[Federal Register Volume 63, Number 177 (Monday, September 14, 1998)]
[Notices]
[Pages 49137-49139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-24568]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-305]


Wisconsin Public Service Corporation; 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 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, Madison Gas and Electric Company (the licensee) for 
operation of the Kewaunee Nuclear Power Plant located in Kewaunee 
County, WI.
    The proposed amendment would reduce the maximum allowable level of 
reactor coolant system (RCS) specific activity (dose equivalent Iodine-
131). This change is based on Generic Letter 95-05, and, as described 
therein, provides a means of accepting higher projected leak rates for 
steam generator tubes while still meeting offsite and control room dose 
criteria. The proposed amendment also includes a change to the 
secondary coolant activity level for which an increased sampling 
frequency applies. The latter change is consistent with a previously 
approved amendment. These changes were previously noticed (63FR25119) 
and are being renoticed because the licensee has revised the 
application so as to further reduce the RCS specific activity limit.
    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; (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 change was reviewed in accordance with the 
provisions of 10 CFR 50.92 to show no significant hazards exist. The 
proposed change will not:
    (1) Involve a significant increase in the probability or 
consequence of an accident previously evaluated.
    The change implements a more restrictive reactor coolant system 
(RCS) activity limit. Specific RCS activity is an initial plant 
condition and, therefore, is not an accident initiator and can not 
cause the occurrence of or increase the probability of an accident. 
The change also lowers the curve of Figure TS 3.1-3 which restricts 
operation with high specific activity. The new value for specific 
activity is justified by the Westinghouse calculation which 
demonstrates acceptable offsite and control room doses following a 
main steam line break (MSLB) with a maximum allowable primary to 
secondary leak rate. By lowering the RCS specific activity and 
maintaining leakage within the projected maximum allowable, 10 CFR 
100 and GDC 19 criteria are satisfied. Therefore, the change does 
not 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 previously evaluated.
    The proposed change to the RCS specific activity limit will not 
significantly affect operation of the plant nor will it alter the 
configuration of the plant. There will be no additional challenges 
to the main steam system or the reactor coolant system pressure 
boundary and no new failure modes are introduced. Therefore, the 
proposed change will not create the possibility of a new or

[[Page 49138]]

different kind of accident from any accident previously evaluated.
    (3) Involve a significant reduction in the margin of safety.
    Reduction of the RCS specific activity limit allows an increase 
in the MSLB allowable primary to secondary leakage. The net effect 
is no reduction in the margin of safety provided by 10 CFR 100 and 
GDC 19 criteria. The maximum allowable leakage is the leakage limit 
for projected steam generator (SG) leakage following SG tube 
inspection and repair. Reducing specific activity to increase 
projected leak rate follows guidance given by GL 95-05 and 
effectively takes margin available in the specific activity limits 
and applies it to the projected SG leak rate. This has been 
determined to be an acceptable means for accepting higher projected 
leak rates while still meeting the applicable limits of 10 CFR 100 
and GDC 19 criteria with respect to offsite and control room doses. 
Additionally, monitoring of the specific activity and compliance 
with the required actions remains unchanged. Therefore, the proposed 
change does not involve a significant reduction in the margin of 
safety.
    For consistency, the value of secondary coolant activity for 
which an increased sampling frequency applies, is being corrected 
from 1.0 microcurie/gram to 0.1 microcurie/gram. This is consistent 
with a previously submitted and approved amendment, therefore, no 
significant hazards exist for this change.

    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 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 14, 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 University of Wisconsin, Cofrin Library, 
2420 Nicolet Drive, Green Bay, WI 54311-7001. 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 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.

[[Page 49139]]

    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 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 April 8, 1998, as modified by letter 
dated August 27, 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 University of Wisconsin, Cofrin Library, 2420 Nicolet Drive, Green 
Bay, WI 54311-7001.

    Dated at Rockville, Maryland, this 9th day of September 1998.

    For the Nuclear Regulatory Commission.
William O. Long,
Project Manager, Project Directorate III-1, Division of Reactor 
Projects--III/IV, Office of Nuclear Reactor Regulation.
[FR Doc. 98-24568 Filed 9-11-98; 8:45 am]
BILLING CODE 7590-01-P