[Federal Register Volume 64, Number 202 (Wednesday, October 20, 1999)]
[Notices]
[Pages 56518-56522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27364]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-410]
Niagara Mohawk Power Corporation; Notice of Consideration of
Issuance of Amendment to Facility Operating License and Opportunity for
a Hearing
The U.S. Nuclear Regulatory Commission (the Commission or NRC)
[[Page 56519]]
is considering issuance of an amendment to Facility Operating License
No. NPF-69, issued to the Niagara Mohawk Power Corporation (NMPC or the
licensee), for operation of the Nine Mile Point Nuclear Station, Unit
No. 2 (NMP2), located in Oswego County, New York.
The proposed amendment, requested by the licensee in a letter dated
October 16, 1998, was supplemented by letters dated December 30, 1998,
May 10, June 15, July 30, August 2, 11, 16, 19, 27, September 10, and
30, 1999. The application requests a full conversion from the current
Technical Specifications (CTS) to a set of improved Technical
Specifications (ITS) based on NUREG-1433 and NUREG-1434, ``Standard
Technical Specifications (STS) for General Electric Plants, BWR/4 and
BWR/6,'' Revision 1, dated April 1995. NUREG-1433 and NUREG-1434 have
been developed by the Commission's staff through working groups
composed of both NRC staff members and industry representatives, and
have been endorsed by the NRC staff as part of an industry-wide
initiative to standardize and improve the Technical Specifications (TS)
for nuclear power plants. As part of this submittal, the licensee has
applied the criteria contained in the Commission's ``Final Policy
Statement on Technical Specification Improvements for Nuclear Power
Reactors (Final Policy Statement),'' published in the Federal Register
on July 22, 1993 (58 FR 39132), to the CTS, and, using NUREG-1433 and
NUREG-1434 as a basis, proposed an ITS for NMP2. The criteria in the
Final Policy Statement were subsequently added to 10 CFR 50.36,
``Technical Specifications,'' in a rule change that was published in
the Federal Register on July 19, 1995 (60 FR 36953) and became
effective on August 18, 1995.
The licensee has categorized the proposed changes to the CTS into
four general groupings. These groupings are characterized as
administrative changes, relocated changes, more restrictive changes,
and less restrictive changes.
Administrative changes are those that involve restructuring,
renumbering, rewording, interpretation and complex rearranging of
requirements, and other changes not affecting technical content or
substantially revising an operating requirement. The reformatting,
renumbering and rewording process reflect the attributes of NUREG-1433
and NUREG-1434 and does not involve technical changes to the existing
TS. The proposed changes include (a) providing the appropriate numbers,
etc., for NUREG-1433 and NUREG-1434 bracketed information (information
that must be supplied on a plant-specific basis, and which may change
from plant to plant), (b) identifying plant-specific wording for system
names, etc., and (c) changing NUREG-1433 and NUREG-1434 section wording
to conform to existing licensee practices. Such changes are
administrative in nature and do not impact initiators of analyzed
events or assumed mitigation of accident or transient events.
Relocated changes are those involving relocation of requirements
and surveillances for structures, systems, components, or variables
that do not meet the criteria for inclusion in TS. Relocated changes
are those current TS requirements that do not satisfy or fall within
any of the four criteria specified in 10 CFR 50.36(c)(2)(ii) and may be
relocated to appropriate licensee-controlled documents.
