[Federal Register Volume 66, Number 121 (Friday, June 22, 2001)]
[Notices]
[Pages 33581-33583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-15710]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-266 and 50-301]


Nuclear Manaagement Company, LLC; Notice of Consideration of 
Issuance of Amendment to Facility Operating License and Opportunity for 
a Hearing

    The U.S. Nuclear Regulatory Commission (the Commission) is 
considering issuance of an amendment to Facility Operating License Nos. 
DPR-24 and DPR-27, issued to Nuclear Management Company, LLC (NMC or 
the licensee), for operation of the Point Beach Nuclear Plant, Units 1 
and 2, located in Manitowoc County, Wisconsin.
    The proposed amendment would be a full conversion from the current 
Technical Specifications (CTS) to a set of improved Technical 
Specifications (ITS) based on NUREG-1431, ``Standard Technical 
Specifications (STS) for Westinghouse Plants,'' Revision 1, dated April 
1995. The STS have been developed by the Commission's staff through 
working groups composed of both NRC staff members and industry 
representatives, and has been endorsed by the staff as part of an 
industry-wide initiative to standardize and improve the Technical 
Specifications (TSs) for nuclear power plants. As part of the proposed 
amendment, the licensee has applied the criteria contained in the 
Commission's ``Final Policy Statement on Technical Specification 
Improvements for Nuclear Power Reactors (Final Policy Statement),'' 
published in the Federal Register on July 22, 1993 (58 FR 39132), to 
the CTS, and, using NUREG-1431 as a basis, proposed ITS for Point 
Beach, Units 1 and 2. The criteria in the Final Policy Statement were 
subsequently added to 10 CFR 50.36, ``Technical Specifications,'' in a 
rule change that was published in the Federal Register on July 19, 1995 
(60 FR 36953). The rule change became effective on August 18, 1995.
    The licensee has categorized the proposed changes to the CTS into 
four general groupings. These groupings are characterized as 
administrative changes, relocation changes, more restrictive changes, 
and less restrictive changes.
    Administrative changes are those that involve restructuring, 
renumbering, rewording, interpretation, and complex rearranging of 
requirements, and other changes not affecting technical content or 
substantially revising an operating requirement. The reformatting, 
renumbering, and rewording processes reflect the attributes of NUREG-
1431 and does not involve technical changes to the existing TSs. The 
proposed changes include: (a) Identifying plant-specific wording for 
system names, etc., (b) changing the wording of specification titles in 
the CTS to conform to STS, (c) splitting up requirements that are 
currently grouped, or combining requirements that are currently in 
separate specifications, (d) deleting specifications whose 
applicability has expired, and (e) wording changes that are consistent 
with the CTS but that more clearly or explicitly state existing 
requirements. Such changes are administrative in nature and do not 
impact initiators of analyzed events or assumed mitigation of accident 
or transient events.
    Relocation changes are those involving relocation of requirements 
and surveillances for structures, systems, components, or variables 
that do not meet the criteria for inclusion in TSs. Relocated changes 
are those CTS requirements that do not satisfy or fall within any of 
the four criteria specified in the Commission's policy statement and 
may be relocated to appropriate licensee-controlled documents.
    The licensee's application of the screening criteria to Point 
Beach, Units 1 and 2, is described in Attachment 6 to the November 15, 
1999, application. The affected structures, systems, components, or 
variables are not assumed to be initiators of analyzed events and are 
not assumed to mitigate accident or transient events. The requirements 
and surveillances for these affected structures, systems, components, 
or variables will be relocated from the TSs to administratively 
controlled documents such as the quality assurance program, the Updated 
Final Safety Analysis Report (UFSAR), the ITS Bases, the Technical 
Requirements Manual (TRM) that is incorporated by reference in the 
UFSAR, the Core Operating Limits Report (COLR), the Offsite Dose 
Calculation Manual, the Inservice Testing Program, the Inservice 
Inspection Program, or other licensee-controlled documents. Changes 
made to these documents will be made pursuant to 10 CFR 50.59 or other 
appropriate control mechanisms, and may be made without prior NRC 
review and approval. In addition, the affected structures, systems, 
components, or variables are addressed in existing surveillance 
procedures that are also subject to 10 CFR 50.59. These proposed 
changes will not impose or eliminate any requirements.
    More restrictive changes are those involving more stringent 
requirements compared to the CTS for operation of the facility. These 
more stringent requirements do not result in operation that will alter 
assumptions relative to the mitigation of an accident or transient 
event. The more restrictive requirements will not alter the operation 
of process variables, structures, systems, and components described in 
the safety analyses.
    Less restrictive changes are those where CTS requirements are 
relaxed, relocated or eliminated, or new plant operational flexibility 
is provided. When requirements have been shown to provide little or no 
safety benefit, their removal from the TSs may be appropriate. In most 
cases, relaxations previously granted to individual plants on a plant-
specific basis were the result of (a) generic NRC actions, (b) new NRC 
staff positions that have evolved from the technological advancements 
and operating experience, or (c) resolution of the Owners Groups' 
comments on the ITS. Generic relaxations contained in NUREG-1431 were 
reviewed by the staff and found to be acceptable because they are 
consistent with current licensing practices and NRC regulations. The 
licensee's design will be reviewed to determine if the specific design 
basis and licensing basis are consistent with the technical basis for 
the model requirements in NUREG-1431, thus providing a basis for these 
revised TSs, or if relaxation of the requirements in the CTS is 
warranted based on the justification provided by the licensee.
    These administrative, relocation, more restrictive, and less 
restrictive changes to the requirements of the CTS do not result in 
operations that will alter assumptions relative to mitigation of an 
analyzed accident or transient event.
    In addition to the proposed changes solely involving the 
conversion, there

