[Federal Register Volume 67, Number 93 (Tuesday, May 14, 2002)]
[Notices]
[Pages 34478-34480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-11990]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-285]


Omaha Public Power District; 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-40, issued to Omaha Public Power District (OPPD/the licensee), for 
operation of the Fort Calhoun Station, Unit 1 (FCS) located in 
Washington County, Nebraska.
    The proposed amendment will revise the maximum allowable value of 
the reactor protective system (RPS) variable high power trip (VHPT) 
setpoint from 107.0% to 109.0%. Specifically, Technical Specification 
(TS) Table 1-1, ``RPS Limiting Safety System Settings,'' in the Trip 
Setpoints column for Trip Number 1 [High Power Level (A) 4-Pump 
Operation] will be revised from 107.0% to 109.0%. In addition, TS 
Section 1.3(1), ``Basis,'' describing the high power trip initiation, 
will be revised from 107.0% to 109.0%.
    On March 27, 2002, OPPD requested an amendment to change the high 
power trip setpoint. OPPD informed the NRC that the revised setpoint 
for the high power trip needed to be approved prior to exceeding 95% 
rated power to avoid a potential plant trip due to a hot leg flow 
streaming anomaly. OPPD requested that the amendment be approved by May 
31, 2002, to provide them sufficient time to implement the change. FCS 
began its Spring refueling outage on May 3, 2002. The outage is 
scheduled to be completed and power operation is scheduled to resume on 
May 31, 2002. FCS is currently scheduled to exceed 95% power on June 5, 
2002. On May 2, 2002, OPPD was notified by the NRC that the NRC had 
missed the deadline for publication of the no significant hazards 
consideration notice in the April 30, 2002, Federal Register. 
Publication in the Federal Register was needed by April 30, 2002, to 
allow the NRC to issue the amendment by May 31, 2002. The NRC

[[Page 34479]]

informed OPPD that the Federal Register Notice would be issued on May 
14, 2002. Therefore, the comment period will not end until June 13, 
2002, and the amendment cannot be issued until June 14, 2002. After 
reviewing the options available for issuing the amendment by May 31, 
2002, OPPD concluded that the amendment request needed to be processed 
on an exigent basis.
    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.
    Pursuant to 10 CFR 50.91(a)(6) for amendments to be granted under 
exigent circumstances, the NRC staff must determine 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, which is presented 
below:

    The proposed change does not involve a significant increase in 
the probability or consequences of an accident previously evaluated.
    The change does not result in a high power trip setpoint that 
will cause the analysis value of 112.0% to be exceeded. There is no 
change in the analysis value of 112.0% for the high power trip 
setpoint used in the evaluation of the transients and accidents. All 
of the evaluated transients and accidents currently show acceptable 
results and will not be affected by this change. Changing the high 
power trip setpoint will not affect the probability of an accident, 
since that circuit is not a transient or accident initiator. The 
change to the setpoint will not change the failure possibilities for 
this circuit. The effect of the proposed change is the reduction in 
the probability of an undesired safety system challenge initiated by 
an erroneous high power trip during a flow streaming event.
    The proposed change does not create the possibility of a new or 
different kind of accident from any accident previously evaluated.
    The change to the RPS high power trip setpoint does not provide 
the possibility of the creation of a new or different type of 
accident. Changing the setpoint does not change the method of 
operation of the high power trip circuit or its expected response 
once the setpoint is reached. The trip will occur within previously 
analyzed limits.
    The proposed change does not involve a significant reduction in 
a margin of safety.
    The proposed setpoint change does not constitute a significant 
reduction in the margin of safety due to the fact that the transient 
and accident analyses contained in the Updated Safety Analysis 
Report have been evaluated using an analysis trip setpoint of 112.0% 
with the event initiated from the appropriate power level and have 
been shown to produce acceptable results.
    The acceptance criteria used in the analysis have been developed 
for the purpose of use in design basis accident analyses such that 
meeting these limits demonstrates adequate protection of public 
health and safety. An acceptable margin of safety is inherent in 
these licensing limits. Therefore, the proposed changes do not 
involve a 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 14 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 14-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 14-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. 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 June 13, 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, and available electronically on the Internet at the NRC Web 
site http://www.nrc.gov/reading-rm/doc-collections/cfr/. 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

[[Page 34480]]

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 the amendment is issued before the expiration of the 30-day 
hearing period, the Commission will make a final determination on the 
issue of no significant hazards consideration. If a hearing is 
requested, 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 James 
R. Curtiss, Esq., Winston & Strawn, 1400 L Street, NW., Washington, DC 
20005-3502, 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 March 27, 2002, as supplemented by 
letter dated May 9, 2002, 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 electronically 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 PDR Reference staff by telephone at 1-
800-397-4209, 301-415-4737 or by email to [email protected].

    Dated at Rockville, Maryland, this 9th day of May 2002.

    For the Nuclear Regulatory Commission.
Alan Wang,
Project Manager, Section 2, Project Directorate IV, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 02-11990 Filed 5-13-02; 8:45 am]
BILLING CODE 7590-01-P