[Federal Register Volume 62, Number 68 (Wednesday, April 9, 1997)]
[Notices]
[Pages 17220-17221]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9060]


-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[Docket No. 50-461]


Illinois Power Co.; Notice of 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 No. 
NPF-62, issued to Illinois Power Company (the licensee), for operation 
of the Clinton Power Station, Unit 1 (CPS), located in DeWitt County, 
Illinois.
    As described in CPS Licensee Event Report 94-005, the degraded 
voltage relays at CPS and their setpoints are not sufficient to ensure 
proper operation of all Class 1E equipment, contrary to the current 
licensing basis for CPS. As interim corrective action, the licensee 
installed an undervoltage alarm for the Division 1, 2, and 3, 4.16-kV 
buses and established contingent operator actions in order to minimize 
the potential that the Class 1E loads would receive inadequate voltage 
for proper operation. Subsequent licensee review of these interim 
administrative controls has concluded that, although the use of 
compensatory administrative controls reduces the risk associated with a 
degraded voltage condition, reliance on the interim administrative 
controls can potentially result in a malfunction of equipment important 
to safety of a different type than previously evaluated in the CPS 
Updated Safety Analysis Report and therefore, constitutes an unreviewed 
safety question. In addition, the licensee has concluded that the 
interim administrative controls can result in a small reduction in the 
margin of safety as defined in the CPS technical specifications.
    The proposed amendment, requested by the licensee in their letter 
dated April 1, 1997, would modify Technical Specification Table 
3.3.8.1-1, ``Loss of Power Instrumentation.'' The proposed change 
requires the interim administrative controls to be maintained to 
minimize the potential that the Class 1E loads would receive inadequate 
voltage in the event of a degraded voltage condition. These controls 
are to be maintained until the licensee completes planned modifications 
for upgrading the degraded voltage protection instrumentation and 
distribution system for all three divisions of safety-related AC power. 
The new interim administrative controls primarily consist of system 
planning controls on the voltage of the 345-kV offsite grid, 
notification of plant operators under offsite grid conditions that may 
result in a degraded voltage condition if CPS tripped off-line, and 
utilizing an installed degraded voltage alarm that will prompt 
operators to take action to transfer the 4.16-kV buses to their 
associated diesel generators in the event voltage is not adequate to 
ensure proper operation of the Class 1E loads.
    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 May 9, 1997, 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

[[Page 17221]]

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 Vespasian Warner Public Library, 120 West Johnson Street, Clinton, 
Illinois 61727. 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 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.
    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 Gail Marcus, 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 20555-0001, and to Leah Manning Stetzner, 
Vice President, General Counsel, and Corporate Secretary, 500 South 
27th Street, Decatur, Illinois 62525, 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).
    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 consideration in accordance with 10 CFR 50.91 and 50.92.
    For further details with respect to this action, see the 
application for amendment dated April 1, 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 Vespasian Warner Public Library, 120 West 
Johnson Street, Clinton, Illinois 61727.

    Dated at Rockville, MD, this 3rd day of April 1997.

    For the Nuclear Regulatory Commission.
Cynthia A. Carpenter,
Acting Director, Project Directorate III-3, Division of Reactor 
Projects--III/IV, Office of Nuclear Reactor Regulation.
[FR Doc. 97-9060 Filed 4-8-97; 8:45 am]
BILLING CODE 7590-01-P