[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