The licensee's application of the screening criteria is described
in Attachment 1 of the licensee's October 16, 1998, submittal, which is
entitled, ``Application of Selection Criteria to NMP2 Technical
Specifications'' (Split Report) in Volume 1 of the submittal. The
affected structures, systems, components or variables are not assumed
to be initiators of analyzed events and are not assumed to mitigate
accident or transient events. The requirements and surveillances for
these affected structures, systems, components, or variables will be
relocated from the TS to administratively controlled documents such as
the quality assurance program, the final safety analysis report (FSAR),
the ITS BASES, the Technical Requirements Manual (TRM) that is
incorporated by reference in the FSAR, the Core Operating Limits Report
(COLR), the Offsite Dose Calculation Manual (ODCM), the Inservice
Testing (IST) Program, or other licensee-controlled documents. Changes
made to these documents will be made pursuant to 10 CFR 50.59 or other
appropriate control mechanisms, and may be made without prior NRC
review and approval. In addition, the affected structures, systems,
components, or variables are addressed in existing surveillance
procedures that are also subject to 10 CFR 50.59. These proposed
changes will not impose or eliminate any requirements.
More restrictive changes are those involving more stringent
requirements compared to the CTS for operation of the facility. These
more stringent requirements do not result in operation that will alter
assumptions relative to the mitigation of an accident or transient
event. The more restrictive requirements will not alter the operation
of process variables, structures, systems, and components described in
the safety analyses. For each requirement in the STS that is more
restrictive than the CTS that the licensee proposes to adopt in the
ITS, the licensee has provided an explanation as to why it has
concluded that adopting the more restrictive requirement is desirable
to ensure safe operation of the facility because of specific design
features of the plant.
Less restrictive changes are those where CTS requirements are
relaxed or eliminated, or new plant operational flexibility is
provided. The more significant ``less restrictive'' requirements are
justified on a case-by-case basis. When requirements have been shown to
provide little or no safety benefit, their removal from the TS may be
appropriate. In most cases, relaxations previously granted to
individual plants on a plant-specific basis were the result of (a)
generic NRC actions, (b) new NRC staff positions that have evolved from
technological advancements and operating experience, or (c) resolution
of the Owners Groups' comments on the Improved Standard Technical
Specifications (ISTS). Generic relaxations contained in NUREG-1433 and
NUREG-1434 were reviewed by the NRC staff and found to be acceptable
because they are consistent with current licensing practices and NRC
regulations. The licensee's design is being reviewed to determine if
the specific design bases and licensing bases are consistent with the
technical bases for the model requirements in NUREG-1433 and NUREG-
1434, thus providing a basis for these revised TS, or if relaxation of
the requirements in the CTS is warranted based on the justification
provided by the licensee.
These administrative, relocated, more restrictive, and less
restrictive changes to the requirements of the CTS do not result in
operations that will alter assumptions relative to mitigation of an
analyzed accident or transient event.
In addition to the proposed changes solely involving the
conversion, there are also proposed changes that are different from the
requirements in both the CTS and the STS (NUREG-1433 and NUREG-1434).
These proposed beyond-scope issues to the ITS conversion are as
follows:
1. ITS 3.1.8, changing the Scram Discharge Volume Vent and Drain
Valve ACTIONS to allow continued operation with one valve in a line
inoperable by isolating the penetration within 7 days (ACTION A) and to
allow continued operation with two valves in a line by isolating the
penetration within 8 hours
[[Page 56520]]
(ACTION B). The ISTS requires the valves(s) to be restored to Operable
status within 7 days.
2. ITS 3.3.1.1, ITS 3.3.6.1, ITS 3.5.1, and ITS 3.5.2, adding a
Note to the Reactor Protection System (RPS) (Functions 3 and 4) and
Isolation (Main Steam Line Isolation Valve (MSIV) Functions)
Instrumentation Specifications exempting the sensors from response time
testing and a Note to the Emergency Core Cooling System (ECCS)--
Operating and--Shutdown Specifications exempting the instrumentation
from response time testing.
3. ITS 3.3.2.2, allowing the feedwater pump to be removed from
service in lieu of shutting down the unit to < 25% Rated Thermal Power
(RTP) when the feedwater and main turbine high water level channel is
inoperable and untripped.