[[Page 33582]]

are also (1) changes proposed that are differences to the requirements 
in both the CTS and the STS and (2) changes that are in addition to 
those changes that are needed to meet the overall purpose of the 
conversion. These changes are referred to as beyond-scope changes and 
are as follows:
    1. Adopts more restrictive action requirements for the emergency 
safety feature actuation system (ESFAS). The more restrictive action 
requirements pertain to instrumentation channels for the following 
functions: Steam line isolation on manual, high steam flow, and high 
high steam flow (ITS 3.3.2).
    2. Adds an exception to Mode 3 applicability of the ESFAS 
instrument function. The ITS is modified to allow reactor coolant 
system hydrostatic testing in Mode 3 without the steam line pressure--
low safety injection function instrumentation being operable (ITS 
3.3.2).
    3. Adds a requirement for the condensate isolation functions to be 
operable in Modes 1, 2, and 3, except when all main feedwater 
regulating valves and associated bypass valves are closed and 
deactivated (ITS 3.3.2).
    4. Adopts STS requirements to perform a trip actuating device 
operational test on containment isolation valve position indication 
post-accident monitoring instrumentation function (ITS 3.3.3).
    5. Increases action requirements for loss of power diesel generator 
start and load sequence instrumentation functions. This item also 
imposes additional restrictions by adopting the STS-required actions 
for two inoperable channels of 480 volt buses (ITS 3.3.5).
    6. Relocates reactor coolant system pressure temperature limits to 
the pressure temperature limits report and adopts STS required actions 
to ensure operation within the pressure and temperature limits (ITS 
3.4.3 and ITS 5.6.5).
    7. Increases operability and surveillance requirements for reactor 
coolant system (RCS) loops. For Mode 3, the CTS currently requires one 
reactor coolant pump to be in operation and one steam generator to be 
operable. ITS adds the requirement that two RCS loops be operable, 
which also means that two steam generators are required in Mode 3. ITS 
also adopts a surveillance to verify one RCS loop is in operation 
consistent with the current LCO (ITS 3.4.1).
    8. Adds explicit operability, action, and surveillance requirements 
for the containment sump monitor (ITS 3.4.15).
    9. Revises applicability and frequency for surveillances of the 
auto actuation of emergency core cooling system (ECCS) valves and auto 
start of ECCS pumps in Mode 4. ITS specifies an 18-month frequency as 
opposed to the once each refueling frequency in CTS. ITS also requires 
the surveillance requirements to be met during all Mode 4 conditions 
(ITS 3.5.3).
    10. Imposes more restrictive changes to main steam isolation valve 
and non-return check valve action requirements. The Point Beach plant 
has a different arrangement for main steam isolation valves and 
therefore, could not adopt the STS requirements for these TSs (ITS 
3.7.2).
    11. Adds operability, action, and surveillance TS requirements for 
main feedwater isolation valves (ITS 3.7.3).
    12. Imposes more restrictive changes to the atmospheric dump valve 
flow path action and surveillance requirements (ITS 3.7.4).
    13. Revises the frequency of surveillance requirements for the 
auxiliary feedwater (AFW) system. This changes also revises some of the 
nomenclature to the AFW system (ITS 3.7.5).
    14. Incorporates changes to the component cooling water system 
operability and action requirements. Also, adds a note to clarify 
