[Federal Register Volume 66, Number 188 (Thursday, September 27, 2001)]
[Notices]
[Pages 49426-49427]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-24174]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-331]


 Nuclear Management 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 No. 
DPR-49, held by Nuclear Management Company, LLC (the licensee), for 
operation of the Duane Arnold Energy Center (the facility) located in 
Linn County, Iowa.
    By letter dated November 16, 2000, as supplemented April 16 (2 
letters), April 17, May 8 (2 letters), May 10, May 11 (2 letters), May 
22, May 29, June 5, June 11, June 18, June 21, June 28, July 11, July 
19, July 25, August 1 (2 letters), August 10, August 16, and August 21, 
2001, the licensee proposed an amendment to change the operating 
license. Specifically, the proposed amendment would allow an increase 
of the operating power level authorized by Section 2.C.(1) of the 
operating license from 1658 megawatts thermal (MWt) to 1912 MWt at the 
facility. The request includes supporting technical specification (TS) 
changes and a revision of license condition, 2.C.(2)(a) to Operating 
License No. DPR-49, which are necessary to implement this increase in 
licensed power level. The change represents an increase of 15.3 percent 
above the current rated thermal power and is considered an extended 
power uprate. The proposed changes include:
    Operating License DPR-49, Section 2.C.(1): Revise the Maximum Power 
Level to be 1912 MWt.
    Operating License DPR-49, Section 2.C.(2)(a): Modify existing 
license condition 2.C.(2)(a) to allow existing Surveillance 
Requirements (SRs) whose acceptance criteria is affected by this 
increase in authorized power level, to be considered to be performed 
per TS SR 3.0.1, upon implementation of the license amendment approving 
this application, until their next scheduled performance, in accordance 
with TS SR 3.0.2.
    Section 1.1, Definitions: Revise the definition of Rated Thermal 
Power to be the extended power uprate maximum licensed power level of 
1912 MWt.
    SL 2.1.1.1: Revise the safety limit (SL) for fuel cladding 
integrity at low core flow and reactor pressure from the current 25 
percent rated thermal power (RTP) to 21.7 percent RTP (25 percent x 
1658/1912).
    LCO 3.2.1: Applicability, Required Action B.1, and SR 3.2.1.1: 
Revise the percentage of RTP value related to thermal limits monitoring 
from 25 percent RTP to 21.7 percent RTP.
    LCO 3.2.2: Applicability, Required Action B.1, and SR 3.2.2.1: 
Revise the percentage of RTP value related to thermal limits monitoring 
from 25 percent RTP to 21.7 percent RTP.
    LCO 3.3.1.1: SR 3.3.1.1.2: Revise the percentage of RTP value 
related to deferral of the SR until 12 hours after reaching 25 percent 
RTP during plant startup, from 25 percent RTP value to 21.7 percent. 
The RTP value being changed is contained in the SR and the associated 
NOTE.
    LCO 3.3.1.1: Required Action E.1, SR 3.3.1.1.16, and Table 3.3.1.1-
1 Functions 8 and 9: Revise the percentage of RTP value corresponding 
to the power level where the direct reactor protection system (RPS) 
trips, i.e., scram, on turbine stop valve (TSV) or turbine control 
valve (TCV) fast closure are automatically bypassed from 30 percent RTP 
to 26 percent RTP.
    LCO 3.3.4.1: Applicability, Required Action C.2, and SR 3.3.4.1.4: 
Revise the percentage of RTP value corresponding to the power level 
where the end-of-cycle recirculation pump trip on TSV or TCV fast 
closure is automatically bypassed from 30 percent RTP to 26 percent 
RTP.
    LCO 3.3.1.1: Table 3.3.1.1-1 Function 2b: Description of Change: 
Replace the current allowable values (AVs) for the two-loop operation 
average power range monitor (APRM) flow-biased, high RPS trip with the 
equation for the AV to implement the maximum extended load line limit 
analysis (MELLLA). A new footnote (c) is being added to define the term 
``W'' used in the AV equation.
    LCO 3.3.1.1: Table 3.3.1.1-1 Footnote (b): Replace the current AVs 
for the single-loop operation APRM flow biased-high RPS trip with the 
equation for the AV to implement the MELLLA. The new footnote (c) 
identified above is used to define the term ``W'' used in the AV 
equation.
    LCO 3.4.1: SR 3.4.1.1 a & b: Revise the percentage of RTP value 
corresponding to the power level where a recirculation pump speed 
mismatch surveillance is performed from 80 percent RTP to 69.4 percent 
RTP.
    LCO 3.4.2: SR 3.4.2.1: Revise the percentage of RTP value contained 
in NOTE 2 corresponding to the power level where the evaluation of jet 
pump performance can be deferred for up to 24 hours from 25 percent RTP 
to 21.7 percent RTP.
    LCO 3.6.3.1: SR 3.6.3.1.1: Revise the volume requirement for 
nitrogen storage for the containment atmospheric dilution (CAD) system 
from 50,000 scf to 67,000 scf.
    LCO 3.6.3.1: SR 3.6.3.1.2: Add a comma to clearly delineate the 
requirement for performing the SR for both manual and power-operated 
valves in the CAD system.
    LCO 3.7.7: Applicability and Required Action B.1: Revise the 
percentage of rated thermal power value where the main turbine bypass 
valve system is required to be OPERABLE from 25 percent RTP to 21.7 
percent RTP.

[[Page 49427]]

    Section 5.5.12, Primary Containment Leakage Testing Program: Revise 
the peak calculate containment pressure (Pa) from 43 psig to 
45.7 psig.
    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 October 29, 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 20855-2738, 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.
    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 20855-2738, 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 Al Gutterman, Morgan, Lewis, & Bockius LLP, 1800 M Street, NW., 
Washington, DC 20036-5869, 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).
    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 16, 2000, 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 20855-2738, and accessible electronically through 
the ADAMS Public Electronic Reading Room link at the NRC Web site 
(http://www.nrc.gov).

    Dated at Rockville, Maryland, this 21st day of September 2001.
    For the Nuclear Regulatory Commission.
Brenda L. Mozafari,
Project Manager, Section 1, Project Directorate III, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 01-24174 Filed 9-26-01; 8:45 am]
BILLING CODE 7590-01-P