[Federal Register Volume 66, Number 54 (Tuesday, March 20, 2001)]
[Notices]
[Pages 15770-15772]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-6814]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-271]


Vermont Yankee Nuclear Power 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. 
DPR-28 issued to Vermont Yankee Nuclear Power Corporation for operation 
of the Vermont Yankee Nuclear Power Station located in Windham County, 
Vermont.
    The proposed amendment would revise the operability requirements 
for the refueling interlocks contained within Technical Specifications 
(TSs) 3.12.A as well as the surveillance requirements specified within 
TS 4.12.A. Clarifying changes are made to TS 3.12.D and 3.12.E to 
indicate that only the required interlocks need to be operable. In 
addition, TS 3.12.F will be clarified to articulate that there must be 
a minimum of 24 hours fission product decay prior to fuel handling. 
Some editorial changes will also be made in TS 3.12.B.
    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 operation of Vermont Yankee Nuclear Power Station in 
accordance with the proposed amendment will not involve a 
significant increase in the probability or consequences of an 
accident previously evaluated.
    The only accident described within the FSAR [Final Safety 
Analysis Report] while the plant is in Cold Shutdown or Refueling is 
a fuel handling (dropped bundle) accident. The proposed change 
involves equipment that is not involved in the mitigation or 
prevention of a fuel handling accident as described in the FSAR. 
Accordingly, the proposed amendment will not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    The proposed change will not effect the ability of the refueling 
interlocks to satisfy the safety function which is to prevent 
reactor criticality during refueling operations. The change only 
effects those interlocks which are not instrumental in satisfying 
the safety function of the interlocks.
    Therefore, the proposed change does not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    2. The operation of Vermont Yankee Nuclear Power Station in 
accordance with the proposed amendment will not create the 
possibility of a new or different kind of accident from any accident 
previously evaluated.
    The proposed change does not involve any physical alteration of 
plant equipment or to the status of the reactor core during 
refueling. The specifications will ensure either through the 
interlocks or the proposed alternative, that control rods are not 
withdrawn and cannot be inappropriately withdrawn. This will ensure 
that fuel is not loaded into the core when a control rod is 
withdrawn.
    Therefore, no new failure modes are introduced and the proposed 
change will not create the possibility of a new or different kind of 
accident from any accident previously evaluated.
    3. The operation of Vermont Yankee Nuclear Power Station in 
accordance with the proposed amendment will not involve a 
significant reduction in a margin of safety.
    The proposed change does not involve a significant reduction in 
a margin of safety since the refueling interlocks will continue to 
ensure against an inadvertent criticality. This is achieved by 
physical interlocks or Technical Specification restrictions on 
refueling operations which will prevent fuel from being loaded into 
a core cell void of a control rod. This is accomplished by blocking 
control rod withdrawal whenever fuel is being loaded into the 
reactor vessel or by preventing fuel from being loaded into the 
vessel when a control rod is withdrawn.
    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(c) are

[[Page 15771]]

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. Documents may 
be examined, and/or copied for a fee, at the NRC's Public Document 
Room, located at One White Flint North, 11555 Rockville Pike (first 
floor), Rockville, Maryland.
    The filing of requests for hearing and petitions for leave to 
intervene is discussed below.
    By April 19, 2001, 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, located at One 
White Flint North, 11555 Rockville Pike (first floor), Rockville, 
Maryland, 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, located at One White Flint North, 11555 Rockville Pike 
(first floor), Rockville, Maryland, 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. 
David R. Lewis, Shaw, Pittman, Potts and Trowbridge, 2300 N Street, 
NW., Washington, DC, 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

[[Page 15772]]

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 30, 2000, as supplemented on 
March 8 and 12, 2001, which is available for public inspection at the 
Commission's Public Document Room, located at One White Flint North, 
11555 Rockville Pike (first floor), Rockville, Maryland, and accessible 
electronically through the ADAMS Public Electronic Reading Room link at 
the NRC Web site (http://www.nrc.gov). This notice supercedes a 
previous notice (66 FR 2025) published January 10, 2001, which was 
based upon the licensee's application dated November 30, 2000.

    Dated at Rockville, Maryland, this 13th day of March 2001.

    For the Nuclear Regulatory Commission.
Robert M. Pulsifer,
Project Manager, Section 2, Project Directorate I, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 01-6814 Filed 3-19-01; 8:45 am]
BILLING CODE 7590-01-P