[Federal Register Volume 69, Number 179 (Thursday, September 16, 2004)]
[Notices]
[Pages 55844-55846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20851]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-331, 50-255, 50-266, 50-301, 50-282 AND 50-306]


Nuclear Management Company, LLC; Notice of Consideration of 
Issuance of Amendments to Facility Operating Licenses, Proposed no 
Significant Hazards Consideration Determination, and Opportunity for A 
Hearing

    The U.S. Nuclear Regulatory Commission (the Commission) is 
considering issuance of amendments to Facility Operating License Nos. 
DPR-49, DPR-20, DPR-24, DPR-27, DPR-42 and DPR-60 issued to Nuclear 
Management Company, LLC, (the licensee) for operation of the Duane 
Arnold Energy Center located in Linn County, Iowa; the Palisades Plant 
located in Van Buren County, Michigan; the Point Beach Nuclear Plant, 
Units 1 and 2, located in Town of Two Creeks, Manitowoc County, 
Wisconsin; and the Prairie Island Nuclear Generating Plant, Units 1 and 
2, located in Goodhue County, Minnesota, respectively.
    The proposed amendments 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 following NSHC 
determination in its application dated December 23, 2003.
    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.
    The Commission has made a proposed determination that the amendment 
requests involve no significant hazards consideration. Under the 
Commission's regulations in 10 CFR 50.92, this means that operation of 
the facilities in accordance with the proposed amendments 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

[[Page 55845]]

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:

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.

    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 requests involve 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 amendments before expiration of the 
60-day period provided that its final determination is that the 
amendments involve no significant hazards consideration. In addition, 
the Commission may issue the amendments 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 a 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 amendments to the subject facility operating licenses 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, 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 or 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/or 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

[[Page 55846]]

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 requests involve 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 amendments. If the final determination is that the amendment 
requests involve 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 or 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, and 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 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 Jonathan Rogoff, Esquire, 
Vice President, Counsel & Secretary, Nuclear Management Company, LLC, 
700 First Street, Hudson, WI 54016, the attorney for the licensee.
    For further details with respect to this action, see the 
application for amendments dated December 23, 2003, 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 9th day of September 2004.

For the Nuclear Regulatory Commission
L. Mark Padovan,
Project Manager, Section 1, Project Directorate III, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 04-20851 Filed 9-15-04; 8:45 am]
BILLING CODE 7590-01-P