[Federal Register Volume 65, Number 128 (Monday, July 3, 2000)]
[Notices]
[Pages 41103-41104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16727]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-461]


Amergen Energy Company, LLC; 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-62 issued to AmerGen Energy Company, LLC (the licensee) for 
operation of the Clinton Power Station (CPS) located in DeWitt County, 
Illinois.
    The proposed amendment would change the leak rate test frequency 
for the primary containment feedwater penetrations designed to be 
sealed by the Feedwater Leakage Control System from a specific test 
interval of 18 months to a frequency based on the performance-based 
Primary Containment Leakage Rate Testing Program. Additionally, an 
editorial change was requested to reverse the order of Technical 
Specification (TS) Surveillance Requirements 3.6.1.3.11 and 3.6.1.3.12. 
This change was requested because it would group TS 3.6.1.3.12 with 
other TS having the same applicability and frequency.
    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 any accident previously 
evaluated.
    The proposed change to Technical Specification Surveillance 
Requirement (SR) 3.6.1.3.12 involves a change in frequency of the 
combined leakage rate of the primary containment feedwater 
penetrations that are designed to be sealed by the Feedwater Leakage 
Control System (FWLCS). Testing performed pursuant to this 
Surveillance Requirement is not an initiator to any accident 
previously evaluated. The proposed change does not affect the 
design, operational characteristics, function or reliability of the 
FWLCS or the primary containment feedwater penetrations. Further, 
the change has no impact on plant design or operation, as it is 
merely a change in the specified frequency for the affected SR. 
Therefore, the proposed change does not affect any parameters or 
conditions that may contribute to the initiation of any accidents 
previously evaluated, and as a result, the probability of initiation 
of any accident previously evaluated will not be significantly 
increased.
    The proposed change to the specified Frequency for SR 3.6.1.3.12 
would permit a longer test interval for this surveillance. An 
excessively long test interval could result in reduced leak 
tightness of the feedwater penetrations and, therefore, in reduced 
effectiveness of the barrier presented by the feedwater penetrations 
and the FWLCS. However, this potential is precluded by making the SR 
3.6.1.3.12 test interval performance based. Such an approach is 
based on approved industry guidelines reflected in the Primary 
Containment Leakage Rate Testing Program outlined in Technical 
Specification 5.5.13. Accordingly, a longer test interval would only 
be permitted if leak test performance supports the longer interval. 
It should also be noted that the acceptance criterion for the water-
type leak test imposed by SR 3.6.1.3.12 was established on the 
expected capability of the feedwater penetrations to meet this 
acceptance criterion. Thus, the proposed change to SR 3.6.1.3.12 
will not result in reduced barrier performance of the feedwater 
penetrations, nor in reduced effectiveness of the FWLCS. These 
barriers for the prevention or minimization of post-LOCA radioactive 
release from the containment will not therefore be adversely 
impacted by the proposed change. The FWLCS and the feedwater 
penetrations will still be required to be Operable per the Technical 
Specifications and thus capable of performing their accident 
mitigation functions assumed in the accident analysis. On this 
basis, the consequences of any accident previously evaluated are not 
affected by the proposed change.
    Based on the above, the proposed change does not involve a 
significant increase in the probability or consequences on any 
accident previously evaluated.
    (2) The proposed change would not create the possibility of a 
new or different kind of accident from any accident previously 
evaluated.
    Changing the surveillance Frequency of the combined leakage rate 
of the primary containment feedwater penetrations that are designed 
to be sealed by the FWLCS does not involve a change in the design, 
configuration, or method of operation of the plant. The proposed 
change does not involve a physical alteration of the plant (no new 
or different type of equipment will be installed) or a change in the 
method governing normal plant operation. No new accident initiators 
are introduced as a result of the change in specified surveillance 
Frequency. Therefore, this change does not create the possibility of 
a new or different kind of accident from any accident previously 
evaluated.
    (3) The proposed change will not involve a significant reduction 
in the margin of safety.
    The margin of safety related to the proposed change involves the 
offsite dose consequences that result from the release of 
radioactive material from the containment following a design basis 
accident. This release is effected by leakage through the 
containment, including the feedwater penetrations sealed by the 
FWLCS. The proposed change to the Frequency for the leakage rate 
test for these penetrations does not involve a change to the 
acceptance criteria for the leakage rate test, nor in the 
effectiveness of the testing since the test interval for the test 
will be performance based. That is, an acceptable level of 
reliability (leak tightness) of the feedwater penetrations will be 
maintained using the performance-based Primary Containment Leakage 
Rate Testing Program. On this basis, the proposed change does not 
involve a 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

[[Page 41104]]

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 2, 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 Kevin P. Gallen, Morgan, Lewis & 
Bockius LLP, 1800 M Street, NW, Washington, DC 20036-5869, 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 June 19, 2000 (U-603378), 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 28th day of June, 2000.
    For the Nuclear Regulatory Commission.
Jon B. Hopkins,
Senior Project Manager, Section 2, Project Directorate III, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 00-16727 Filed 6-30-00; 8:45 am]
BILLING CODE 7590-01-U