[Federal Register Volume 62, Number 71 (Monday, April 14, 1997)]
[Notices]
[Pages 18153-18155]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9560]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. STN 50-528, STN 50-529, and STN 50-530]
Arizona Public Service Company; Notice of Consideration of
Issuance of Amendments to Facility Operating Licenses and Opportunity
for a Hearing
The U.S Nuclear Regulatory Commission (the Commission) is
considering issuance of amendments to Facility Operating License Nos.
NPF-41, NPF-51, and NPF-74 issued to the Arizona Public Service Company
(APS or the licensee) for operation of the Palo Verde Nuclear
Generating Station, Unit Nos. 1, 2, and 3, located in Maricopa County,
Arizona.
The proposed amendments, requested by the licensee in a letter
dated October 4, 1996, as supplemented by letter dated March 16, 1997,
would represent a full conversion from the current Technical
Specifications (TSs) to a set of TS based on NUREG-1432, Revision 1,
``Standard Technical Specifications, Combustion Engineering Plants''
dated April 1995. NUREG-1432 has been developed through working groups
composed of both NRC staff members and industry representatives and has
been endorsed by the staff as part of a industry-wide initiative to
standardize and improve TS. As part of this submittal, the licensee has
applied the criteria contained in the Commission's ``Final Policy
Statement on Technical Specification Improvements for Nuclear Power
Reactors (Final Policy Statement),'' published in the Federal Register
on July 22, 1993 (58 FR 39132), to the current Palo Verde Nuclear
Generating Station (PVNGS) TSs, and, using NUREG-1432 as a basis,
developed a proposed set of improved
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TSs for PVNGS. The criteria in the final policy statement were
subsequently added to 10 CFR 50.36, ``Technical Specifications,'' in a
rule change which was published in the Federal Register on July 19,
1995 (60 FR 36953) and became effective on August 18, 1995.
The licensee has categorized the proposed changes to the existing
TSs into six general groupings. These groupings are characterized as
administrative changes, relocated changes, more restrictive changes,
less restrictive changes, other relocated changes, and other less
restrictive changes.
Administrative changes are those that involve restructuring,
renumbering, rewording, interpretation and complex rearranging of
requirements and other changes not affecting technical content or
substantially revising an operational requirement. The reformatting,
renumbering and rewording process reflects the attributes of NUREG-1432
and do not involve technical changes to the existing TSs. The proposed
changes include (a) Providing the appropriate numbers, etc., for NUREG-
1432 bracketed information (information which must be supplied on a
plant-specific basis, and which may change from plant to plant), (b)
identifying plant-specific wording for system names, etc., and (c)
changing NUREG-1432 section wording to conform to existing licensee
practices.
Such changes are administrative in nature and do not impact
initiators of analyzed events or assumed mitigation of accident or
transient events.
Relocated changes are those involving relocation of requirements
and surveillances for structures, systems, components or variables that
do not meet the criteria for inclusion in the TSs. Relocated changes
are those current TS requirements which do not satisfy or fall within
any of the four criteria specified in the Commission's policy statement
and may be relocated to appropriate licensee-controlled documents.
The licensee's application of the screening criteria is described
in Attachment (1) of its October 4, 1996, application titled
``Application of the TS Criteria (Split Report)'' in Volume 1 of the
submittal. The affected structures, systems, components or variables
are not assumed to be initiators of analyzed events and are not assumed
to mitigate accident or transient events. The requirements and
surveillances for these affected structures, systems, components or
variables will be relocated from the TS to administratively controlled
documents such as the Updated Final Safety Analysis Report (UFSAR), the
BASES, the Technical Requirements Manual (TRM) or other licensee-
controlled documents. Changes made to these documents will be made
pursuant to 10 CFR 50.59 or other appropriate control mechanisms. In
addition, the affected structures, systems, components or variables are
addressed in existing surveillance procedures which are also subject to
10 CFR 50.59. These proposed changes will not impose or eliminate any
requirements.
