. Gundrum,
Project Manager, Project Directorate III-1, Division of Reactor 
Projects--III/IV, Office of Nuclear Reactor Regulation.
[FR Doc. 97-2685 Filed 2-3-97; 8:45 am]
BILLING CODE 7590-01-P