[Federal Register Volume 65, Number 183 (Wednesday, September 20, 2000)]
[Notices]
[Pages 56943-56945]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-24162]



[[Page 56943]]

=======================================================================
-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[Docket No. 50-483]


Union Electric 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-30 issued to Union Electric Company (the licensee) for operation of 
the Callaway Plant, Unit 1 (Callaway) located in Callaway County, 
Missouri.
    The proposed amendment request would revise the technical 
specifications (TS) to annotate the frequency for Surveillance 
Requirement (SR) 3.5.2.5 that verification of the automatic closure 
function of the residual heat removal (RHR) pump suction Valve 
BNHV8812A shall be performed prior to startup from the first shutdown 
to MODE 5 occurring after September 8, 2000, but no later than June 1, 
2001.
    In the application for the exigent amendment, the licensee stated 
that SR 3.5.2.5 requires that on an 18-month frequency each ECCS 
automatic valve in the flow path that is not locked, sealed, or 
otherwise secured in position, be tested to show that it will actuate 
to its correct position on an actual or simulated actuation signal. 
However, it was not previously recognized by the licensee that the 
surveillance should include subsequent valve actuations that are 
dependent on separate valves' position switch interlocks. Since Valve 
BNHV8812A does not actuate via a slave relay(s), it was not recognized 
by the licensee as being covered by this surveillance requirement. 
Therefore, the automatic closure of Valve BNHV8812A was not included in 
the plant's technical specification surveillance procedures. However, 
the automatic closure function of the valve has been previously tested, 
but not within the 18-month interval required by SR 3.5.2.5. Since the 
valve should not be tested during power operation, the licensee 
requested that the NRC exercise discretion not to enforce compliance 
with Technical Specification 3.5.2, in that SR 3.5.2.5 has not been 
currently performed for the automatic closure function of Valve 
BNHV8812A within the specified 18-month surveillance interval, and that 
plant operation be allowed to continue until the proper plant 
conditions exist to test the valve. The licensee was granted 
enforcement discretion on September 8, 2000, as documented in the 
staff's letter dated September 11, 2000, in that the staff will not 
enforce compliance with the action statements of SR 3.5.2.5 because of 
the failure to test the automatic closure function of Valve BNHV8812A 
as required by the SR. This enforcement discretion will expire when 
either (1) the automatic closure function of Valve BNHV8812A is tested 
at the next plant shutdown to Mode 5 or, (2) the exigent amendment 
request is acted upon.
    The exigent amendment request is in support of the granted 
enforcement discretion and would allow the licensee to defer testing of 
the automatic closure function of the valve until the first proper 
plant conditions exist to test the valve. The testing would be at the 
first shutdown to MODE 5 occurring after September 8, 2000, but no 
later than June 1, 2001. Callaway is scheduled to have a refueling 
outage in Spring 2001.
    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 amendment does not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    Overall protection system performance will remain within the 
bounds of the previously performed accident analyses since there are 
no hardware changes. The Reactor Trip System (RTS) and Engineered 
Safety Feature Actuation System (ESFAS) instrumentation will be 
unaffected. These protection systems will continue to function in a 
manner consistent with the plant design basis. All design, material, 
and construction standards that were applicable prior to the request 
are maintained.
    The proposed request will not affect the probability of any 
event initiators. There will be no degradation in the performance 
of, or an increase in the number of challenges imposed on, safety-
related equipment assumed to function during an accident situation. 
There will be no change to normal plant operating parameters or 
accident mitigation performance.
    The proposed request will not alter any assumptions or change 
any mitigation actions in the radiological consequence evaluations 
in the FSAR.
    Therefore, the proposed 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.
    There are no hardware changes nor are there any changes in the 
method by which any safety-related plant system performs its safety 
function. This request will not affect the normal method of plant 
operation. No performance requirements will be affected.
    No new accident scenarios, transient precursors, failure 
mechanisms, or limiting single failures are introduced as a result 
of this request. There will be no adverse effect or challenges 
imposed on any safety-related system as a result of this request.
    This request does not alter the design or performance of the 
7300 Process Protection System, Nuclear Instrumentation System, or 
Solid State Protection System used in the plant protection systems.
    Therefore, the proposed request does not create the possibility 
of a new or different kind of accident from any previously 
evaluated.
    3. The proposed amendment does not involve a significant 
reduction in a margin of safety.
    There will be no effect on the manner in which safety limits or 
limiting safety system settings are determined nor will there be any 
effect on those plant systems necessary to assure the accomplishment 
of protection functions. There will be no impact on the overpower 
limit, departure from nucleate boiling ratio (DNBR) limits, heat 
flux hot channel factor (FQ), nuclear enthalpy rise hot 
channel factor (FH), loss of coolant accident peak cladding 
temperature (LOCA PCT), peak local power density, or any other 
margin of safety. The radiological dose consequence acceptance 
criteria listed in the Standard Review Plan will continue to be met.
    Therefore, the proposed request does not involve a significant 
reduction in any 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.

[[Page 56944]]

    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 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 October 20, 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 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 O'Neill, Esq., Shaw, Pittman, 
Potts and Trowbridge, 2300 N Street, N.W., Washington, D.C. 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 September 8, 2000, 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

[[Page 56945]]

Room link at the NRC Web site (http://www.nrc.gov).

    Dated at Rockville, Maryland, this 14th day of September 2000.
    For the Nuclear Regulatory Commission.
Girija S. Shukla,
Project Manager, Section 2, Project Directorate IV and Decommissioning 
Division of Licensing Project Management Office of Nuclear Reactor 
Regulation.
[FR Doc. 00-24162 Filed 9-19-00; 8:45 am]
BILLING CODE 7590-01-P