[Federal Register Volume 69, Number 156 (Friday, August 13, 2004)]
[Notices]
[Pages 50217-50219]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18510]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-341]
Detroit Edison Company; Fermi 2; 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-43, issued to the Detroit Edison Company (the licensee), for
operation of Fermi 2 located in Monroe County, Michigan.
The proposed amendment would (1) add License Condition 2.C.(22)
requiring an integrated tracer gas test of the control room envelope
using methods described in American Society for Testing and Materials
E741-00, ``Standard Test Method for Determining Air Change in a Single
Zone by Means of a Tracer Gas Dilution,'' and (2) delete Surveillance
Requirement (SR) 3.7.3.6, which requires verification that unfiltered
inleakage from control room emergency filtration system duct work
outside the control room envelope is within limits. The proposed
amendment was submitted by application dated July 30, 2004.
The July 30, 2004, application supersedes the licensee's previous
application dated March 31, 2003, in its entirety. The March 31, 2003,
application was previously noticed in the Federal Register on May 27,
2003 (68 FR 28848).
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), Section 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 change does not involve a significant increase
in the probability or consequences of an accident previously
evaluated.
The proposed change is to add a License Condition for tracer gas
testing and eliminate SR 3.7.3.6. The Control Room Emergency
Filtration (CREF) system provides a configuration for mitigating
radiological consequences of accidents; however, it is not
considered an initiator of any previously analyzed accident.
Therefore, the proposed change cannot increase the probability of
any previously evaluated accident.
The CREF system provides a radiologically controlled environment
from which the plant can be safely operated following a radiological
accident. The current TS surveillance (SR 3.7.3.6) measures
inleakage from four sections of CREF system duct work outside the
Control Room Envelope (CRE) that are at negative pressure during
accident conditions. Performance of tracer gas testing will provide
essentially the same degree of assurance that CRE integrity is being
maintained as before. Therefore, the proposed change does not
significantly increase the radiological consequences of any
previously analyzed accident.
Based on the above, the proposed change does not significantly
increase the probability or consequences of any accident previously
evaluated.
2. The proposed change does not create the possibility of a new
or different kind of accident from any accident previously
evaluated.
The proposed change to add a License Condition for tracer gas
testing and to eliminate SR 3.7.3.6 does not alter the design or
function of the system involved, nor does it introduce any new modes
of plant or CREF system operation. Therefore, the proposed change
does not create the potential for a new or different kind of
accident from any accident previously evaluated.
3. The proposed change does not involve a significant reduction
in the margin of safety.
The proposed change to add a License Condition for tracer gas
testing and to eliminate SR 3.7.3.6 will not affect the radiological
release from a design basis accident. The postulated dose to the
control room occupants as a result of an accident will remain
approximately the same. Therefore, the proposed changes will not
result in a significant reduction in the 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 60 days after the date of publication of this notice. The
Commission may issue the license amendment before expiration of the 60-
day period provided that its final determination is that the amendment
involves no significant hazards consideration. In addition, the
Commission may issue the amendment prior to the expiration of the 30-
day comment period should circumstances change during the 30-day
comment period such that failure to act in a timely way would result,
for example in derating or shutdown of the facility. Should the
Commission take action prior to the expiration of either the comment
period or the notice period, it will publish in the Federal Register a
notice of issuance. Should the Commission make a final No Significant
Hazards Consideration Determination, any hearing will take place 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
[[Page 50218]]
copied for a fee, at the NRC's Public Document Room, located at One
White Flint North, Public File Area O1 F21, 11555 Rockville Pike (first
floor), Rockville, Maryland.
The filing of requests for hearing and petitions for leave to
intervene is discussed below.
Within 60 days after the date of publication of this notice, 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 2.309, 2.304, and 2.305 which is
available at the Commission's PDR, located at One White Flint North,
Public File Area 01F21, 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/doc-collections/cfr/. If a request for a hearing
and petition for leave to intervene is filed by the above date, the
Commission or a presiding officer designated by the Commission or by
the Chief Administrative Judge of the Atomic Safety and Licensing Board
Panel will rule on the request and petition; and the Secretary or the
Chief Administrative Judge of the Atomic Safety and Licensing Board
will issue a notice of a hearing or an appropriate order.
As required by 10 CFR 2.309, 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 general requirements: (1) The name, address and telephone
number of the requestor or petitioner; (2) the nature of the
requestor's/petitioner's right under the Act to be made a party to the
proceeding; (3) the nature and extent of the requestor's/petitioner's
property, financial, or other interest in the proceeding; and (4) the
possible effect of any decision or order which may be entered in the
proceeding on the requestors/petitioner's interest. The petition must
also identify the specific contentions which the petitioner/requestor
seeks to have litigated at the proceeding.
Each contention must consist of a specific statement of the issue
of law or fact to be raised or controverted. In addition, the
petitioner/requestor shall provide a brief explanation of the bases for
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/requestor 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 petition must include 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/requestor
who fails to satisfy 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.
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.
Nontimely requests and/or petitions and contentions will not be
entertained absent a determination by the Commission or the presiding
officer of the Atomic Safety and Licensing Board that the petition,
request and/or the contentions should be granted based on a balancing
of the factors specified in 10 CFR 2.309(a)(1)(i)-(viii).
A request for a hearing and a petition for leave to intervene must
be filed by: (1) First class mail addressed to the Office of the
Secretary of the Commission, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, Attention: Rulemaking and Adjudications
Staff; (2) courier, express mail, or expedited delivery services:
Office of the Secretary, Sixteenth Floor, One White Flint North, 11555
Rockville Pike, Rockville, Maryland, 20852, Attention: Rulemaking and
Adjudications Staff; (3) e-mail addressed to the Office of the
Secretary, U.S. Nuclear Regulatory Commission, [email protected];
or (4) facsimile transmission addressed to the Office of the Secretary,
U.S. Nuclear Regulatory Commission, Washington, DC, Attention:
Rulemakings and Adjudications Staff at (301) 415-1101, verification
number is (301) 415-1966. A request for hearing and petition for leave
to intervene filed by e-mail or facsimile transmission need not comply
with the requirements of 10 CFR 2.304 (b)(c) and (d) if an original and
two (2) copies otherwise comply with the requirements of Section 2.304
are mailed within two (2) days, of the filing by e-mail or facsimile
transmission to the Secretary, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, Attention: Rulemaking and Adjudications
Staff. 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 it
is requested that copies be transmitted either by means of facsimile
transmission to 301-415-3725 or by email to [email protected]. A
copy of the request for hearing and petition for leave to intervene
should also be sent to Peter Marquardt, Legal Department, 688 WCB,
Detroit Edison Company, 2000 2nd Avenue, Detroit, Michigan 48226-1279,
the attorney for the licensee.
For further details with respect to this action, see the
application for amendment dated July 30, 2004, which is available for
public inspection at the Commission's PDR, located at One White Flint
North, File Public Area O1 F21, 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
[[Page 50219]]
Reference staff by telephone at 1-800-397-4209, 301-415-4737, or by e-
mail to [email protected].
Dated at Rockville, Maryland, this 6th day of August 2004.
For the Nuclear Regulatory Commission.
David P. Beaulieu,
Project Manager, Section 1, Project Directorate III, Division of
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 04-18510 Filed 8-12-04; 8:45 am]
BILLING CODE 7590-01-P