[Federal Register Volume 66, Number 219 (Tuesday, November 13, 2001)]
[Notices]
[Pages 56865-56867]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-28397]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-255]


Nuclear Management Company, LLC; 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-20 issued to Nuclear Management Company, LLC (the licensee), for 
operation of the Palisades Plant located in Van Buren County, Michigan.
    The proposed amendment would add a condition to the Operating 
License to extend certain Technical Specification surveillance 
requirement (SR) intervals, one time. The SR intervals would be 
extended up to 65 days, but no later than April 30, 2003, to permit 
them to be performed during the next refueling outage, which has been 
rescheduled because the plant is currently in a forced extended outage. 
The affected SRs are those which cannot reasonably be performed during 
the current forced outage. These are SR 3.3.3.3 (Item 3.a of Table 
3.3.3-1) regarding the channel calibration of the safety injection and 
refueling water tank low level; SR 3.3.4.3 (Item 1 of Table 3.3.4-1) 
regarding the channel functional test of the safety injection signal 
function; SR 3.3.4.3 (Item 3 of Table 3.3.4-1) regarding the channel 
functional test of the recirculation actuation signal function; SR 
3.3.5.1 regarding the channel functional test of the diesel generator 
undervoltage start logic; SR 3.5.2.8 (high pressure safety injection to 
hot leg motor-operated (MO) valves MO-3082 and MO-3083) regarding the 
throttle valve position stop in the correct position; SR 3.7.8.2 (non-
critical service water header isolation valve CV-1359 only) regarding 
the automatic valve actuating to the correct position upon an actual or 
simulated actuation signal; SR 3.8.1.7 regarding the emergency 
alternating current (AC) power performing, as required, upon an actual 
or simulated loss of offsite power signal; SR 3.8.1.9 regarding the 
emergency AC power performing, as required, upon an actual or simulated 
restoration of offsite power; SR 3.8.1.10 regarding load sequencing for 
each automatic load sequencer; and SR 3.8.1.11 regarding the emergency 
AC power performing, as required, upon an actual or simulated loss of 
offsite power signal in conjunction with an actual or simulated safety 
injection signal.
    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

[[Page 56866]]

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:

    Nuclear Management Company, LLC has evaluated whether or not a 
significant hazards consideration is involved with the proposed 
amendment using the three standards set forth in 10 CFR 50.92, 
``Issuance of Amendment.'' The following evaluation supports the 
finding that operation of the facility in accordance with the 
proposed change would not:
    1. Involve a significant increase in the probability or 
consequences of an accident previously evaluated.
    The proposed License Condition does not affect or create any 
accident initiators or precursors. As such, the proposed license 
condition does not increase the probability of an accident. The 
proposed license condition does not involve operation of the 
required structures, systems or components (SSCs) in a manner or 
configuration different from those previously recognized or 
evaluated.
    The proposed surveillance requirement (SR) extension requests do 
not reduce the required operable SSCs of any of the affected 
Limiting Condition for Operation sections, does not increase the 
allowed outage time of any required operable SSCs, and does not 
reduce the requirement to know that the deferred SRs could be met at 
all times. Deferral of testing does not, by itself, increase the 
potential that the testing would not be met.
    Therefore, operation of the facility in accordance with the 
proposed License Condition would not involve a significant increase 
in the probability or consequences of an accident previously 
evaluated.
    2. Create the possibility of a new or different kind of accident 
from any previously evaluated.
    The proposed License Condition does not involve a physical 
alteration of any SSC or a change in the way any SSC is operated. 
The proposed license condition does not involve operation of any 
required SSCs in a manner or configuration different from those 
previously recognized or evaluated. No new failure mechanisms will 
be introduced by the SR deferrals being requested.
    Thus, this change does not create the possibility of a new or 
different kind of accident from any accident previously evaluated.
    3. Involve a significant reduction in a margin of safety.
    The proposed License Condition does not, by itself, introduce a 
failure mechanism. Past performance of the SRs in question has 
demonstrated reliability in passing the deferred SRs. The required 
operable SSCs have not been reduced. The proposed license condition 
does not involve any physical changes to the plant or manner in 
which the plant is operated.
    Therefore, the proposed License Condition would 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 
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 December 13, 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

[[Page 56867]]

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 Arunas 
T. Udrys, Esquire, Consumers Energy Company, 212 West Michigan Avenue, 
Jackson, Michigan 49201.
    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).
    Further details with respect to this action, see the application 
for amendment dated October 26, 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. Persons who do not have access to 
ADAMS or who encounter problems in accessing the documents located in 
ADAMS, should contact the NRC Public Document Room Reference staff by 
telephone at 1-800-397-4209, 301-415-4737 or by e-mail to [email protected]. 

    Dated at Rockville, Maryland, this 6th day of November 2001.

    For the Nuclear Regulatory Commission.
Darl S. Hood,
Project Manager, Section 1, Project Directorate III, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 01-28397 Filed 11-9-01; 8:45 am]
BILLING CODE 7590-01-P