[Federal Register Volume 67, Number 122 (Tuesday, June 25, 2002)]
[Notices]
[Pages 42808-42810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-15988]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-282 and 50-306]


Nuclear Management Company, LLC; Notice of Consideration of 
Issuance of Amendments to Facilitate Operating Licenses and Opportunity 
for a Hearing

    The U.S. Nuclear Regulatory Commission (NRC or the Commission) is 
considering issuance of amendments to Facility Operating License Nos. 
DPR-42 and DPR-60, issued to the Nuclear Management Company, LLC (the 
licensee), for operation of the Prairie Island Nuclear Generating 
Plant, Units 1 and 2, located in Goodhue County, Minnesota.
    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. The STS have been endorsed by the NRC staff as part of 
an industry-wide initiative to standardize and improve the Technical 
Specifications (TSs) 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 Prairie 
Island, 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 
five general groupings. These groupings are characterized as 
administrative changes, more restrictive changes, less restrictive 
changes, less restrictive relocated details, and relocated 
specifications.
    Administrative changes include those changes that are editorial in 
nature or involve the reorganization or reformatting of CTS 
requirements without affecting technical content or operational 
restrictions.
    More restrictive changes include those changes that result in added 
restrictions or reduced flexibility. The licensee, in electing to 
implement the specifications of the STS, proposed a number of 
requirements more restrictive than those in the CTS. The ITS 
requirements in this category include requirements that are either new, 
more conservative than corresponding requirements in the CTS, or have 
additional restrictions that are not in the CTS but are in the STS.
    Less restrictive changes include deletions and relaxations to 
portions of the CTS in order to conform to the guidance of NUREG-1431, 
which would result in reduced restrictions or added flexibility. When 
requirements have been shown to provide little or no safety benefit, 
their relaxation or removal from the TSs may be appropriate. In most 
cases, relaxations previously granted to individual plants on a plant-
specific basis were the result of (1) generic NRC actions, (2) new 
staff positions that have evolved from technological advancements and 
operating experience, or (3) resolution of the Owner's Groups' comments 
on STS.
    Less restrictive relocated details include those changes to the CTS 
that eliminate details and relocate the details to licensee-controlled 
documents. Typically, this involves details of system designs, system 
descriptions including design limits, descriptions of system or plant 
operation, procedural details for meeting TS requirements and

[[Page 42809]]

relocated reporting requirements, and redundant requirement references.
    Relocated specifications include those changes to the CTS that 
relocate certain requirements which do not meet the 10 CFR 50.36 
selection criteria. These requirements may be relocated to the Bases, 
Updated Safety Analysis Report, Core Operating Limits Report (COLR), 
Operational Quality Assurance Plan, plant procedures, or other 
licensee-controlled documents. Relocating requirements to licensee-
controlled documents does not eliminate the requirements, but rather, 
places the requirements under more appropriate regulatory controls 
(i.e., 10 CFR 50.54(a)(3), and 10 CFR 50.59) to manage their 
implementation and future changes.
    In addition to the proposed changes solely involving the 
conversion, there are also changes proposed that are (1) different from 
the requirements in both the CTS and the STS and (2) 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 
include:
    1. Extension of the certain surveillance interval from 18 months to 
24 months to support the proposed refueling cycle of 24 months;
    2. Extension of the allowed outage time for the emergency core 
cooling system accumulators from 1 to 24 hours;
    3. Missed surveillance consolidated line item improvement to extend 
the delay period for a missed surveillance requirement from the current 
limit of 24 hours to ``* * * up to 24 hours or up to the limit of the 
specified Frequency, whichever is greater;'
    4. Revision to the ventilation filter testing program to 
incorporate the guidance provided in NRC Generic Letter 99-02, 
``Laboratory Testing of Nuclear-Grade Activated Charcoal,'' dated June 
3, 1999;
    5. A new methodology (to be incorporated by reference into ITS 
Section 5.0) that describes the method by which the shutdown margin 
limit during physics testing is established for inclusion within the 
COLR;
    6. A new methodology (to be incorporated by reference to ITS 
Section 5.0) that describes the method by which a factor, 
FQA , (in support of ITS 3.2.1, Heat Flux Channel 
Factor) is to be determined; and
    7. Plant-specific instrument setpoint methodology in support of new 
instrument allowable values and trip setpoints in the ITS.
    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 July 25, 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,\1\ 
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.
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    \1\ ``The most recent version of Title 10 of the Code of Federal 
Regulations, published January 1, 2002, inadvertently omitted the 
last sentence of 10 CFR 2.741(d) and subparagraphs (d)(1) and (2), 
regarding petitions to intervene and contentions. Those provisions 
are extant and still applicable to petitions to intervene. Those 
provisions are as follows: ``In all other circumstances, such ruling 
body or officer shall, in ruling on--
    (1) A petition for leave to intervene or a request for hearing, 
consider the following factors, among other things:
    (i) The nature of the petitioner's right under the Act to be 
made a party to the proceeding.
    (ii) The nature and extent of the petitioner's property, 
financial, or other interest in the proceeding.
    (iii) The possible effect of any order that may be entered in 
the proceeding on the petitioner's interest.
    (2) The admissibility of a contention, refuse to admit a 
contention if:
    (i) The contention and supporting material fail to satisfy the 
requirements of paragraph (b)(2) of this section; or
    (ii) The contention, if proven, would be of no consequence in 
the proceeding because it would not entitle petitioner to relief.''
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    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

[[Page 42810]]

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. Because of continuing 
disruptions in delivery of mail to United States Government offices, it 
is requested that petitions for leave to intervene and requests for 
hearing be transmitted to the Secretary of the Commission either by 
means of facsimile transmission to 301-415-1101 or by e-mail to 
[email protected]. A copy of the request for hearing and petition 
for leave to intervene should also be sent to the Office of the General 
Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, 
and because of continuing disruptions in delivery of mail to United 
States Government offices, it is requested that copies be transmitted 
either by means of facsimile transmission to 301-415-3725 or by e-mail 
to [email protected]. A copy of the request for hearing and 
petition for leave to intervene should also be sent to Mr. Jay Silberg, 
Esquire, Shaw, Pittman, Potts, and Trowbridge, 2300 N Street, NW, 
Washington, DC 20037, 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 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 amendments dated December 11, 2000, as supplemented by 
letters dated March 6, June 5, July 3, August 13, August 29, October 
15, November 12, and December 12, 2001, and January 25, January 31, 
February 14, February 15, February 16, March 6, April 11, May 10, May 
30, and June 7, 2002, which is 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 System's (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 e-
mail to [email protected].

    Dated at Rockville, Maryland, this 18th day of June, 2002.

    For the Nuclear Regulatory Commission.
Tae Kim,
Senior Project Manager, Section I, Project Directorate III, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 02-15988 Filed 6-24-02; 8:45 am]
BILLING CODE 7590-01-P