[Federal Register Volume 64, Number 135 (Thursday, July 15, 1999)]
[Notices]
[Pages 38221-38223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18056]


-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[Docket No. 50-482]


Wolf Creek Nuclear Operating 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. 
NPF-42 issued to Wolf Creek Nuclear Operating Corporation (the 
licensee) for operation of the Wolf Creek Generating Station (WCGS) 
located in Coffey County, Kansas.
    The proposed amendment request dated June 30, 1999, would revise 
Technical Specification (TS) 3/4.7.5 of the current TSs by adding a 
temporary action statement that would allow the plant to operate for up 
to 12 hours with an inlet temperature up to but less than 95 degrees F. 
The current TS limit is 90 degrees F. This new action statement would 
be temporary in that it would be effective until September 30, 1999, 
after the summer. This action statement was added to the current TSs in 
Amendment 118 dated July 18, 1998, but it was only effective until 
September 30, 1998. Amendment 118 was issued because in 1998 the WCGS 
cooling lake that provides inlet water to the plant exceeded 89 degrees 
F and, due to predictions for continuing harsh meteorological 
conditions throughout the summer of 1998, the concern existed that the 
plant inlet temperature would exceed 90 degrees F and the plant would 
be forced to have an unnecessary shutdown. The licensee submitted a 
permanent change to TS 3/4.7.5 on January 12, 1999; however, the 
Commission considers this proposed change to be generic in nature and 
should be reviewed as a change to NUREG-1431, Standard Technical 
Specifications, Westinghouse Plants.'' NUREG-1431 is the standard for 
the Improved Technical Specifications that were issued for WCGS in 
Amendment 123 dated March 31, 1999. To allow the Commission sufficient 
time to review the generic change to NUREG-1431, the licensee was 
requested to resubmit the temporary change approved in Amendment 118 
with the temporary change being effective until September 30, 1999, for 
the warm weather of this summer. This is the change submitted by the 
licensee on June 30, 1999.
    The proposed change is only to the current TSs because the improved 
TSs issued in Amendment 123 will become effective after September 30, 
1999, when this temporary change is no longer valid.
    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 does not involve any physical alteration of 
plant systems, structures or components. The proposed change 
provides an allowed time [12 hours] for the plant to continue 
operation with plant inlet water temperature in excess of the 
current technical specification limit of 90 deg.F, but less than the 
design limit of 95 deg.F for plant components. The plant inlet water 
temperature is not assumed to be an initiating condition of any 
accident analysis evaluated in the updated safety analysis report 
(USAR). Therefore, the allowance of a limited time for the water 
temperature to be in excess of the current limit does not involve an 
increase in the probability of an accident previously evaluated in 
the USAR. The UHS [ultimate heat sink] supports operability of 
safety related systems used to mitigate the consequences of an 
accident. Plant operation for brief periods with plant inlet water 
temperature greater than 90 deg.F but less than 95 deg.F will not 
adversely affect the operability of these safety-related systems and 
will not adversely impact the ability of these systems to perform 
their safety-related functions. Therefore, the proposed change does 
not involve a significant increase in the probability or 
consequences of an accident previously evaluated in the USAR.
    2. The proposed change does not create the possibility of a new 
or different kind of accident from any previously evaluated.
    The proposed change does not involve any physical alteration of 
plant systems, structures or components. The temperature of the 
plant inlet water being greater than 90 deg.F but less than 95 deg.F 
for a short period [12 hours] does not introduce new failure 
mechanisms for systems, structures or components not already 
considered in the USAR. Therefore, the possibility of a new or 
different kind of accident from any accident previously evaluated is 
not created.
    3. The proposed change does not involve a significant reduction 
in the margin of safety.
    The proposed change will allow an increase in plant inlet water 
temperature above the current technical specification limit of 
90 deg.F for the Ultimate Heat Sink, and delay the requirement to 
shutdown the plant when the plant inlet water system temperature 
limit is exceeded for 12 hours. The proposed change does not alter 
any safety limits, limiting safety system settings, or limiting 
conditions for operation [except for TS 3/4.7.5], and the proposed 
temperature increase will remain below the design limit cooling 
water input value for safety-related equipment. Thus, the proposed 
change does not involve a significant reduction in any 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.

[[Page 38222]]

    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 August 16, 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 Emporia State University, William Allen 
White Library, 1200 Commercial Street, Emporia, Kansas 66801 and 
Washburn University School of Law Library, Topeka, Kansas 66621. 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 Jay Silberg, Esq., Shaw, Pittman, 
Potts and Trowbridge, 2300 N Street, NW., Washington, DC 20037, 
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

[[Page 38223]]

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 June 30, 1999, 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 Emporia State University, William Allen 
White Library, 1200 Commercial Street, Emporia, Kansas 66801 and 
Washburn University School of Law Library, Topeka, Kansas 66621.

    Dated at Rockville, Maryland, this 8th day of July 1999.

    For the Nuclear Regulatory Commission.
Jack N. Donohew,
Project Manager, Section 2, Project Directorate IV & Decommissioning, 
Division of Licensing Project Management, Office of Nuclear Reactor 
Regulation.
[FR Doc. 99-18056 Filed 7-14-99; 8:45 am]
BILLING CODE 7590-01-P