[Federal Register Volume 67, Number 80 (Thursday, April 25, 2002)]
[Notices]
[Pages 20552-20554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-10185]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-315 and 50-316]


Indiana Michigan Power 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. 
DPR-58 and Facility Operating License No. DPR-74, issued to Indiana 
Michigan Power Company (the licensee), for operation of the Donald C. 
Cook Nuclear Plant, Units 1 and 2, located in Berrien County, Michigan.
    The proposed amendment would revise the surveillance requirements 
for the Train AB, CD, and N batteries in technical specification (TS) 
4.8.2.3.2.c.1 and TS 4.8.2.5.2.c.1. The proposed amendment affects the 
requirement to verify that battery cells, cell plates and racks show no 
visual indication of physical damage or abnormal deterioration. The 
proposed amendment would allow the operability of batteries exhibiting 
such damage or deterioration to be determined by an evaluation. The 
proposed amendment is consistent with a Nuclear Regulatory Commission 
(NRC) approved change to the Standard TSs for Westinghouse plants 
(NUREG 1431, Revision 1) as documented in TS Task Force Standard TS 
Change Traveler-38. 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 Title 10 of the Code of Federal Regulations 
(10 CFR), Section 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, which is presented below:

1. Does the Proposed Change Involve a Significant Increase in the 
Probability of Occurrence or Consequences of an Accident Previously 
Evaluated?

    Response: No.
    Probability of Occurrence of an Accident Previously Evaluated--
    The proposed change would eliminate the requirement to declare the 
Train AB, CD, or N battery inoperable due to physical damage or 
abnormal deterioration of the cells, cell plates, or racks if the 
damage or deterioration would not degrade battery performance. The 
proposed change would also require that a decision to not declare a 
battery inoperable be based on an evaluation of the physical damage or 
abnormal deterioration. The proposed change does not affect any 
existing accident initiators or precursors. The safety function of the 
batteries is to provide power to systems and components that mitigate 
an accident. There is no design basis accident that is initiated by a 
failure of a battery to perform its safety function. The proposed 
change will not create any adverse interactions with other systems that 
could result in initiation of a design basis accident. Therefore, the 
probability of occurrence of an accident previously evaluated is not 
significantly increased.
    Consequences of an Accident Previously Evaluated--
    The proposed change does not reduce the ability of the batteries to 
perform their safety function. The TS will continue to require that a 
battery be declared inoperable if physical damage or abnormal 
deterioration that impairs the ability of a battery to perform its 
safety function is observed. As a result, the ability of the batteries 
to perform their safety function is unaffected by the proposed change. 
Therefore, the safety related systems and components that are supported 
by the batteries and mitigate the consequences of an accident are not 
affected by the proposed change.
    In summary, the probability of occurrence and the consequences of 
an accident previously evaluated are not significantly increased.

2. Does the Proposed Change Create the Possibility of a New or 
Different Kind of Accident From Any Accident Previously Evaluated?

    Response: No.

[[Page 20553]]

    The proposed change does not create any new or different accident 
initiators or precursors. The batteries will continue to function as 
before the change, and will continue to be declared inoperable if 
physical damage or abnormal deterioration that impairs the ability of a 
battery to perform its safety function is observed. The proposed change 
does not create any new failure modes for the batteries and does not 
affect the interaction between the batteries and any other system. 
Thus, the proposed changes do not create the possibility of a new or 
different kind of accident from any previously evaluated.

3. Does the Proposed Change Involve a Significant Reduction in a 
Margin of Safety?

    Response: No.
    The margins of safety associated with a battery are those 
pertaining to its performance. The TSs will continue to require that a 
battery be declared inoperable if physical damage or abnormal 
deterioration of the cells, cell plates, or racks that would degrade 
battery performance is observed. As a result, the proposed change does 
not affect the capability of the batteries to perform in accordance 
with established safety margins. Therefore, the proposed change does 
not involve a significant reduction in 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 May 28, 2002, 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/reading-rm/doc-collections/cfr/. 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

[[Page 20554]]

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 David 
W. Jenkins, Esq., 500 Circle Drive, Buchanan, MI 49107 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 [date], which is available for public 
inspection at the Commission's Public Document Room (PDR), 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 System (ADAMS) Public 
Electronic Reading Room on the Internet 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 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 18th day of April, 2002.

    For the Nuclear Regulatory Commission.
John F. Stang,
 Senior Project Manager, Section 1, Project Directorate III, Division 
of Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 02-10185 Filed 4-24-02; 8:45 am]
BILLING CODE 7590-01-P