[Federal Register Volume 62, Number 140 (Tuesday, July 22, 1997)]
[Notices]
[Pages 39283-39284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19200]



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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-331]


IES Utilities Inc., Central Iowa Power Cooperative, Corn Belt 
Power Cooperative, and Duane Arnold Energy Center; 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. 
DPR-49 issued to IES Utilities Inc. (the licensee), for operation of 
the Duane Arnold Energy Center (DAEC), located in Linn County, Iowa.
    The proposed amendment, requested by the licensee in a letter dated 
October 30, 1996, would represent a full conversion from the current 
Technical Specifications (CTSs) to a set of improved Technical 
Specifications (ITSs) based on NUREG-1433, Revision 1, ``Standard 
Technical Specifications, General Electric Plants BWR/4,'' dated April 
1995. NUREG-1433 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 an industry-wide initiative to 
standardize and improve CTSs. 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 DAEC CTSs and, using 
NUREG-1433 as a basis, developed a proposed set of ITSs for DAEC. The 
criteria in the Final Policy Statement subsequently were incorporated 
in 10 CFR 50.36, ``Technical Specifications,'' in a rule change that 
was published in the Federal Register on July 19, 1995 (60 FR 36953). 
The rule change became effective August 18, 1995.
    The licensee has categorized the proposed changes to the CTSs into 
four general groupings. These groupings are characterized as 
administrative changes, technical changes--relocations, technical 
changes--more restrictive, and technical changes--less restrictive.
    Administrative changes are those that involve restructuring, 
renumbering, rewording, interpretation, and rearranging of requirements 
and other changes not affecting technical content or substantially 
revising an operational requirement. The reformatting, renumbering, and 
rewording processes reflect the attributes of NUREG-1433 and do not 
involve technical changes to the CTSs. The proposed changes include (a) 
providing the appropriate numbers, etc., for NUREG-1433 bracketed 
information (information that 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-
1433 section wording to conform to existing licensee practices. Such 
changes are administrative in nature and do not affect initiators of 
analyzed events or assumed mitigation of accident or transient events.
    Technical changes--relocations are those changes involving 
relocation of requirements and surveillances from the CTS to licensee-
controlled documents, for structures, systems, components, or variables 
that do not meet the criteria for inclusion in the ITSs. Relocated 
changes are those CTS requirements that do not satisfy or fall within 
any of the four criteria specified in the Commission's Final Policy 
Statement and 10 CFR 50.36, and may be relocated to appropriate 
licensee-controlled documents.
    The licensee's application of the screening criteria is described 
in Volume 1 of its October 30, 1996, application titled, ``Duane Arnold 
Energy Center Improved Technical Specifications Split Report and 
Relocated CTS Pages.'' The affected structures, systems, components, or 
variables are not assumed to be initiators of events analyzed in the 
Updated Final Safety Analysis Report (UFSAR) and are not assumed to 
mitigate accident or transient events analyzed in the UFSAR. The 
requirements and surveillances for these affected structures, systems, 
components, or variables will be relocated from the CTS to 
administratively controlled documents such as the UFSAR, the BASES, 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.
    Technical Changes--more restrictive are those changes that involve 
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. For each requirement in the DAEC CTSs that 
is more restrictive than the corresponding requirement in NUREG-1433, 
which the licensee proposes to retain in the ITSs, the licensee has 
provided an explanation of why it has concluded that the more 
restrictive requirement is desirable to ensure safe operation of the 
facility.
    Technical changes--less restrictive are changes 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 ITSs may be 
appropriate. In most cases, relaxations 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  resolution of the 
Owners Groups'' comments on the ITSs. Generic relaxations contained in 
NUREG-1433 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 information will be reviewed to 
determine if its specific design and licensing bases are consistent 
with the technical justifications contained in NUREG-1433. This will 
determine if a foundation exists for the ITSs or if relaxation of the 
requirements in the CTSs is warranted by the justifications provided by 
the licensee.
    In addition to the changes solely involving the conversion, changes 
are proposed to the CTSs or as deviations from the improved GE 
Technical Specifications (NUREG-1433) as follows:
    1. The DAEC ITS 3.5.1 modifies the NUREG-1433 Limiting Condition of 
Operation (LCO) 3.5.1 by revising Conditions C, D, G, and I to allow 
certain combinations of Emergency Core Cooling systems/subsystems out-
of-service that are supported by the DAEC Loss-of-Coolant Accident 
(LOCA) analysis.
    2. The DAEC ITS Surveillance Requirements (SRs) 3.5.1.4, 3.5.1.5, 
and 3.5.1.6 modify the NUREG-1433 SRs 3.5.1.7, 3.5.1.8, and 3.5.1.9 to 
relax the required flow rates per the DAEC LOCA analysis, using the 
NRC-approved SAFER/GESTR-LOCA model.
    3. The DAEC ITS SR 3.8.4.1 modifies the frequency for the NUREG-
1433 SR 3.8.4.1 for performing pilot cell inspections from weekly to 
monthly, in accordance with industry (IEEE-450) and vendor 
recommendations.
    4. The DAEC ITSs relocate the requirements for Suppression Pool

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Spray (NUREG-1433 LCO 3.6.2.4) to licensee-controlled documents, as 
they do not meet the 10 CFR 50.36(c)(2)(ii) screening criteria.
    5. The DAEC ITS 3.0.3 modifies the NUREG-1433 LCO 3.0.3 to allow 8 
hours versus 6 hours to reach Mode 2. In addition, all other Required 
Actions that require reaching Mode 2 in 6 hours have been extended to 8 
hours for consistency.
    6. The DAEC ITSs 3.4.8 and 3.9.7 modify the NUREG-1433 LCOs 3.4.7 
and 3.9.8 to not require forced circulation when reactor coolant 
temperature is less than 150 deg.F.
    7. The DAEC ITS SR 3.8.1.13 combines the NUREG-1433 SRs 3.8.1.11, 
3.8.1.12, and 3.8.1.19 to eliminate unnecessary multiple Emergency 
Diesel Generator starts.
    8. The DAEC ITS 3.4.7 modifies the applicability of the NUREG-1433 
LCO 3.4.8 to use the Reactor Core Isolation Cooling (RCIC) low pressure 
isolation alarm in lieu of the Shutdown Cooling cut-in pressure 
permissive.
    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 August 21, 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 Cedar Rapids Public Library, 500 First 
Street, SE., Cedar Rapids, IA 52401. 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. 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.
    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: Rulemakings and 
Adjudications Staff, or may be delivered to the Commission's Public 
Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC, 
by the above date. 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 Jack Newman, Kathleen Shea, Morgan, 
Lewis & Bockius, 1800 M Street, NW., Washington, DC 20036-5869, 
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 30, 1996, 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 Cedar Rapids Public Library, 500 
First Street, SE., Cedar Rapids, IA 52401.

    Dated at Rockville, Maryland, this 16th day of July 1997.

    For the Nuclear Regulatory Commission.
Glenn B. Kelly, Sr.,
Project Manager, Project Directorate III-3, Division of Reactor 
Projects III/IV, Office of Nuclear Reactor Regulation.
[FR Doc. 97-19200 Filed 7-21-97; 8:45 am]
BILLING CODE 7590-01-P