More restrictive changes are those involving more stringent
requirements for operation of the facility or eliminate existing
flexibility. These more stringent requirements do not result in
operation that will alter assumptions relative to mitigation of an
accident or transient event. The more restrictive requirements will not
alter the operation of process variables, structures, systems and
components described in the safety analyses. For each requirement in
the current PVNGS TSs that is more restrictive than the corresponding
requirement in NUREG-1432 which the licensee proposes to retain in the
improved Technical Specifications (ITSs), they have provided an
explanation of why they have concluded that retaining the more
restrictive requirement is desirable to ensure safe operation of the
facilities because of specific design features of the plant.
Less restrictive changes are those where current requirements are
relaxed or eliminated, or new flexibility is provided. The more
significant ``less restrictive'' requirements are justified on a case-
by-case basis. When requirements have been shown to provide little or
no safety benefit, their removal from the TSs may be appropriate. In
most cases, relaxations previously granted to individual plants on a
plant-specific basis were the result of (a) Generic NRC actions, (b)
new NRC staff positions that have evolved from technological
advancements and operating experience, or (c) resolution of the Owners
Groups' comments on the ITSs. Generic relaxations contained in NUREG-
1432 were reviewed by the staff and found to be acceptable because they
are consistent with current licensing practices and NRC regulations.
The licensee's design will be reviewed to determine if the specific
design basis and licensing basis are consistent with the technical
basis for the model requirements in NUREG-1432 and thus provides a
basis for these revised TSs or if relaxation of the requirements in the
current TSs is warranted based on the justification provided by the
licensee.
Other changes from the current TS requirements will involve
relocating details of requirements and surveillances for these affected
structures, systems, components or variables to administratively
controlled documents such as the UFSAR, the Bases, the TRM or other
licensee-controlled documents. Changes made to these documents will be
made pursuant to 10 CFR 50.59 or other appropriate control mechanisms.
In addition, the affected structures, systems, components or variables
are addressed in existing surveillance procedures which are subject to
10 CFR 50.59. These proposed changes will not impose or eliminate any
requirements.
Other less restrictive changes are additional changes that result
in less restrictions in the TS which are discussed individually in the
licensee's submittal. In addition to the changes solely involving the
conversion, changes are proposed to the current technical
specifications or as deviations from the improved CE Technical
Specifications (NUREG-1432) as follows:
1. Limiting Condition for Operation (LCO) 3.6.1.5, containment
air temperature is being revised to incorporate instrument
uncertainties.
2. LCO 3.6.2.1, containment spray system applicability is being
revised to specify that in Modes 1, 2, 3, and 4* with the asterisk
meaning ``only when shutdown cooling is not in operation.''
3. Surveillance Requirement 4.6.2.1.c, containment spray header
piping water level is being revised to include instrument
uncertainty.
4. Surveillance Requirement 4.6.4.3.d.1, allowable pressure drop
across the hydrogen purge filtration unit is being revised as a
result of a revised analysis.
5. Surveillance Requirement 4.3.2.1, frequency testing of the
engineered safety feature actuation system (ESFAS) subgroup relays
is being extended in accordance with CE Topical Report CEN-403,
Revision 1-A and the associated safety evaluation issued by the NRC.
6. Applicability Note for LCO 3.5.1, safety injection tank
minimum nitrogen cover pressure is being revised to include
instrument uncertainties.
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 14, 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 for a hearing and a petition for leave to
[[Page 18155]]
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 Phoenix Public Library, 1221 N. Central
Avenue, Phoenix, Arizona 85004. 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 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 20555-0001, and to Nancy C. Loftin, Esq., Corporate
Secretary and Counsel, Arizona Public Service Company, P.O. Box 53999,
Mail Station 9068, Phoenix, Arizona 85072-3999, 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 October 4, 1996, as supplemented by
letter dated March 16, 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 Phoenix Public Library, 1221 N. Central Avenue, Phoenix,
Arizona 85004.
Dated at Rockville, Maryland, this 3rd day of April 1997.
For the Nuclear Regulatory Commission.
Charles R. Thomas,
Project Manager, Project Directorate IV-2, Division of Reactor Projects
III/IV, Office of Nuclear Reactor Regulation.
[FR Doc. 97-9560 Filed 4-11-97; 8:45 am]
BILLING CODE 7590-01-P