[Federal Register Volume 67, Number 38 (Tuesday, February 26, 2002)]
[Notices]
[Pages 8827-8830]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-4520]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-338 and 50-339]


Virginia Electric and Power Company; Notice of Consideration of 
Issuance of Amendments to Facility Operating Licenses and Opportunity 
for a Hearing

    The U.S. Nuclear Regulatory Commission (the Commission) is 
considering issuance of amendments to Facility Operating License Nos. 
NPF-4 and NPF-7, issued to Virginia Electric and Power Company (the 
licensee), for operation of the North Anna Power Station, Units 1 and 
2, located in Louisa County, Virginia.
    The proposed amendments 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 have been endorsed by the staff as part of an 
industry-wide initiative to standardize and improve the Technical 
Specifications (TS) for nuclear power plants. As part of the proposed 
amendments, 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 North Anna 
Power Station, 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, relocated specifications changes, more 
restrictive changes, and less restrictive changes.
    Administrative changes are those that involve restructuring, 
renumbering, rewording, interpretation, 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

[[Page 8828]]

and do not involve technical changes to the existing TS. 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 the 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) changing the wording that is 
consistent with the CTS but that more clearly or explicitly states 
existing requirements. Such changes are administrative in nature and do 
not impact initiators of analyzed events or assumed mitigation of 
accident or transient events.
    Relocated specifications changes are those involving relocation of 
requirements and surveillances for structures, systems, components, or 
variables that do not meet the criteria for inclusion in the TS. 
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 North Anna Power Station, Units 1 and 2, is described in 
the December 11, 2000, 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 TS to 
administratively controlled documents such as the quality assurance 
program, the Updated Final Safety Analysis Report (UFSAR), the ITS 
Bases, the Technical Requirements Manual that is incorporated by 
reference in the UFSAR, the Core Operating Limits Report, 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 plant. 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, eliminated, or where new plant operational 
flexibility has been provided. When requirements have been shown to 
provide little or no safety benefit, their removal from the TS 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 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 TS, or if 
relaxation of the requirements in the CTS is warranted based on the 
justification provided by the licensee.
    These administrative, relocated, 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 are also (1) changes proposed that are different from 
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 would:
    1. Change the Allowable Value for engineered safety feature 
actuation system (ESFAS) interlock P-12 from  545 degrees F 
and  541 degrees F to  545 degrees F and > 542 
degrees F. (ITS 3.3.2)
    2. Remove the trip setpoints and change the Allowable Values for 
the ESFAS Instrumentation. (ITS 3.3.2)
    3. Add a note to Action C to indicate that the accumulator 
isolation is only applicable when accumulator pressure is greater than 
the power-operated relief valve (PORV) setting, add REQUIRED ACTION C.2 
to state ``Remove power from affected accumulator isolation valve 
operators,'' and add a note in the Limiting Condition for Operation 
(LCO) section that states ``Accumulator isolation with power removed 
from the isolation valve operators is only required when accumulator 
pressure is greater than the PORV lift setting.'' (ITS 3.4.12)
    4. Revise required Actions A.2, B.2, C.2, and D.2 to allow 
verification by administrative controls to ensure the Main Feedwater 
Isolation Valves, Main Feedwater Regulating Valves, Main Feedwater Pump 
Discharge Valves, and Main Feedwater Regulating Bypass Valves are 
closed. (ITS 3.7.3)
    5. Remove Component Cooling Water System from ITS LCO 3.7.7. (ITS 
3.7.7)
    6. Remove the North Anna Reservoir from the Ultimate Heat Sink 
requirements of ITS. The CTS defines the Ultimate Heat Sink as both the 
Service Water Reservoir and North Anna Reservoir. ( ITS 3.7.9)
    7. Revise the surveillance requirement (SR) frequency from ``18 
months'' to ``18 months on a staggered test basis'' for the Main 
Control Room (MCR)/Emergency Switchgear Room (ESGR) Air Conditioning 
System. (ITS 3.7.11.1)
    8. Add a note to allow the emergency core cooling system (ECCS) 
pump room boundary openings, which were not open by design, to be 
opened intermittently under administrative control. (ITS 3.7.12)
    9. Add an SR to actuate each ECCS pump room exhaust air cleanup 
system train by aligning the safeguards area exhaust flow and auxiliary 
building central exhaust flow through the auxiliary building high-
efficiency particulate air filter and charcoal adsorber assembly. 
Change current SRs to verify each safeguards area exhaust flow is 
diverted and each auxiliary building filter bank is actuated on an 
actual or simulated actuation signal. (ITS 3.7.12.2 and 3.7.12.4)
    10. Add ACTION B to allow two or more required MCR/ESGR bottled air 
system trains to be inoperable for up to 24 hours. (ITS 3.7.13)
    11. Delete testing requirements for the fuel building filtration 
system. (ITS 3.7.15)
    12. Delete the requirements to obtain NRC approval prior to plant 
operations whenever a steam generator is found to be in Category C-3. 
(ITS Table 5.5.8-2)
    13. Implement plant-specific equations for the overtemperature and 
overpower delta T equations presently used for the CTS. (ITS 3.3.1)
    14. Change SR 3.3.1.2 and the CTS by only requiring an adjustment 
of the power range channel if the indicated

