[Federal Register Volume 66, Number 181 (Tuesday, September 18, 2001)]
[Notices]
[Pages 48152-48154]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-23210]


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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 (the 
licensee) for operation of the Vermont Yankee Nuclear Power Station 
located in Windham County, Vermont.
    The proposed amendment would extend the allowed outage time (AOT) 
for the high pressure coolant injection (HPCI) and reactor core 
isolation cooling systems from 7 days to 14 days. Requirements were 
added to immediately assure the availability of alternate means of high 
pressure coolant makeup. Also clarifying changes were made to Technical 
Specification (TS) 3.5.E.2 and TS 3.5.G.2 by reformatting the TSs to 
make nomenclature consistent regarding HPCI and the automatic 
depressurization system (ADS) as being systems not subsystems.
    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. The NRC staff has 
reviewed the licensee's analysis against the standards of 10 CFR 
50.92(c). The NRC staff's analysis is presented below:
    1. The proposed changes do not involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    The high pressure coolant injection (HPCI) and reactor core 
isolation cooling (RCIC) systems do not serve any function for 
preventing accidents, and their unavailability would not affect the 
probability of accidents previously evaluated. The unavailability of 
either HPCI or RCIC is not considered to be a potential accident 
initiator. As such, the inoperability of HPCI or RCIC will not increase 
the probability of any accident previously evaluated.
    Therefore, the proposed change will not increase the probability of 
any accident previously evaluated.
    Emergency core cooling cystems (ECCS) are used to mitigate the 
consequences of an accident. However, RCIC is not an ECCS and is not 
credited in any accident previously evaluated. HPCI is capable of 
mitigating small loss-of-coolant accidents, but this function would be 
met by the available automatic depressurization system (ADS) in 
conjunction with the low pressure coolant injection or core spray 
systems, which are the basis for the current 7-day allowed outage time 
(AOT). The consequences of an event occurring during the proposed 14-
day AOT are the same as the consequences of an event occurring during 
the existing 7-day AOT. Therefore, adequate core cooling would still be 
provided and the consequences of accidents previously evaluated are not 
increased.
    Therefore, the proposed change will not increase the consequences 
of any accident previously evaluated.
    2. The proposed changes do not create the possibility of a new or 
different kind of accident from any accident previously evaluated?
    This proposed change to the technical specifications will not 
physically alter the plant. No new or different types of equipment will 
be installed. Plant operations will remain consistent with current 
safety analysis assumptions regarding availability of equipment. Thus, 
no new failure mode not previously analyzed will be introduced.
    Therefore, this change does not create the possibility of a new or 
different kind of accident from any accident previously evaluated.
    3. The proposed changes do not involve a significant reduction in a 
margin of safety?
    The proposed change does not involve a significant decrease in a 
margin of safety because, as in the existing AOT Technical 
Specifications, the 14-day completion time for restoring HPCI or RCIC 
is contingent upon the operability of redundant equipment (i.e., for 
HPCI, RCIC and ADS in conjunction with low-pressure coolant injection/
spray subsystems are required to be operable; and for RCIC, HPCI is 
required to be operable).
    Therefore, this change does not involve a significant reduction in 
a margin of safety.
    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

[[Page 48153]]

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 October 18, 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 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 20037-1128, 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 August 14, 2001, as supplemented on 
August 21,2001, 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

[[Page 48154]]

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 12th day of September 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. 01-23210 Filed 9-17-01; 8:45 am]
BILLING CODE 7590-01-P