action requirements for when a residual heat removal loop is made 
inoperable by component cooling system components (ITS 3.7.7).
    15. Adds surveillance requirements to verify the manual start and 
alignment capabilities of the control room emergency ventilation system 
(ITS 3.7.9).
    16. Adds a limiting condition for operability and an action 
pertaining to a containment air temperature limit. In addition, a Bases 
section is added to provide background for the new TS limit (ITS 
3.6.5).
    17. Adds a surveillance requirement to verify that one residual 
heat removal loop is in operation during Mode 6 conditions (ITS 3.9.5).
    18. Relocates cycle-specific parameters to a core operating limits 
report (COLR) and establishes administrative control requirements for 
the COLR in ITS 5.6.4 (ITS 5.6.4).
    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.
    By July 23, 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 is 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 must 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 that may be 
entered in the proceeding on the petitioner's interest. The petition 
must 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 that must include a list of the contentions 
that the petitioner seeks to have litigated in the hearing. 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

[[Page 33583]]

explanation of the bases of each contention and a concise statement of 
the alleged facts or expert opinion that 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. 
The 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 that, if 
proven, would entitle the petitioner to relief. A petitioner who fails 
to file such a supplement that 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.
    A request for a hearing and 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 
request for a hearing and 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 H. O'Neill, Jr., 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 a hearing will 
not be entertained absent a determination by the Commission, the 
presiding officer, or the 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).
    If a request for a hearing is received, the Commission's staff may 
issue the amendment after it completes its technical review and prior 
to the completion of any required hearing if it publishes a further 
notice for public comment of its proposed finding of no significant 
hazards consideration in accordance with 10 CFR 50.91 and 50.92.
    For further details with respect to this action, see the 
application for amendment dated November 15, 1999, as supplemented by 
letters dated March 15, June 15, June 19, July 28, August 17, September 
14, October 19, and December 21, 2000, February 6, February 23, March 
19, May 11, and June 13, 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. 
Publicly available records will be accessible electronically from the 
Agencywide Documents Access and Management Systems (ADAMS) Public 
Electronic Reading Room on the Internet at the NRC Web site, http://www.nrc.gov/NRC/ADAMS/index.html. If you do not have access to ADAMS or 
if there are problems in accessing the documents located in ADAMS, 
contact the NRC Public Document Room Reference staff at 1-800-397-4209, 
301-415-4737 or by e-mail to [email protected].

    Dated at Rockville, Maryland, this 15th day of June 2001.

    For the Nuclear Regulatory Commission.
Beth A. Wetzel,
Senior Project Manager, Section I, Project Directorate III, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 01-15710 Filed 6-21-01; 8:45 am]
BILLING CODE 7590-01-P