4. ITS 3.3.3.1, ITS 3.3.3.2, ITS 3.3.8.2, ITS 3.3.8.3 and ITS
3.4.7, adding a Note to allow 6 hours to do Surveillance testing of the
Post Accident Monitoring, Remote Shutdown System, RPS logic bus
Electrical Power Assemblies (EPAs), RPS scram solenoid bus EPAs and
Leak Detection System, instrumentation channels prior to entering
Actions.
5. ITS 3.3.4.2, adding an allowance to only remove the associated
(Anticipated Transient Without Scram ATWS)--recirculating pump trip
(RPT) breaker (fast speed or slow speed, as applicable) from service,
in lieu of removing the entire pump from service.
6. ITS 3.3.5.1, ITS 3.3.8.1, ITS 3.3.8.2 and ITS 3.3.8.3, changing
the Allowable Values for (a) the Low Pressure Cooling Injection (LPCI)
and High Pressure Core Spray (HPCS) minimum flow valves
instrumentation; (b) the HPCS suppression pool water level swap over
instrumentation; (c) the Loss of Voltage and Degraded Voltage
Functions, including time delays; (d) the Undervoltage, Overvoltage,
and Underfrequency Functions for the RPS Logic Bus EPAs ; and (e) the
Undervoltage, Overvoltage, and Underfrequency Functions for the RPS
Scram Solonoid Bus EPAs.
7. ITS 3.3.6.1, deleting the MODE 1 and 2 requirements for certain
Shutdown Cooling Isolation Functions (residual heat removal (RHR)
Equipment Area temperature, Reactor Building Pipe Chase Temperature,
Reactor Building Temperature, and Reactor Vessel Water Level--Low,
Level 3.)
8. ITS 3.3.8.1 and ITS 3.3.5.1, deleting the Group 4 valves from
isolation instrumentation requirements.
9. ITS 3.3.8.1, changing the requirement to only requiring 2
channels of degraded voltage and loss of voltage in lieu of three
channels.
10. ITS SR 3.4.1.1 requiring verification every 12 hours that
operation is in the ``Unrestricted Zone'' of ITS Figure 3.4.1-1. This
will ensure that entry into a region where potential instabilities can
occur will not go undetected.
11. ITS 3.4.1, changing from 2 hours to 8 hours the frequency for
determining the Average Power Range Monitors (APRM) and Low Power Range
Monitors (LPRM) baseline noise level the first time the unit is in the
Restricted Zone.
12. ITS 3.4.5, changing the frequency for monitoring the floor
drain leakage rate from 8 hours to 12 hours, and changing the airborne
radioactivity monitoring Surveillance to be every 8 hours.
13. ITS 3.5.1, changing the current number of Automatic Depression
System (ADS) valves required to operate from seven to six.
14. ITS 3.5.1, modifying the current requirement of manually
opening the ADS valves to only require the ADS actuators to be cycled.
15. ITS 3.6.1.3, changing the current requirement that each excess
flow check valve (EFCV) must ``check flow'' to requiring each EFCV to
actuate to its isolation position on an actual or simulated instrument
line break signal.
16. ITS 3.6.1.3, changing the evolution to suspend the purging and
venting Limited Condition Operation (LCO) Actions to within 1 hour,
when Standby Gas Treatment (SGT) subsystem(s) are inoperable.
17. ITS 3.6.1.6, ITS 3.6.2.3 and ITS 3.5.2.4, deleting the current
requirements to verify position of ``automatic'' valves in the RHR
Drywell Spray, RHR Suppression Cooling, and RHR Suppression Pool Spray
Systems.
18. ITS 3.6.1.6 and ITS 3.6.2.4, deleting the current requirement
that drywell spray and suppression pool spray flows be through the heat
exchanger.
19. ITS 3.7.2 and ITS 3.7.3, allowing a 7-day restoration time when
both Control Room Envelope Filtration (CREF) subsystems are inoperable
and a 30-day restoration time when both control room envelope
alternating current (AC) subsystems are inoperable, provided the
remaining components of the CREF System or Control Room Envelope AC
System maintains the CREF System or Control Room Envelope AC System
safety function, as applicable.
