[Federal Register Volume 63, Number 243 (Friday, December 18, 1998)]
[Notices]
[Pages 70168-70169]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33588]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-271]


Vermont Yankee Nuclear Power Corporation; 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. 
DPR-28 issued to Vermont Yankee Nuclear Power Corporation (the 
licensee) for operation of the Vermont Yankee Nuclear Power Station 
located in Windham County, Vermont.
    The proposed amendment would allow intermittent opening of manual 
primary containment isolation valves with appropriate administrative 
controls. Opening these valves is necessary to perform routine 
evolutions such as surveillances, sampling and venting/draining of 
plant systems.
    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. Does the change involve a significant increase in the 
probability or consequences of an accident previously evaluated?
    This change allows an isolated primary containment penetration to 
be opened as necessary to meet operational objectives defined in 
applicable Technical Specifications and/or approved plant procedures. 
Primary containment isolation is not considered an initiator of any 
previously analyzed accident. Therefore, this change does not 
significantly increase the probability of such accidents. Although 
primary containment isolation is considered in the mitigation of the 
consequences of an accident, administrative controls provide acceptable 
compensatory actions to assure the penetration is isolated in the event 
of an accident. Therefore, the consequences of a previously analyzed 
event that may occur during the opening of the isolated line are not 
significantly increased.
    2. Does the change create the possibility of a new or different 
kind of accident from any previously evaluated?
    This change allows temporary breaches of the primary containment 
boundary under strict administrative controls, for the purposes of 
conducting normal operational evolutions required by other Technical 
Specifications and/or approved plant procedures. In the event 
containment isolation is required while any flow path is open under 
administrative controls, provisions exist to isolate that flow path 
with a single active-failure-proof boundary as required by the primary 
containment Technical Specification Limiting Conditions for Operation. 
Therefore, this change does not create the possibility of a new or 
different kind of accident from any previously analyzed accident.
    3. Does the change involve a significant reduction in a margin of 
safety?
    The margin of safety considered in determining the required 
compensatory action is also based on providing the single active-
failure-proof boundary. Opening of primary containment penetrations on 
an intermittent basis is required for performance of routine evolutions 
as noted previously. Plant procedures administratively control the 
opening and closing of the affected valves. The administrative controls 
are defined in the Technical Specifications Bases. When a manual valve 
is opened under these conditions, a dedicated operator, with whom 
Control Room communication is immediately available, is stationed in 
the immediate vicinity of the valve controls. In the event primary 
containment must be rapidly reinstated, this individual will close the 
valve in an expeditious manner. Once closed, this flow path will meet 
the same single active-failure-proof criteria as other containment 
penetrations. Since the flow path will be closed promptly on a 
containment isolation demand, the valve will be open only slightly 
longer than if it had been closed by an automatic actuator. Therefore, 
this 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 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

[[Page 70169]]

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 January 19, 1999, 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 Brooks Memorial Library, 224 Main Street, 
Brattleboro, VT 05301. 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.
    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 Mr. David R. Lewis, Shaw, Pittman, 
Potts and Trowbridge, 2300 N Street, NW., Washington, DC 20037-1128,, 
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 December 11, 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 Brooks Memorial Library, 224 Main 
Street, Brattleboro, VT 05301.

    Dated at Rockville, Maryland, this 15th day of December, 1998.

    For the Nuclear Regulatory Commission.
Richard P. Croteau,
Project Manager, Project Directorate I-3, Division of Reactor 
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 98-33588 Filed 12-17-98; 8:45 am]
BILLING CODE 7590-01-P