[Federal Register Volume 65, Number 9 (Thursday, January 13, 2000)]
[Notices]
[Pages 2199-2200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-812]


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NUCLEAR REGULATORY COMMISSION

Indiana Michigan Power Company
[Docket Nos. 50-315 and 50-316]


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 amendments to Facility Operating License Nos. 
DPR-58 and DPR-74 issued to Indiana Michigan Power Company (the 
licensee) for operation of the Donald C. Cook Nuclear Power Plant, 
Units 1 and 2, located in Berrien County, Michigan.
    The proposed amendments would delete the Donald C. Cook (D.C. 
Cook), Unit 1 and 2, Technical Specification (TS) 5.4.2, ``Reactor 
Coolant System Volume,'' because the information regarding the reactor 
coolant system (RCS) is not required by TS Section 5.0, ``Design 
Features,'' for compliance with 10 CFR 50.36(c)(4). Changes to the RCS 
volume information are included in the D.C. Cook Updated Final Safety 
Analyses Report (UFSAR), and are controlled in accordance with 10 CFR 
50.59.
    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. Do the changes involve a significant increase in the 
probability of occurrence or consequences of an accident previously 
evaluated?
    The proposed change to remove this information from T/S does not 
affect any accident initiators or precursors. Elimination of the RCS 
volume information from the T/S does not change the methods for 
plant operation or actions to be taken in the event of an accident. 
The quantity of radioactive material available for release in the 
event of an accident is not increased. Barriers to release of 
radioactive material are not eliminated or otherwise changed. More 
detailed and complete RCS component and piping volume information is 
included in the CNP [Cook Nuclear Plant] UFSAR, and changes to that 
information would be evaluated prior to implementation in accordance 
with 10 CFR 50.59. In addition, the proposed administrative format 
changes do not affect any of the technical content of the T/S.
    Therefore, there is no significant increase in the probability 
of occurrence or consequences of an accident previously evaluated.
    2. Do the changes create the possibility of a new or different 
kind of accident from any accident previously evaluated?
    The deletion of the RCS volume information from the T/S does not 
change the methods of plant operation or modify plant systems, 
structures, or components. No new methods of plant operation are 
created. As such, the proposed change does not affect any accident 
initiators or precursors or create new accident initiators or 
precursors. More detailed and complete RCS component and piping 
volume information is included in the CNP UFSAR, and any changes to 
that information would be evaluated prior to implementation in 
accordance with 10 CFR 50.59. In addition, the proposed 
administrative format changes do not affect any of the technical 
content of the T/S.
    Therefore, the proposed change does not create the possibility 
of a new or different kind of accident from any accident previously 
evaluated.
    3. Do the changes involve a significant reduction in a margin of 
safety?
    The deletion of the RCS volume information from the T/S does not 
affect safety limits or limiting safety system settings. Plant 
operational parameters are not affected. The proposed change does 
not modify the quantity of radioactive material available for 
release in the event of an accident. As such, the change will not 
affect any previous safety margin assumptions or conditions. The 
actual volume of the RCS is not affected by the change, only the 
location of the text describing the volume. More detailed and 
complete RCS component and piping volume information is included in 
the CNP UFSAR, and any changes to that information would be 
evaluated prior to implementation in accordance with 10 CFR 50.59. 
In addition, the proposed administrative format changes do not 
affect any of the technical content of the T/S.
    Therefore, the proposed 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 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 of 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

[[Page 2200]]

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 February 14, 2000, 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 through the ADAMS Public Electronic Reading Room link at 
the NRC Web site (http://www.nrc.gov). 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 David W. Jenkins, Esquire, One Cook 
Place, Bridgman, MI 49106, 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 22, 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 through the ADAMS Public Electronic Reading Room link at 
the NRC Web site (http://www.nrc.gov).

    Dated at Rockville, Maryland, this 10th day of January 2000.

For the Nuclear Regulatory Commission.

John F. Stang, Sr.,
Project Manager, Section 1, Project Directorate III, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 00-812 Filed 1-12-00; 8:45 am]
BILLING CODE 7590-01-P