20. ITS 3.8.1, ITS 3.8.2, and ITS 3.8.3, changing AC Sources--
Operating, AC Sources--Shutdown and Diesel Fuel Oil, Lube Oil, and
Starting Air Specifications to include: (a) More restrictive upper and
lower voltage limits for various diesel generator (DG) Surveillances;
(b) increasing the killowatt (KW) value for the single largest load
surveillance requirement (SR) for the Division 3 DG; (c) relaxing the
load range values for the 24-hour DG run to be consistent with
Regulatory Guide (RG) 1.9 Reference 3 (ISTS Bases says 100% for 22
hours and 110% for 2 hours is consistent with RG 1.9 Reference 3, but
it isn't); (d) increasing the DG start time in the event of a Loss of
Voltage signal from 13 seconds to 13.12 seconds; (e) adding a Note
which exempts Surveillances pertaining to a DG starting on a loss-of-
coolant accident (LOCA) signal and a LOCA/loss of offsite power (LOOP)
signal while in Modes 4 and 5 and during handling of irradiated fuel in
the Secondary Containment when the ECCS subsystems are not required to
be Operable; and (f) increasing the fuel oil storage tank limits for
the Division 1 and 2 DGs as well as the 6-day limits for all three DGs.
21. ITS 3.8.4, changing the DC Sources--Operating Specification by:
(a) revising of the battery load profile to be consistent with the load
profile specified in the Updated Safety Analysis Report (USAR); and (b)
addition of an allowance to perform a modified performance discharge
test every cycle in lieu of a service test.
22. ITS 3.8.7, requiring that the inverters be capable of being
powered from an uninterruptible power supply (direct current (DC)
sources). Currently, this is not required; this is a more restrictive
change.
23. ITS 3.3.8.3, specifying an allowable value in the ITS for the
time delay setting of the RPS EPA--solenoid instrumentation.
24. ITS 3.3.8.1, deleting a requirement in the STS for performing a
channel check on undervoltage relays; the status of relays are
continuously monitored.
25. ITS 3.3.8.2, specifying allowances in allowable values for the
time delay settings of the RPS EPA logic instrumentation.
26. ITS 3.3.4.2, adding additional verification of ATWS trip
function bypass and time delays.
27. ITS 3.3.8.1, The STS allows a 2-hour delay from entering into
the associated Conditions and Required Actions for a channel placed in
an inoperable status solely for the performance of required
surveillances, provided the associated function maintains DG initiation
capability. This is changed in the ITS ``provided the Associated
Function maintains loss of power (LOP) initiation capability.''
[[Page 56521]]
28. ITS 5.5.9.1.a, adding ``specific gravity'' to the acceptability
of new fuel oil prior to the addition to the DG fuel tanks.
29. ITS SR 3.6.3.1.2, adding a description of an additional
requirement in the Bases SR 3.6.3.1.2 regarding when to perform the
surveillance (``within 30 minutes following heatup of the system to
normal operating temperature.'')
30. ITS SR 3.3.1.1.16, modifying the Response Time Testing
requirement for Function 9, Turbine Control Valve Fast Closure, Trip
Oil Pressure--Low by stating that the response time is measured from
the start of the control valve fast closure, not when the sensor (oil
pressure sensor) exceeds its setpoint.
31. ITS 3.3.5.1, specifying an ADS pressure setpoint of 150 psig,
implementing Topical Report NEDC-32291 and making other changes
associated with moving Group 4 isolation valves into the ECCS TS in the
ITS.
32. ITS 3.3.5.1, Table 3.3.5.1-1, specifying an ADS pressure
setpoint for low pressure core spray (LPCS) pump discharge pressure--
high to be 150 psig based on implementation of Topical Report NEDC-
32291.
