[Federal Register Volume 68, Number 187 (Friday, September 26, 2003)]
[Notices]
[Pages 55660-55662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-24356]



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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-247]


Entergy Nuclear Operations, Inc.; Notice of Consideration of 
Issuance of Amendment to Facility Operating License and Opportunity for 
a Hearing

    The U.S. Nuclear Regulatory Commission (NRC or the Commission) is 
considering issuance of an amendment to Facility Operating License No. 
DPR-26 issued to Entergy Nuclear Operations, Inc. (ENO or the licensee) 
for operation of the Indian Point Nuclear Generating Unit No. 2 (IP2), 
located in Westchester County, New York.
    The proposed amendment, requested by ENO in a letter dated March 
27, 2002, as supplemented by letters dated May 30, 2002, July 10, 2002, 
October 10, 2002, October 28, 2002, November 26, 2002, December 18, 
2002, January 6, 2003, January 27, 2003, February 26, 2003, April 8, 
2003, May 19, 2003, June 23, 2003, June 26, 2003, July 15, 2003, August 
6, 2003, and September 11, 2003, represents 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 2, dated April 
2001. NUREG-1431 has been developed by the Commission's staff through 
working groups composed of both NRC staff members and industry 
representatives, and has been endorsed by the staff as part of an 
industry-wide initiative to standardize and improve the Technical 
Specifications (TSs) for nuclear power plants. As part of this 
submittal, 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 an ITS for IP2. The 
criteria in the Final Policy Statement was 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) and 
became effective on August 18, 1995.
    The licensee has categorized the proposed changes to the CTS into 
four general groupings. These groupings are characterized as 
administrative changes, relocated changes, more restrictive changes and 
less restrictive changes.
    Administrative changes are those that involve restructuring, 
renumbering, rewording interpretation and complex rearranging of 
requirements and other changes not affecting technical content or 
substantially revising an operating requirement. The reformatting, 
renumbering and rewording process reflects the attributes of NUREG-1431 
and does not involve technical changes to the CTS. The proposed changes 
include: (a) Providing the appropriate numbers, etc., for NUREG-1431 
bracketed information (information that must be supplied on a plant-
specific basis, and which may change from plant to plant), (b) 
identifying plant-specific wording for system names, etc., and (c) 
changing NUREG-1431 section wording to conform to existing licensee 
practices. Such changes are administrative in nature and do not impact 
initiators of analyzed events or assumed mitigation of accident or 
transient events.
    Relocated changes are those involving relocation of requirements 
and surveillances for structures, systems, components, or variables 
that do not meet the criteria for inclusion in TSs. Relocated changes 
are those CTS requirements that do not satisfy or fall within any of 
the four criteria specified in the 10 CFR 50.36(c)(2)(ii) and may be 
relocated to appropriate licensee-controlled documents.
    The licensee's application of the screening criteria is described 
in the attachment of the licensee's March 26, 2002, submittal, which is 
entitled, ``Application of NRC Selection Criteria, Including the CTS to 
ITS Disposition and Relocation Matrix'' (Split Report) in Volume 1 of 
the submittal. The affected structures, systems, components or 
variables are not assumed to be initiators of analyzed events and are 
not assumed to mitigate accident or transient events. The requirements 
and surveillances for these affected structures, systems, components, 
or variables will be relocated from the TSs to administratively 
controlled documents such as the quality assurance program, the final 
safety analysis report (FSAR), the ITS Bases, the Technical 
Requirements Manual that is incorporated by reference in the FSAR, the 
Core Operating Limits Report, the Offsite Dose Calculation Manual, the 
Inservice Testing (IST) Program, or other licensee-controlled 
documents. Changes made to these documents will be made pursuant to 10 
CFR 50.59 or other appropriate control mechanisms, and may be made 
without prior NRC review and approval. In addition the affected 
structures, systems, components, or variables are addressed in existing 
surveillance procedures that are also subject to 10 CFR 50.59. These 
proposed changes will not impose or eliminate any requirements.
    More restrictive changes are those involving more stringent 
requirements compared to the CTS for operation of the facility. These 
more stringent requirements do not result in operation that will alter 
assumptions relative to the mitigation of an accident or transient 
event. The more restrictive requirements will not alter the operation 
of process variables, structures, systems, and components described in 
the safety analyses. For each requirement in the STS that is more 
restrictive than the CTS that the licensee proposes to adopt in the 
ITS, the licensee has provided an explanation as to why it has 
concluded that adopting the more restrictive requirement is desirable 
to ensure safe operation of the facility because of specific design 
features of the plant.
    Less restrictive changes are those where CTS requirements are 
relaxed or eliminated, or new plant operational flexibility is 
provided. The more significant ``less restrictive'' requirements are 
justified on a case-by-case basis. When requirements have been shown to 
provide little or no safety benefit, their 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 (a) 
generic NRC actions, (b) new NRC staff positions that have evolved from 
technological advancements and operating experience, or (c) resolution 
of the Owners Groups' comments on the Improved Standard Technical 
Specifications. Generic relaxations contained in NUREG-1431 were 
reviewed by the NRC staff and found to be acceptable because they are 
consistent with current licensing practices and NRC regulations. The 
licensee's design is being reviewed to determine if the specific design 
basis and licensing basis are consistent with the technical basis for 
the model requirements in NUREG-1431, thus providing a basis for the 
ITS, or if relaxation of the requirements in the CTS is warranted based 
on the justification provided by the licensee.
    These administrative, relocated, more restrictive, and less 
restrictive changes to the requirements of the CTS do not result in 
operations that will alter assumptions relative to mitigation of an 
analyzed accident or transient event.
    In addition to the proposed changes solely involving the 
conversion, there are also changes proposed that are different from the 
requirements in both the CTS and the STS NUREG-1431. These beyond scope 
issues to the

