[Federal Register Volume 66, Number 166 (Monday, August 27, 2001)]
[Notices]
[Pages 45062-45064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-21582]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-341]


Detroit Edison 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-43 issued to the Detroit Edison Company (the licensee) for 
operation of the Fermi 2 facilities located in Monroe County, Michigan.
    The proposed amendment would modify the applicability statements of 
Technical Specification (TS) Limiting Conditions for Operations (LCOs) 
3.3.6.2, ``Secondary Containment Isolation Instrumentation,'' 3.3.71, 
``Control Room Emergency Filtration (CREF) System Instrumentation,'' 
3.6.4.1, ``Secondary Containment,'' 3.6.4.2, ``Secondary Containment 
Isolation Valves (SCIVs),'' 3.6.4.3, ``Standby Gas Treatment (SGT) 
System,'' 3.7.3, ``Control Room Emergency Filtration (CREF) System,'' 
3.7.4, ``Control Center Air Conditioning (AC) System,'' 3.8.2, ``AC 
Sources--Shutdown,'' 3.8.5, ``DC Sources--Shutdown,'' and 3.8.8, 
``Distribution Systems--Shutdown.'' The proposed modifications would 
require operability of the associated systems only if recently 
irradiated fuel, which is identified as fuel that has occupied part of 
a critical reactor core within the previous 7 days, is handled during 
the first few days of an outage.
    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 previously made a proposed determination that 
the December 29, 2001, amendment request involves no significant 
hazards consideration (February 7, 2001, 66 FR 9381). Subsequently, by 
letter dated

[[Page 45063]]

May 2, 2001, the licensee provided additional information that expanded 
the scope of the initial notice. 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 revised analysis of the issue 
of no significant hazards consideration, which is presented below:

    1. The change does not involve a significant increase in the 
probability or consequences of an accident previously evaluated.
    The new ``recently irradiated fuel'' term to describe irradiated 
fuel assemblies is used to establish operational conditions where 
specific activities represent situations where significant 
radioactive releases can be postulated. These operational conditions 
are consistent with the design basis analysis. Because the equipment 
affected by the revised operational conditions is not an initiator 
to any previously analyzed accident, the proposed change cannot 
increase the probability of any previously evaluated accident.
    The re-analysis of the Fuel Handling Accident (FHA) concludes 
that radiological consequences are within the regulatory acceptance 
criteria. The results of the Core Alterations events other than the 
FHA remain unchanged from the original design basis, which showed 
that these events do not result in fuel cladding damage or 
radioactive release. The FHA re-analysis includes evaluations of the 
radiological consequences resulting from a drop of a fuel assembly, 
using the Alternative Source Term (AST) and the Regulatory Guide 
1.25 methodologies, over the reactor core after a post shutdown 
decay period. The radiological consequences associated with this 
scenario, assuming no mitigation credit for Secondary Containment, 
Standby Gas Treatment (SGT) and Control Room Emergency Filtration 
(CREF) Systems, have been shown to satisfy the regulatory acceptance 
criteria. Therefore, the proposed change does not significantly 
increase the radiological consequences of any previously evaluated 
accident.
    Based on the above, the proposed change does not significantly 
increase the probability or consequences of any accident previously 
evaluated.
    2. The change does not create the possibility of a new or 
different kind of accident from any accident previously evaluated.
    The relaxed Technical Specifications (TS) requirements apply 
when specific activities represent situations where significant 
radioactive releases are not postulated. The proposed relaxed 
requirements are supported by the revised design basis FHA analysis. 
The proposed change does not introduce any new modes of plant 
operation and does not involve physical modifications to the plant. 
Therefore, the proposed change does not create the potential for a 
new or different kind of accident from any accident previously 
evaluated.
    3. The change does not involve a significant reduction in the 
margin of safety.
    The proposed change will result in a revision to the Fermi 2 TS 
and TS Bases to establish operational conditions where specific 
activities represent situations during which significant radioactive 
releases can be postulated. The corresponding TS requirements are 
consistent with the design basis analysis and are established such 
that the radiological consequences are at or below the regulatory 
guidelines. Safety margins and analytical conservatisms are retained 
to ensure that the analysis adequately bounds all postulated event 
scenarios. The proposed TS Applicability statements continue to 
ensure that the radiological consequences at both the Control Room 
and the exclusion area and low population zone boundaries are below 
the corresponding regulatory guidelines; therefore, the proposed 
change will not result in a significant 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 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 September 26, 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, or electronically on the Internet at the NRC Web site http://www.nrc.gov/NRC/CFR/index.html. If there are problems in accessing the 
document, contact the Public Document Room Reference staff at 1-800-
397-4209, 301-415-4737, or by e-mail to [email protected]. 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

[[Page 45064]]

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. 
Peter Marquardt, Legal Department, 688 WCB, Detriot Edison Company, 
2000 2nd Avenue, Detroit, Michigan 48226-1279, 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 29, 2000, supplemented May 2 
and July 19, 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 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 21st day of August 2001.

    For the Nuclear Regulatory Commission.
Tae Kim,
Senior Project Manager, Section 1, Project Directorate III, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 01-21582 Filed 8-24-01; 8:45 am]
BILLING CODE 7590-01-P