[Federal Register Volume 62, Number 103 (Thursday, May 29, 1997)]
[Notices]
[Pages 29160-29163]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14015]


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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 Washington Public Power Supply System (the licensee) 
for operation of the Washington Nuclear Project No. 2 (WNP-2) located 
in Benton County, Washington.
    The proposed amendment would revise the Minimum Critical Power 
Ratio (MCPR) limits in Technical Specification (TS) 2.1.1.2 to indicate 
that for ATRIUM-9X fuel the MCPR limit shall be greater than or equal 
to 1.13 for two loop operation and greater

[[Page 29161]]

than or equal to 1.14 for single loop operation. The limits for all 
other fuel would remain the same. The proposed amendment would also add 
a new reference to Section 5.6.5 ``Core Operating Limits Report'' of 
the TS. This change reflects new ATRIUM-9X additive constant 
uncertainty calculations. The respective BASES have also been modified 
accordingly.
    The exigent circumstances for this TS amendment request exist in 
order to avoid an unnecessary delay in restart of the facility. Siemens 
Power Corporation provided revised MCPR limits to the licensee for 
ATRIUM-9X fuel by letter dated May 20, 1997, therefore, the exigent 
circumstances could not have been avoided.
    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.
    Pursuant to 10 CFR 50.91(a)(6) for amendments to be granted under 
exigent circumstances, the NRC staff must determine 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, which is presented 
below:
    1. The proposed change does not involve a significant increase in 
the probability or consequences of an accident previously evaluated.
    The probability of an evaluated accident is derived from the 
probabilities of the individual precursors to that accident. The 
consequences of an evaluated accident are determined by the operability 
of plant systems designed to mitigate those consequences. Limits have 
been established consistent with NRC approved methods to ensure that 
fuel performance during normal, transient, and accident conditions is 
acceptable. The proposed Technical Specifications amendment 
conservatively establishes the ATRIUM-9X MCPR safety limit for WNP-2 
such that the fuel is protected during normal operation as well as 
during plant transients or anticipated operational occurrences.
    The probability of an evaluated accident is not increased by 
increasing the ATRIUM-9X MCPR safety limit to [greater than or equal 
to] 1.13 (two loop operation) or [greater than or equal to] 1.14 
(single loop operation). The change does not require any physical plant 
modifications, physically affect any plant component, or entail changes 
in plant operation. Therefore, no individual precursors of an accident 
are affected.
    This Technical Specification amendment proposes to change the MCPR 
safety limit for ATRIUM-9X fuel to protect the fuel during normal 
operation as well as during plant transients or anticipated operational 
occurrences. The method that is used to determine the ATRIUM-9X 
additive constant uncertainty is conservative, such that the resulting 
ATRIUM-9X MCPR safety limit is high enough to ensure that less than 
0.1% of the fuel rods are expected to experience boiling transition if 
the limit is not violated. Operational limits will be established based 
on the proposed ATRIUM-9X MCPR safety limits to ensure that the safety 
limits are not violated. This will ensure that the fuel design safety 
criteria (more than 99.9% of the fuel rods avoid transition boiling 
during normal operation as well as anticipated operational occurrences) 
is met. In addition, since the operability of plant systems designed to 
mitigate any consequences of accidents have not changed, the 
consequences of an accident previously evaluated are not expected to 
increase.
    2. The proposed change does not create the possibility of a new or 
different kind of accident from any accident previously evaluated.
    Creation of the possibility of a new or different kind of accident 
would require the creation of one or more new precursors of that 
accident. New accident precursors may be created by modifications of 
the plant configuration, including changes in allowable modes of 
operation. This Technical Specification submittal does not involve any 
modifications of the plant configuration or allowable modes of 
operation. This Technical Specification change results in added 
conservatism in the ATRIUM-9X MCPR safety limits due to analytical 
changes and use of an expanded database. Therefore, no new precursors 
of an accident are created and no new or different kinds of accidents 
are created.
    3. The proposed change does not involve a significant reduction in 
a margin of safety.
    The MCPR safety limit provides a margin of safety by ensuring that 
less than 0.1% of the rods are expected to be in boiling transition if 
the MCPR limit is not violated. The proposed Technical Specification 
amendment is based on conservative calculations by SPC [Siemens Power 
Corporation] using the new ATRIUM-9X additive constant uncertainty. 
These new ATRIUM-9X additive constant uncertainty calculations are 
based on a larger pool of data than previous calculations (527 data 
points versus 82 data points). Additionally, the revised additive 
constant uncertainty is being conservatively applied to calculate a new 
ATRIUM-9X MCPR safety limit which is more restrictive than the current 
limit.
    Because more conservative methods are being used to calculate and 
apply the additive constant uncertainty to the ATRIUM-9X MCPR safety 
limit calculation, a decrease in the margin of safety will not occur 
due to changing the ATRIUM-9X MCPR safety limit. The revised safety 
limit will continue to ensure that an appropriate level of fuel 
protection exists. Additionally, operational limits will be established 
based on the proposed ATRIUM-9X MCPR safety limit to ensure that the 
ATRIUM-9X MCPR safety limit is not violated. This will ensure that the 
fuel design safety criteria of more than 99.9% of the fuel rods 
avoiding transition boiling during normal operation as well as 
anticipated operational occurrences is met.
    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 14 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 14-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, shutdown or failure to 
restart the facility, the Commission may issue the license amendment 
before the expiration of the 14-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.

[[Page 29162]]

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 June 30 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 NRC's 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 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.
    If the amendment is 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 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 20555-0001, 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 Perry D. Robinson, Esq., Winston & 
Strawn, 1400 L Street, NW., Washington, DC 20005-3502, 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 20, 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 NRC's Local 
Public Document Room located at the Richland Public Library, 955

[[Page 29163]]

Northgate Street, Richland, Washington 99352.

    Dated at Rockville, Maryland, this 22nd day of May 1997.

    For the Nuclear Regulatory Commission.
Timothy G. Colburn,
Senior Project Manager, Project Directorate IV-2, Division of Reactor 
Projects III/IV, Office of Nuclear Reactor Regulation.
[FR Doc. 97-14015 Filed 5-28-97; 8:45 am]
BILLING CODE 7590-01-P