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conversion, listed in the order of the applicable ITS specification or 
section, as appropriate (from ITS 3.6.9 to ITS 3.8.7) are as follows:
    1. The licensee added ITS Limiting Condition for Operation (LCO) 
3.6.9--Isolation Valve Seal Water System to the proposed IP2 ITS. 
NUREG-1431 does not include an STS for this system, because very few 
plants have this kind of system. The CTS provides a base set of 
requirements which the staff will use to evaluate the licensee's 
proposed change for parameters such as allowable out-of-service time 
and surveillance requirements.
    2. The licensee added ITS LCO 3.6.10--Weld Channel and Penetration 
Pressurization System (WC&PPS) to the proposed IP2 ITS. The WC&PPS is 
designed to continuously pressurize the space between selected 
containment isolation valves, containment piping penetration barriers, 
and most of the weld seam channels installed on the inside of the 
containment liner. Pressurization by the WC&PPS provides a means of 
monitoring the containment leakage of the affected barriers. WC&PPS 
pressure is maintained above Pa[atmospheric pressure], so 
the system may also reduce out leakage from the containment during an 
accident, although it is not credited for doing so. There are no 
regulatory requirements or guidance for this system. NUREG-1431 does 
not include an STS for this system, because very few plants have this 
kind of system.
    3. The licensee added ITS 3.7.2--Main Steam Isolation Valves 
(MSIVs) and Main Steam Check Valves (MSCVs) to the proposed IP2 ITS. 
CTS 3.4B allows all 4 MSIVs to be inoperable for up to 72 hours prior 
to requiring initiation of plant shutdown. The proposed ITS LCO 3.7.2, 
required action C.1, allows only one MSIV to be inoperable for up to 72 
hours prior to requiring initiation of a plant shutdown. If more than 
one MSIV is inoperable in Mode 1 (and not closed); ITS LCO 3.03 is 
immediately applicable and a plant shutdown must be initiated within 1 
hour. Proposed ITS 3.7.2 deviates from STS 3.7.2 which allows all 4 
MSIVs to be inoperable for up to 72 hours prior to requiring initiation 
of plant shutdown.
    4. The licensee proposed ITS LCO 3.7.3 for Main Feedwater Isolation 
to add requirement for operability, allowable out of service times and 
surveillance requirements (SR) which are deviations from the Scope of 
STS conversion.
    5. The licensee proposed ITS LCO 3.7.8 of 72 hours allowed out of 
service time which is less restrictive (i.e., longer) than the STS 
allowed out of service time of 12 hours, without adopting NUREG-1431, 
STS LCO 3.7.8 Notes 1 and 2, for the service water pumps.
    6. The licensee proposed ITS LCO 3.8.1 to replace the current CTS 
3.7 and requires that onsite and offsite electrical power systems are 
operable in Modes 1, 2, 3, and 4. Current requirements of CTS 3.7 
specify that requirements for onsite and offsite electrical power 
systems are applicable only when the reactor is critical and, therefore 
requires only that the reactor be made subcritical when requirements 
are not met. CTS 4.6 do not establish any requirements for the periodic 
verification of correct breaker alignment and indicated power 
availability for offsite circuits.
    7. The licensee proposed the following SRs for ITS LCO 3.8.3--
Diesel Fuel Oil and Starting Air:
    (a) ITS SR 3.8.3.1 requirement for verification regarding the 
emergency diesel generator fuel oil inventory in the fuel oil storage 
tanks is relaxed.
    (b) Proposed ITS does not adopt STS SR 3.8.3.2 requirement for 
verification regarding the lube oil inventory; and
    (c) The licensee added new sections to specify a range of pressure 
limits and impose LCOs and SRs for the starting air receivers. CTS does 
not currently have these requirements.
    8. The licensee proposed ITS LCO 3.8.4, ``DC Sources--Operating'' 
and associated ITS SR 3.8.4 which are less restrictive than CTS 3.7.B.5 
and CTS 3.7.B.6. CTS 3.7.B.5 and CTS 3.7.B.6 allow one of the four 
batteries to be inoperable for 24 hours if the associated charger is 
