[Federal Register Volume 64, Number 220 (Tuesday, November 16, 1999)]
[Notices]
[Pages 62231-62233]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29841]


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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 November 8, 1999, would revise 
several sections of the Improved Technical Specification (ITSs) to 
correct 15 editorial errors made in the application dated May 15, 1997 
(and supplementary letters) for the ITSs or in the certified copy of 
the ITSs that was submitted in the licensee's letter of March 26, 1999. 
The ITSs were issued by the staff's letter of March 31, 1999, and will 
be implemented to replace the current TSs by December 31, 1999. The 
licensee has also requested four corrections to Table LG, ``Details 
Relocated from Current Technical Specifications,'' that was attached to 
the safety evaluation that supported the issuance of the ITS.
    The proposed changes to the ITSs are the following.
    (1) The correct abbreviation in the table of contents, page ii, 
Section 3.3.7, is ``CREVS'' instead of ``CREFS''.
    (2) The correct reference to an action condition of the limiting 
condition for operation (LCO) in Surveillance Requirement (SR) 3.6.3.1 
is ``Condition D'' instead of ``Condition C,'' on ITS page 3.6-12.
    (3) The logical connector ``and'' between the E.1 and E.2 required 
actions for LCO 3.7.10 is being correctly located on ITS page 3.7-22.
    (4) The correct reference to a penetration in SR 3.9.4.1 is ``P-
98'' instead of ``P-68,'' on ITS page 3.9-6.
    (5) The correct reference to a standard in ITS 5.5.11.e is ``ANSI'' 
instead of ``ASME,'' on ITS page 5.0-20.
    (6) The word ``least'' is added to the definition of e-average 
disintegration energy on ITS page 1.1-3, which was in the application 
but was not included in the issued ITSs
    (7) The font of the section headers on ITS pages 3.2-6, 3.2-7, and 
3.2-8 is corrected.

[[Page 62232]]

    (8) The allowable value with the columns for Function Unit 2.b on 
ITS page 3.3-15 of Table 3.3.1-1 is properly aligned.
    (9) The correct header for the SRs on ITS page 3.3-29 is added.
    (10) The word ``not'' is added to the LCO title header on the top 
of ITS pages 3.4-17 and 3.4-18, which was in the application but not in 
the ITS, to state the correct title as ``RCS Loops--MODE 5, Loops Not 
Filled''.
    (11) The double line at the top of the actions table on ITS page 
3.6-7 for LCO 3.6.3 is added to follow the ITS format.
    (12) The spelling of the word ``enrichment'' is corrected, which 
was correctly spelled in the application but not in the issued ITSs, on 
ITS page 4.0-1 of ITS Section 4.3.1.1.a on fuel storage.
    (13) The form of the verb ``grant'' is corrected from ``granted'' 
to ``granting,'' which was correct in the application but not in the 
issued ITSs, to have a correct sentence on ITS page 5.0-3 of Section 
5.2.2.d, second paragraph, on unit staff requirements.
    (14) The word ``emergency'' in the title ``Control Room emergency 
Ventilation System--Filtration,'' is capitalized which was capitalized 
correctly in the application but not capitalized in the issued ITSs, on 
ITS page 5.0-19 of Section 5.5.11.b on the Ventilation Filter Testing 
Program.
    (15) A space between ``Manual'' and ``(ODCM)'' is placed to 
correctly have ``Manual (ODCM)'' instead of ``Manual(ODCM)'' in the 
sentence on ITS page 5.0-25 of the first paragraph of Section 5.6.2 on 
Annual Radiological Environmental Operating Report.
    The proposed corrections to Table LG of the safety evaluation are 
the following.
    (1) The information to be relocated for change number 8-08-LG on 
page 14 of the table will be relocated to the ITS Bases for SR 3.6.6.4 
instead of the inservice testing (IST) program, and the change control 
process identified in the table will be corrected;
    (2) The information to be relocated for change number 9-09-LG on 
page 18 of the table (requirements to perform an analog channel 
operational test) will be relocated to the updated safety analysis 
report (USAR) instead of the ITS Bases, and the change control process, 
and characterization of the information being relocated will be 
corrected;
    (3) The information to be relocated for change number 10-26-LG on 
page 18 of the table will be relocated to the ITS Bases for SR 3.7.10.3 
instead of the USAR, and the change control process will be corrected;
    (4) The information to be relocated for change number 1-20-LG on 
page 19 of the table will be relocated to the ITS Bases instead of the 
USAR, and the change control process will be corrected.
    The proposed changes to Table LG will affect the implementation of 
the ITSs that were issued on March 31, 1999, because a license 
condition issued with the ITSs required the relocation of information 
and requirements from the previous technical specifications in 
accordance with certain tables attached to the safety evaluation, 
including Table LG.
    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 amendment does not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    The proposed changes involve corrections to the ITS that are 
associated with the original conversion application and supplements 
or the certified copy of the ITS. The changes are considered as 
administrative changes and do not modify, add, delete, or relocate 
any technical requirements of the Technical Specifications [not 
previously approved]. As such, the administrative changes do not 
effect initiators of analyzed events or assumed mitigation of 
accident or transient events. Therefore, this change does not 
involve a significant increase in the probability or consequences of 
an accident previously evaluated.
    2. The proposed amendment does not create the possibility of a 
new or different kind of accident from any previously evaluated.
    The proposed changes do not involve a physical alteration of the 
plant (no new or different kind of equipment will be installed) or 
changes in methods governing normal plant operation. The proposed 
changes will not impose any new or eliminate any old requirements. 
Thus, the changes do not create the possibility of a new or 
different kind of accident from any accident previously evaluated.
    3. The proposed amendment does not involve a significant 
reduction in a margin of safety.
    The proposed changes will not reduce a margin of safety because 
they have no effect on any safety analyses assumptions. The changes 
are administrative in nature. Therefore, the proposed changes do 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 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.

[[Page 62233]]

    The filing of requests for hearing and petitions for leave to 
intervene is discussed below.
    By December 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 accessible 
electronically from the ADAMS Public Library component on the NRC Web 
site, http://www.nrc.gov (the Electronic Reading Room). 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 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 November 8, 1999, which is available 
for public inspection at the Commission's Public Document Room, the 
Gelman Building, 2120 L Street, NW., Washington, DC, and accessible 
electronically from the ADAMS Public Library component on the NRC Web 
site, http://www.nrc.gov (the Electronic Reading Room).

    Dated at Rockville, Maryland, this 9th day of November, 1999.

    For the Nuclear Regulatory Commission.
Jack N. Donohew,
Senior Project Manager, Section 2, Project Directorate IV and 
Decommissioning, Division of Licensing Project Management, Office of 
Nuclear Reactor Regulation.
[FR Doc. 99-29841 Filed 11-15-99; 8:45 am]
BILLING CODE 7590-01-P