[Federal Register Volume 63, Number 175 (Thursday, September 10, 1998)]
[Notices]
[Pages 48529-48531]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-24303]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-461]


Illinois Power Company; 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-62 issued to Illinois Power Company (IP, or the licensee) for 
operation of the Clinton Power Station (CPS), located in DeWitt County, 
Illinois.
    The proposed amendment concerns the ``ready-to-load'' requirement 
for the Division 3 diesel generator (DG). The Division 3 DG requires 
operator action to reset the mechanical governor to meet the ``ready-
to-load'' requirement.
    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 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 proposed change revises the acceptance criteria for meeting 
the ``ready-to-load'' requirement denoted by TS Surveillance 
Requirement (SR) 3.8.1.17 for the Division 3 Diesel Generator (DG). 
The proposed change also adds a discussion of this acceptance 
criterion to the USAR [updated safety analysis report] to clarify 
the intent of the requirement. The proposed change allows manual 
operator action to reset the governor upon receipt of an ECCS 
[emergency core cooling system] signal. Analyzed events are 
considered to be initiated by the failure of plant structures, 
systems, or components. The DGs are not considered as initiators of 
any analyzed event. The proposed change does not have a detrimental 
impact on the condition or performance of any plant structure, 
system, or component that initiates an analyzed event. The proposed 
change will not alter the operation of or otherwise increase the 
failure probability of any plant equipment that initiates an 
analyzed event. As such, the probability of occurrence for a 
previously analyzed accident is not significantly increased.
    The consequences of a previously analyzed event are dependent on 
the initial conditions assumed for the analysis, the availability 
and successful functioning of the equipment assumed to operate in 
response to the analyzed event, and the setpoints at which these 
actions are initiated. The Division 3 DG continues to override the 
test mode and return the DG to a standby operation. The manual 
operator action to reset the governor following the receipt of an 
ECCS signal, continues to ensure that the equipment being powered by 
the DG will perform its intended function. The proposed change 
continues to ensure that the Division 3 DG will adequately support 
its design basis performance and mitigative function during an 
accident. Since the manual operator action performed during the test 
mode ensures that the governor is reset upon receipt of an ECCS 
signal, no analyses assumptions are violated and there are no 
adverse effects on the factors that contribute to offsite or onsite 
dose as the result of an accident. The proposed change does not 
affect setpoints that initiate protective or mitigative actions. The 
proposed change ensures that plant structures, systems, or 
components are maintained consistent with the safety analysis and 
licensing bases. Based on this evaluation, there is no significant 
increase in the consequences of a previously analyzed event.
    Therefore, this change will not involve a significant increase 
in the probability or consequences of any accident previously 
evaluated.
    (2) The proposed change would not create the possibility of a 
new or different kind of accident from any accident previously 
evaluated.
    The proposed change revises the acceptance criteria for meeting 
the ``ready-to-load'' requirement denoted by TS SR 3.8.1.17 for the 
Division 3 DG. The proposed change also adds a discussion of this 
acceptance criterion to the USAR to clarify the intent of the 
requirement. The proposed change does not change the operating 
characteristics or the safety function of the DG. The DG performs a 
mitigative function. No new or

[[Page 48530]]

different equipment is being installed and no installed equipment, 
which might initiate an analyzed event, is being operated in a 
different manner. The proposed change does not impact core 
reactivity or the manipulation of fuel bundles. There is no 
alteration to the parameters within which the plant is normally 
operated or in the setpoints that initiate protective or mitigative 
actions. As a result no new failure modes are being introduced. 
There are no changes in the methods governing normal plant 
operation, nor are the methods utilized to respond to plant 
transients altered.
    Therefore, the proposed change does not create the possibility 
of a new or different kind of accident from any previously 
evaluated.
    (3) The proposed change will not involve a significant reduction 
in the margin of safety.
    The margin of safety is established through the design of the 
plant structures, systems, and components, the parameters within 
which the plant is operated, and the establishment of the setpoints 
for the actuation of equipment relied upon to respond to an event. 
The proposed change revises the acceptance criteria for meeting the 
``ready-to-load'' requirement denoted by TS SR 3.8.1.17 for the 
Division 3 DG. The proposed change also adds a discussion of this 
acceptance criterion to the USAR to clarify the intent of the 
requirement. The proposed change allows manual operator action to 
reset the governor upon receipt of an ECCS signal. This ensures that 
appropriate frequency limits are obtained and that the Division 3 DG 
can perform its intended function. Thus, the proposed change does 
not significantly impact the condition or performance of structures, 
systems, and components relied upon for accident mitigation. 
Additionally, the proposed change does not significantly impact any 
safety analysis assumptions or results.
    Therefore, the proposed change does not involve a significant 
reduction in a margin of safety.

    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 of 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 derating or shutdown 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 Chief, Rules and 
Directives Branch, Division of Administrative 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 6D59, 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 October 13, 1998, 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 Vespasian Warner Public Library, 310 N. 
Quincy Street, Clinton, IL 61727. 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 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

[[Page 48531]]

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 20555-0001, 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 Leah Manning Stetzner, Vice 
President, General Counsel, and Corporate Secretary, 500 South 27th 
Street, Decatur, IL 62525, 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 August 24, 1998, 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 Vespasian Warner Public Library, 310 N. 
Quincy Street, Clinton, IL 61727.

    Dated at Rockville, Maryland, this 2nd day of September 1998.

    For the Nuclear Regulatory Commission.
Jon B. Hopkins,
Senior Project Manager, Project Directorate III-3, Division of Reactor 
Projects--III/IV, Office of Nuclear Reactor Regulation.
[FR Doc. 98-24303 Filed 9-9-98; 8:45 am]
BILLING CODE 7590-01-P