[Federal Register Volume 64, Number 190 (Friday, October 1, 1999)]
[Notices]
[Pages 53421-53423]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25578]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-341]


Detroit Edison 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-43, issued to Detroit Edison Company (the licensee), for operation 
of the Fermi 2 Plant located in Newport, Michigan.
    The proposed amendment would modify current Technical Specification 
(TS) 3.6.1.8 by adding footnote ``**'' to Action b. The footnote allows 
continued operation of Fermi 2 with the leakage of penetration X-26 
exceeding the limit in TS 4.6.1.8.2, provided certain compensatory 
measures are taken. Operation would be allowed to continue until the 
next plant shutdown. Because the NRC staff expects to issue the Fermi 2 
improved standard TSs (ITS) in the near future, the licensee has also 
provided a version of the TS amendment that would be compatible with 
the ITS. This version adds a new special operations TS, ITS 3.10.8, to 
address the compensatory actions and other requirements associated 
penetration X-26.
    Detroit Edison is requesting that this license amendment request be 
processed in an exigent manner in accordance with 10 CFR 50.91(a)(6) 
because the plant is currently operating under a Notification of 
Enforcement Discretion (NOED) with respect to TS 3.6.1.8, Action b. In 
accordance with NRC procedures described in the NRC Inspection Manual, 
Part 9900, Notices of Enforcement Discretion, dated June 29, 1999, the 
licensee applied for this license amendment within 48 hours after the 
NRC staff issued the NOED on September 23, 1999. The NRC staff will 
process this amendment in an exigent manner, as described in the 
Inspection Manual, in order to minimize the time the plant is operated 
under the NOED.
    In its application, the licensee explained why it could not have 
foreseen the need for this amendment. The amendment is needed to allow 
continued plant operation after penetration X-26 unexpectedly failed 
its local leak rate test on September 22, 1999. Based on the data it 
collected, the licensee believes the high leakage is passing through 
inboard containment isolation valve T4803F601. The results of previous 
local leak rate tests had not indicated any adverse trend in the leak 
tightness of this penetration.
    The staff has determined that the licensee used its best efforts to 
make a timely application for the proposed changes and that exigent 
circumstances do exist and were not the result of any intentional delay 
on the part of the licensee.
    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.
    Pursuant to 10 CFR 50.91(a)(6) for amendments to be granted under 
exigent circumstances, the NRC staff must determine 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 Drywell 
Air Purge Penetration X-26 to allow continued operation with inboard 
isolation valve T4803F601 exceeding the leakage rate. The T4803F601 
is not an initiator of an event or involved in accident initiation 
sequence. Therefore, the proposed change does not involve an 
increase in the probability of an accident.
    The T4803F601 or the outboard isolation valves must close to 
isolate penetration X-26. With the penetration isolated by the 
outboard isolation valves, failure of the T4803F601 would involve no 
significant increase in consequences of an accident since the 
containment function is preserved. Therefore, failure of the 
T4803F601 does not involve an increase in the probability or 
consequences of an accident.
    2. The proposed change does not create the possibility of a new 
or different kind of accident from any accident previously 
evaluated.
    The T4803F601 is an inboard containment isolation valve. The 
safety function of the valve is to provide for containment 
penetration X-26 post accident isolation. T4803F601 and two outboard 
isolation valves T4800F407 and T4800F408 comprise the penetrations 
isolation. The valves safety function is to close and remain closed. 
The outboard isolation valves are normally closed isolation valves 
that will be closed and deactivated. Therefore, no new or different 
types of failures or accident initiators are introduced by the 
proposed change.
    3. The change does not involve a significant reduction in the 
margin of safety.
    Operating with excessive leakage on T4803F601 places additional 
reliance on T4800F407 and T4800F408, as they would be the single 
containment barrier. The change includes closing and deactivating 
the outboard containment isolation valves that are normally closed 
to provide assurance the penetration is isolated. Closing and 
deactivating these valves eliminates the potential that any active 
failure could lead to loss of function. Past leak performance and 
ongoing periodic leak testing minimize the potential that passive 
failures would occur for these valves. The change does not involve a 
new mode of operation or change to the UFSAR [Updated Final Safety 
Analysis Report] transient analyses. Therefore, the proposed change 
does not involve a significant reduction in the 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 14 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 14-day notice period. However, should circumstances 
change during the notice period, such that failure to act in a timely 
way would

[[Page 53422]]

result, for example, in derating or shutdown of the facility, the 
Commission may issue the license amendment before the expiration of the 
14-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. 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 November 1, 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 Monroe County Library System, Ellis 
Reference and Information Center, 3700 South Custer Road, Monroe, 
Michigan 48161. 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. 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 the amendment is issued before the expiration of the 30-day 
hearing period, the Commission will make a final determination on the 
issue of no significant hazards consideration. If a hearing is 
requested, 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 John Flynn, Esq., Detroit Edison 
Company, 2000 Second Avenue, Detroit, Michigan 48226, 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 September 24, 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 Monroe County Library System, 
Ellis Reference and Information Center, 3700 South Custer Road, Monroe, 
Michigan 48161.


[[Page 53423]]


    Dated at Rockville, Maryland, this 27th day of September 1999.

    For the Nuclear Regulatory Commission.
Andrew J. Kugler,
Project Manager, Section 1, Project Directorate III, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 99-25578 Filed 9-30-99; 8:45 am]
BILLING CODE 7590-01-P