[Federal Register Volume 69, Number 163 (Tuesday, August 24, 2004)]
[Notices]
[Pages 52037-52039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19306]
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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 allow entry into a mode or other
specified condition in the applicability of a technical specification
(TS), while in a condition statement and the associated required
actions of the TS, provided the licensee performs a risk assessment and
manages risk consistent with the program in place for complying with
the requirements of Title 10 of the Code of Federal Regulations (10
CFR), Part 50, Section 50.65(a)(4). Limiting Condition for Operation
(LCO) 3.0.4 exceptions in individual TSs would be eliminated, and
Surveillance Requirement (SR) 3.0.4 revised to reflect the LCO 3.0.4
allowance.
This change was proposed by the industry's Technical Specification
Task Force (TSTF) and is designated TSTF-359. The NRC staff issued a
notice of opportunity for comment in the Federal Register on August 2,
2002 (67 FR 50475), on possible amendments concerning TSTF-359,
including a model safety evaluation and model no significant hazards
consideration (NSHC) determination, using the consolidated line-item
improvement process. The NRC staff subsequently issued a notice of
availability of the models for referencing in license amendment
applications in the Federal Register on April 4, 2003 (68 FR 16579).
The licensee affirmed the applicability of the model NSHC determination
in its application dated April 1, 2004.
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 10 CFR, Section 50.92, this means that
operation of the facility in accordance with the
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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), an analysis of
the issue of no significant hazards consideration is presented below:
Criterion 1--The Proposed Change Does Not Involve a Significant
Increase in the Probability or Consequences of an Accident
Previously Evaluated.
The proposed change allows entry into a mode or other specified
condition in the applicability of a TS, while in a TS condition
statement and the associated required actions of the TS. Being in a
TS condition and the associated required actions is not an initiator
of any accident previously evaluated. Therefore, the probability of
an accident previously evaluated is not significantly increased. The
consequences of an accident while relying on required actions as
allowed by proposed LCO 3.0.4, are no different than the
consequences of an accident while entering and relying on the
required actions while starting in a condition of applicability of
the TS. Therefore, the consequences of an accident previously
evaluated are not significantly affected by this change. The
addition of a requirement to assess and manage the risk introduced
by this change will further minimize possible concerns. Therefore,
this change does not involve a significant increase in the
probability or consequences of an accident previously evaluated.
Criterion 2--The proposed Change Does Not Create the Possibility
of a New or Different Kind of Accident from any Previously
Evaluated.
The proposed change does not involve a physical alteration of
the plant (no new or different type of equipment will be installed).
Entering into a mode or other specified condition in the
applicability of a TS, while in a TS condition statement and the
associated required actions of the TS, will not introduce new
failure modes or effects and will not, in the absence of other
unrelated failures, lead to an accident whose consequences exceed
the consequences of accidents previously evaluated. The addition of
a requirement to assess and manage the risk introduced by this
change will further minimize possible concerns. Thus, this change
does not create the possibility of a new or different kind of
accident from an accident previously evaluated.
Criterion 3--The Proposed Change Does Not Involve a Significant
Reduction in a Margin of Safety.
The proposed change allows entry into a mode or other specified
condition in the applicability of a TS, while in a TS condition
statement and the associated required actions of the TS. The TS
allow operation of the plant without the full complement of
equipment through the conditions for not meeting the TS LCO. The
risk associated with this allowance is managed by the imposition of
required actions that must be performed within the prescribed
completion times. The net effect of being in a TS condition on the
margin of safety is not considered significant. The proposed change
does not alter the required actions or completion times of the TS.
The proposed change allows TS conditions to be entered, and the
associated required actions and completion times to be used in new
circumstances. This use is predicated upon the licensee's
performance of a risk assessment and the management of plant risk.
The change also eliminates current allowances for utilizing required
actions and completion times in similar circumstances, without
assessing and managing risk. The net change to the margin of safety
is insignificant. Therefore, this change does not involve a
significant reduction in a margin of safety.
Based on the reasoning presented the above and the previous
discussion of the amendment request 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 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
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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 requesters/
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 formal requirements of 10 CFR 2.304 (b) (c) and (d) if an
original and two (2) copies that 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 April 1, 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
Reference staff by telephone at 1-800-397-4209, 301-415-4737, or by e-
mail to [email protected].
Dated at Rockville, Maryland, this 16th 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. 04-19306 Filed 8-23-04; 8:45 am]
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