[Federal Register Volume 62, Number 94 (Thursday, May 15, 1997)]
[Notices]
[Pages 26829-26831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12735]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-305]


Wisconsin Public Service Company; Wisconsin Power and Light 
Company; Madison Gas and Electric Company; Notice of Consideration of 
Issuance of Amendment To Facility Operating License, Proposed No 
Significant Hazards Consideration Determination, and Opportunity for a 
Hearing

    The United States Nuclear Regulatory Commission (the Commission) is 
considering issuance of an amendment to Facility Operating License No. 
DPR-43 issued to Wisconsin Public Service Corporation, Wisconsin Power 
and Light Company, and Madison Gas and Electric Company (the licensee), 
for operation of the Kewaunee Nuclear Power Plant, located in Kewaunee 
County, Wisconsin.
    The proposed amendment would change the main steam isolation valve 
(MSIV) closure time assumption referenced in the Basis for Technical 
Specification (TS) 4.7.
    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

[[Page 26830]]

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; (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:

    The proposed changes were reviewed in accordance with the 
provisions of 10 CFR 50.92 to determine that no significant hazards 
exist. The proposed changes will not:
    1. Involve a significant increase in the probability or 
consequences of an accident previously evaluated.
    The closure time for the (MSIVs) is not an accident initiator. 
The surveillance requirement for the MSIVs will remain unchanged. 
Therefore, this change will not increase the probability of 
occurrence of an accident previously evaluated.
    The main steam line break (MSLB) accident analysis has many 
conservative input assumptions. The 10 second MSIV closure value is 
overly conservative. This value can be reduced to a value greater 
than or equal to the value required by TS 4.7 and will still be a 
conservative value with regard to actual closure times expected. 
Changing the analysis input assumptions will result in less severe 
analytical consequences, but does not change the underlying accident 
progression. Therefore, this change will not increase the 
consequences of an accident previously analyzed.
    2. Create the possibility of a new or different kind of accident 
from any accident previously evaluated.
    This change revises a specified analysis assumption for MSIV 
closure in the Basis for TS 4.7. Changing the closure time allowed 
for analysis purposes will not create a new or different kind of 
accident from any accident previously evaluated.
    3. Involve a significant reduction in the margin of safety.
    The MSLB accident analysis employs several conservative input 
assumptions. The revised assumption for the MSIVs is conservative 
with respect to actual valve performance. The surveillance test 
results for the MSIVs over the past 10 years, a total of 53 tests, 
revealed that the MSIVs close within 3-4 seconds, with them closing 
between 4-5 seconds on only 4 occasions. The surveillance tests are 
performed during intermediate or hot shutdown conditions to test in 
an environment most similar to accident conditions. There is 
negligible flow through the main steam lines during this test. Since 
the valves are tested at a condition with negligible flow, during an 
accident the valves would close more quickly as the valve disc 
enters the flow stream. In the past 10 years, one MSIV failed to 
meet its timing test on one occasion, and the other MSIV failed to 
meet its timing test on two occasions. The cause of two of the three 
failures was attributed to sticking limit switches, which were valve 
indication problems, not valve performance problems. The cause of 
the remaining failure was not explicitly identified. The MSIVs have 
been very reliable in meeting their timing tests. Using a closure 
assumption less than 10 seconds will continue to provide 
conservatism in the MSLB accident analysis, as long as the value 
chosen meets the value required by TS 4.7.
    Any future MSLB analyses implementing the less conservative MSIV 
closure assumption must continue to meet the acceptance criteria 
required by Kewaunee's Updated Safety Analysis Report (USAR), and 
thereby, demonstrate that adequate margin of safety is maintained.

    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 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 preventing startup 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 
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, MD, from 7:30 a.m. to 4:15 p.m. on 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 June 16, 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 
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 University of Wisconsin, Cofrin Library, 
2420 Nicolet Drive, Green Bay, WI. 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

[[Page 26831]]

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. The 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 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 Bradley D. Jackson, 
Esq., Foley and Lardner, P.O. Box 1497, Madison, WI 53701-1497, 
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 May 2, 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 University of Wisconsin, Cofrin Library, 
2420 Nicolet Drive, Green Bay, WI.

    Dated at Rockville, Maryland, this 8th day of May 1997.

    For the Nuclear Regulatory Commission.
Richard J. Laufer,
Project Manager, Project Directorate III-3, Division of Reactor 
Projects III/IV, Office of Nuclear Reactor Regulation.
[FR Doc. 97-12735 Filed 5-14-97; 8:45 am]
BILLING CODE 7590-01-P