operable or allow one of the four chargers to be inoperable for 24 
hours if the associated battery is operable.
    9. The licensee originally proposed ITS LCO 3.8.6 which did not 
include a requirement to verify battery float current every 7 days in 
accordance with STS 3.8.6, but required 7 days with associated 
conditions. The original proposed ITS 3.8.6 was a deviation from STS 
3.8.6 that specified the 7-day interval requirement.
    10. The licensee originally proposed ITS LCO 3.8.7, ``Inverter--
Operating'' originally limits the time the inverter may be inoperable 
to 7 days in its March 27, 2002, submittal in lieu of 24 hours as 
recommended by NUREG-1431. The staff was concerned that the 7-day LCO 
was too long and also was not consistent with NUREG-1431.
    11. The licensee proposed ITS 5.5.11, ``Diesel Fuel Oil Testing 
Program,'' which is a deviation from STS 5.5.13. The current CTS and 
UFSAR do not have any requirements for testing diesel fuel oil. 
Proposed ITS 5.5.11 adds a new program, ``Diesel Fuel Oil Testing,'' to 
require that a diesel fuel oil testing program is maintained with 
specific TS requirements for acceptance criteria and testing frequency.
    IP2 design and licensing basis requires that each DG has an onsite 
underground storage tank containing oil for 48 hours of minimum 
safeguards load and a DG fuel oil reserve with sufficient fuel to 
support an additional 5 days of operation. ITS 5.5.11 will establish 
separate fuel oil testing programs for onsite underground storage tanks 
and the DG fuel oil reserve tanks. The proposed ITS adds to the 
Administrative Control Section of the TS a new diesel fuel oil testing 
program. It also incorporates several editorial changes in order to 
make the ITS consistent with the STS. With a few exceptions, this 
program follows the requirements specified in the STS.
    Before issuance of the proposed license amendments, the Commission 
will have made findings required by the Atomic Energy Act of 1954, as 
amended (the Act) and the commission's regulations.
    By October 27, 2003, 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, Public File Area 01 F21, 11555 Rockville Pike (first 
floor), Rockville, Maryland, or electronically on the Internet at the 
NRC Web site http://www.nrc.gov/NRC/CFR/index.html. 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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    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 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.
    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 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 Mr. 
David E. Blabey, 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 10CAR 2.714(a)(1)(l)-(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 the proposed action, see the licensee's 
application dated March 27, 2002, as supplemented by letters dated May 
30, 2002, July 10, 2002, October 10, 2002, October 28, 2002, November 
26, 2002, December 18, 2002, January 27, 2003, February 26, 2003, April 
8, 2003, May 19, 2003, June 23, 2003, June 26, 2003, July 15, 2003, 
August 6, 2003, and September 11, 2003. Documents may be examined, and/
or copied for a fee, at the NRC's Public Document room, located at One 
White Flint North, Public File Area 01 F21, 11555 Rockville Pike (first 
floor), Rockville, Maryland. Publicly available records will be 
accessible electronically from the Agencywide Documents Access and 
Management Systems (ADAMS) Public Electronic Reading Room on the 
Internet at the NRC Web site, http\\www.nrc.gov. If you do not have 
access to ADAMS or if there are problems in accessing the documents 
located in ADAMS, contact the NRC Public Document Room (PDR) Reference 
staff at 1-800-397-4209, 301-415-4737 or by e-mail to [email protected].

    Dated at Rockville, Maryland, this 17th day of September, 2003.

    For the Nuclear Regulatory Commission.
Guy S. Vissing,
Sr. Project Manager, Section 1, Project Directorate I, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 03-24356 Filed 9-25-03; 8:45 am]
BILLING CODE 7590-01-P