[Federal Register Volume 67, Number 202 (Friday, October 18, 2002)]
[Notices]
[Pages 64422-64423]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26554]



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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-483]


Union Electric Co.; 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. 
NPF-30 issued to Union Electric Company (the licensee) for operation of 
the Callaway Plant located in Callaway County, Missouri.
    The proposed amendment would revise the definition of steam 
generator (SG) tube inspection in Technical Specification 5.5.9, 
``Steam Generator (SDG) Tube Surveillance Program.'' The amendment 
would add a requirement for using the rotating pancake coil (RPC) to 
the H* depth in the tubesheet. The proposed amendment is based on the 
Westinghouse Topical Report WCAP-15932-P, ``Improved Justification of 
Partial-Length RPC Inspection of Tube Joints of Model F Steam 
Generators of Ameren-UE Callaway Plant,'' Revision 0, dated September 
2002.
    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), Sec.  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. The proposed changes do not involve a significant increase in 
the probability or consequences of an accident previously evaluated.
    The proposed change to the Callaway TS is to incorporate a SG 
tube inspection program based on WCAP-15932-P. The H*/P* analysis 
takes into account the reinforcing effect the tubesheet has on the 
external surface of an expanded tube.
    Tube-bundle integrity will not be adversely affected by the 
implementation of the H*/P* tube inspection scope. SG tube burst or 
collapse cannot occur within the confines of the tubesheet; 
therefore, the tube burst and collapse criteria of Regulatory Guide 
(RG) 1.121 are inherently met. Any degradation below the H*/P* 
distance is shown by the analysis results to be acceptable, thereby 
precluding an event with consequences similar to a postulated tube 
rupture event.
    Tube burst is precluded for cracks within the tubesheet by the 
constraint provided by the tubesheet, therefore structural criterion 
is satisfied by the tubesheet constraint. However, severe 
degradation of the tube within the tubesheet could possibly permit 
severing of the tube and tube pullout from the tubesheet under the 
axial forces on the tube. Sections 5.0 and 7.0 of WCAP-15932-P 
describe the testing and structural analysis that was performed to 
define the H* length of non-degraded tubing that is sufficient to 
compensate for the axial forces on the tube to prevent pullout.
    Therefore, the proposed change to incorporate the H* inspection 
scope into the TS maintains existing design limits and does not 
involve a significant increase in the probability or consequences of 
an accident previously evaluated.
    2. The proposed changes do not create the possibility of a new 
or different kind of accident from any previously evaluated.
    There are no hardware changes nor are there any changes in the 
method by which any safety-related plant system performs its safety 
function. This amendment will not affect the normal method of plant 
operation or change any operating limits. Tube-bundle integrity will 
be maintained during all plant conditions upon implementation of the 
proposed changes to the tube inspection scope. The proposed change 
does not induce a new mechanism that would result in a different 
kind of accident from those previously analyzed. No new accident 
scenarios, transient precursors, failure mechanisms, or limiting 
single failures are introduced as a result of this amendment. There 
will be no adverse effect or challenges imposed on any safety-
related system as a result of this amendment.
    Therefore, the proposed changes do not create the possibility of 
a new or different kind of accident from any previously evaluated.
    3. The proposed changes do not involve a significant reduction 
in a margin of safety.
    There will be no effect on the manner in which safety limits or 
limiting safety system settings are determined nor will there be any 
effect on those plant systems necessary to assure the accomplishment 
of protection functions. The proposed change does not impact the 
margin of safety as defined by RG 1.83 and RG 1.121 and the 
requirements of General Design Criteria 14, 15, 19, 31, and 32. The 
radiological dose consequences acceptance criteria listed in the 
Standard Review Plan will continue to be met.
    Therefore, the proposed changes do 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 November 18, 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

[[Page 64423]]

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, 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.
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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 2.714(d) and subparagraphs (d)(1) and (2), 
regarding petitions to intervene and contentions. For the complete, 
corrected text of 10 CFR 2.714(d), please see 67 FR 20884; April 29, 
2002.
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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 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 
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 (PDR), located at One White Flint North, 11555 Rockville 
Pike (first floor), Rockville, Maryland, by the above date. Because of 
the 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 petition for 
leave to intervene and request for hearing 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 John O'Neill, Esq., Shaw, Pittman, Potts & 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 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 October 3, 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 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 11th day of October, 2002.

    For the Nuclear Regulatory Commission.
Jack Donohew,
Senior Project Manager, Section 2, Project Directorate IV, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 02-26554 Filed 10-17-02; 8:45 am]
BILLING CODE 7590-01-P