[Federal Register Volume 68, Number 131 (Wednesday, July 9, 2003)]
[Notices]
[Pages 41020-41022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-17335]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-313 and 50-368]
Entergy Operations, Inc.; 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 (NRC or the Commission) is
considering issuance of amendments to Renewed Facility Operating
License (FOL) No. DPR-51 and FOL No. NPF-6, issued to Entergy
Operations, Inc.(the licensee), for operation of Arkansas Nuclear One
(ANO), Units 1 and 2 (ANO-1 and ANO-2), respectively, located in Pope
County, Arkansas.
The proposed amendments would allow the licensee to use the spent
fuel crane (L-3 crane) to lift heavy loads in excess of 100 tons.
Specifically the licensee is requesting approval to use the upgraded L-
3 crane for loads up to a total of 130 tons. This application was
previously noticed and published in the Federal Register on March 7,
2003 (68 FR 11157).
The amendment application, as supplemented, was submitted on an
exigent basis based on the following. The licensee has worked
expeditiously to revise the appropriate design basis and to confirm the
crane's implementation completeness. The licensee has performed
available load lifts within the existing design basis to the extent
possible. Additionally, the licensee will be seeking an alternate
loading pattern for the ANO-2 spent fuel pool that will alleviate
interim space limitations due to degradation of the neutron absorbing
boroflex panels. Given the acceptability of the alternate loading
pattern amendment, the ANO-2 spent fuel pool will be able to accept a
full core offload; however, the spent fuel pool will be severely
restricted for other potentially necessary spent fuel pool movements
and activities (i.e., fuel examinations). In order to provide critical
space in the ANO-2 spent fuel pool, the licensee will need to perform
fuel transfers using the new Holtec casks during August 2003. To
accomplish the first loading of the new Holtec cask, preparation for
cask component heavy load movement requiring the use of the L-3 crane
must start the week of July 28, 2003. This schedule will support
demonstration of cask component handling capability as required by 10
CFR part 72 prior to loading nuclear fuel. Therefore, the licensee
requests NRC approval by July 25, 2003, in order to make final
preparations for these cask loading activities.
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:
1. Does the proposed change involve a significant increase in
the probability or consequences of an accident previously evaluated?
ANO Response: No.
The potential load carrying capability of the new L-3 crane has
been increased from 100 tons to 130 tons. The transporting of a
spent fuel cask is the maximum load that the crane is designed to
handle. The process for transporting a cask is essentially unchanged
from that previously performed. Once a cask is loaded with spent
fuel it is lifted from the cask loading pit, transported to the
hatch, and lowered to the railroad bay. This building arrangement is
such that the cask is never carried over the spent fuel pool. The
transport height of the cask has been increased to a minimum of 1.5
feet based on the design of the new L-3 crane. The impact limiters
used under the previous cask transport process have been eliminated
since the L-3 crane is now single failure proof. Because the crane
is single failure proof, a postulated cask drop is no longer a
credible event; therefore, no adverse effects on plant operation are
anticipated to occur and the structural integrity of the spent fuel
cask will not be impaired.
If a portion of the L-3 crane lifting devices malfunction or
fail, the crane system is designed such that the load will move a
limited distance downward prior to backup restraints becoming
engaged. The increased
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minimum transport height (1.5 feet) is established to accommodate
this design feature. [A single malfunction or failure of a portion
of the crane will not result in the load being dropped. This will
allow additional restrictions such as impact limiters to be removed.
The radiological consequences will not be increased.] The
consequences on the spent fuel contained in the cask have been
analyzed under an assumed dropped cask event and has been determined
to be within design basis limits for the cask.
Therefore, the proposed change does not involve a significant
increase in the probability or consequences of an accident
previously evaluated.
2. Does the proposed change create the possibility of a new or
different kind of accident from any accident previously evaluated?
ANO Response: No.
The ANO Safety Analysis Reports (SARs) have previously analyzed
the drop of a cask up to 100 tons. The cask load has been increased
to a maximum of 125 tons under the new single failure proof L-3
crane design for heavier casks being employed at ANO. This increased
load could provide a severe impact on safety-related equipment if a
load drop event were to occur. However, to ensure that no safety-
related equipment is impacted, the construction of a single failure
proof crane mitigates the potential for a more severe consequence,
since a load drop event is not considered credible.
Therefore, the proposed change does 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?
ANO Response: No.
The L-3 crane has been upgraded to comply with the single
failure proof requirements of NUREG-0554 [Single Failure Proof
Cranes for Nuclear Power Plants] and Revision 3 of the NRC approved
Ederer Topical Report EDR-1 dated October 8, 1982. To comply with
the requirements of the topical report the L-3 crane was updated to
provide additional load carrying capability and additional safety
features were provided to prevent a cask drop event. The safety
margins provided by the new crane design have either remained the
same or have been enhanced to ensure adequate margin to prevent
failure of the crane or any lifting devices associated with the
lifting of a spent fuel cask.
Therefore, the proposed change does 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 14 days after the date of
publication of this notice will be considered in making any final
determination.
Normally, the Commission will not issue amendments 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 amendments before the expiration
of the 14-day notice period, provided that its final determination is
that the amendments involve 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
(PDR), located at One White Flint North, Public File Area O1 F21, 11555
Rockville Pike, Rockville, Maryland.
The filing of requests for hearing and petitions for leave to
intervene is discussed below.
By July 23, 2003, the licensee may file a request for a hearing
with respect to issuance of the amendments to the subject FOLs 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 PDR, 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 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
[[Page 41022]]
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 amendments are 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
amendments and make them 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 amendments.
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 PDR,
located at One White Flint North, Public File Area O1 F21, 11555
Rockville Pike, 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
Nicholas S. Reynolds, Esquire, Winston and 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 February 24, 2003, as supplemented by
letters dated March 25 and June 30, 2003, which are available for
public inspection at the Commission's PDR, located at One White Flint
North, Public File Area O1 F21, 11555 Rockville Pike, 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 2nd day of July, 2003.
For the Nuclear Regulatory Commission
Thomas W. Alexion,
Project Manager, Section 1, Project Directorate IV, Division of
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 03-17335 Filed 7-8-03; 8:45 am]
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