33. ITS 3.3.2.1, deleting operational details in CTS Table 3.3.6-2
not required to be in TS, and providing allowable values based on NEDO-
2411.
34. ITS 3.3.6.1, deleting the reactor core isolation reactor core
isolation cooling (RCIC) drywell pressure high isolation functions,
providing new RCIC/RHR Steam Flow Timer and SGT Exhaust Radiation High
isolation functional allowable values, and deleting the main steam line
(MSL) radiation high isolation function.
35. ITS 3.6.1.2, changing the requirement to verify that the air
lock door seal leakage rate is within limit from ``once per 7 days'' to
``once in 30 days.''
36. ITS 3.6.1.7, adding a note to allow separate condition entry
for each suppression chamber-to-drywell vacuum breaker.
37. ITS 3.6.1.7, changing the ACTION statement into two ACTION
statements: ITS 3.6.1.7 ACTION B addresses the closing of the open
vacuum breaker within 72 hours, while ITS 3.6.1.7 ACTION C addresses
the verification/closing of the other vacuum breaker in the line within
2 hours. However, both ITS 3.6.1.7 Conditions B and C have been
modified such that the words ``One or more lines with'' have been
added.
38. ITS 3.4.4, increasing the lift setpoint tolerance for the
safety relief valves to 3%.
39. ITS 3.3.1.1, deleting the MSL radiation monitor reactor trip
requirement and surveillance requirement based on the application of
NEDO-31400A.
40. ITS 3.7.2 SR 3.7.2.1, deleting the staggered testing
requirement for the CREF subsystem.
41. ITS 3.3.1.2, adding a note to ITS SR 3.3.1.2.5 that defers
determination of the signal-to-noise ratio in Mode 5 if less than or
equal to four fuel assemblies are adjacent to the source range monitors
(SRM) and no fuel is in the quadrant.
42. ITS 3.3.1.2, changing the STS Action to ``initiate action to
insert all insertable control rods. * * *'' to ``Initiate action to
``fully'' insert all insertable control rods. * * *''
43. ITS 3.3.5.1, ITS Table 3.3.5.1-1, changing footnote (a) from
the STS to include a citation of LCO 3.5.2.
44. ITS 5.5.2.b, adding a note that the provisions of SR 3.0.2
apply to integrated leak tests at 24 months.
45. ITS 3.8.8, incorporating changes to Condition A, B and C of the
STS applicable to ``one or more'' Divisions and to ``one or both.''
46. ITS 3.6.4.1, incorporating wording changes that alter the
meaning of containment operability with respect to meeting surveillance
requirements.
Before issuance of the proposed license amendments, the Commission
will have made findings required by the Atomic Energy Act of 1954, as
amended (the Act) and the Commission's regulations.
By November 19, 1999, the licensee may file a request for a hearing
with respect to issuance of the amendment to the NMP2 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 Reference and Documents Department, Penfield Library, State
University of New York, Oswego, New York 13126. 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
[[Page 56522]]
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.
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. Mark J. Wetterhahn, 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).
If a request for a hearing is received, the Commission's staff may
issue the amendment after it completes its technical review and prior
to the completion of any required hearing if it publishes a further
notice for public comment of its proposed finding of no significant
hazards consideration in accordance with 10 CFR 50.91 and 50.92.
For further details with respect to this action, see the
application for amendment dated October 16, 1998, as supplemented by
letters dated December 30, 1998; May 10, June 15, July 30, August 2,
11, 16, 19, 27, September 10, and 30, 1999, which are 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 Reference and Documents Department,
Penfield Library, State University of New York, Oswego, New York 13126.
Dated at Rockville, Maryland, this 14th day of October, 1999.
For the Nuclear Regulatory Commission.
Darl S. Hood, Sr.,
Project Manager, Section 1, Project Directorate I, Division of
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 99-27364 Filed 10-19-99; 8:45 am]
BILLING CODE 7590-01-P