[[Page 8829]]

power of the nuclear instrumentation channel is more than 2% lower than 
the calculated power of the calorimetric. (ITS 3.3.1)
    15. Revise the allowable values of the setpoint for the P-7 low 
power reactor trips block interlock to a value that differs from the 
CTS. (ITS 3.3.1, Table 3.3.1-1)
    16. Revise the ITS to require entry into ACTION if less than 100% 
of MCR/ESGR air conditioning system is available. (ITS 3.7.11)
    17. Add a function to Table 3.3.2-1 for automatic swichover to 
containment sump to occur when the refueling water storage tank level 
is at low--low level. (ITS 3.3.2)
    18. Revise the CTS values for reactor trip system instrumentation 
interlocks by not requiring these specific interlocks to state the 
reset values for the allowable values. (ITS 3.3.1)
    19. Review Technical Report EE-0116, Revision 1 ``Allowable Values 
for Surry and North Anna Improved Technical Specifications (ITS) Tables 
3.3.1-1 and 3.3.2-1.''
    Before issuance of the license amendments, the Commission will have 
made findings required by the Atomic Energy Act of 1954, as amended 
(the Act) and the Commission's regulations.
    By March 28, 2002, the licensee may file a request for a hearing 
with respect to issuance of the amendments to the subject facility 
operating licenses, 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 (PDR), 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/reading-rm/doc-collections/cfr. If there are problems in 
accessing the document, contact the PDR 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 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 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 PDR, 
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 Ms. Lillian M. Cuoco, Senior Nuclear Counsel, 
Dominion Nuclear Connecticut, Inc., Millstone Power Station, Building 
475, 5th Floor, Rope Ferry Road, Route 156, Waterford, CT 06385, 
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 amendments 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 amendments dated December 11, 2000, as supplemented by 
letters dated May 30, June 18, July 20, August 13, August 27, September 
27, October 10, October 17, November 8, November 19, November 29, 
December 3, December 7, December 12, and December 13, 2001, and January 
2, January 25, and January 31, 2002, which are available for public 
inspection at the Commission's PDR, 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

[[Page 8830]]

at the NRC Web site, http://www.nrc.gov/reading-rm/adams.html. Persons 
who do not have access to ADAMS or who encounter problems in accessing 
the documents located in ADAMS, should contact the NRC PDR Reference 
staff at 1-800-397-4209, 301-415-4737 or by e-mail to [email protected].

    Dated at Rockville, Maryland, this 20th day of February 2002.

    For the Nuclear Regulatory Commission.
Stephen R. Monarque,
Project Manager, Section I, Project Directorate II, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 02-4520 Filed 2-25-02; 8:45 am]
BILLING CODE 7590-01-P