[Federal Register Volume 69, Number 188 (Wednesday, September 29, 2004)]
[Notices]
[Pages 58205-58208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-21765]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-315 and 50-316]
Indiana Michigan Power Company; Notice of Consideration of
Issuance of Amendments To Facility Operating Licenses 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 Nos.
DPR-58 and DPR-74 issued to Indiana Michigan Power Company (I&M or the
licensee) for operation of the Donald C. Cook Nuclear Plant, Units 1
and 2, (D. C. Cook) located in Berrien County, Michigan.
The proposed amendment, requested by I&M in its application dated
April 6, 2004, 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 NRC 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 D. C. Cook. The criteria in the Final Policy
Statement was subsequently added to Title 10 of the Code of Federal
Regulations (10 CFR), Part 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.
In addition to the conversion, the licensee also proposed: (1) To
delete three license conditions in the operating licenses for D. C.
Cook Units 1 and 2 and relocate the requirements to either the ITS or
the Technical Requirements Manual of the D. C. Cook Updated Final
Safety Analysis Report (UFSAR); and (2) 34 beyond scope issues (BSIs)
where the proposed requirements are different from the CTS or the STS
NUREG-1431. The BSIs are identified later in this notice.
This notice is based on the application dated April 6, 2004, and
the information provided to the NRC through the Cook ITS Conversion Web
page. To expedite its review of the application, the NRC staff issued
its requests for additional information (RAIs) through the Cook ITS
Conversion Web page and the licensee addressed the RAIs by providing
responses on the Web page. Entry into the database is protected so that
only licensee and NRC reviewers can enter information into the database
to add RAIs (NRC) or providing responses to the RAIs (licensee);
however, the public can enter the database to only read the questions
asked and the responses provided. To be in compliance with the
regulations for written communications for license amendment requests
and to have the database on the D. C. Cook dockets before the
amendments would be issued, the licensee will submit a copy of the
database in a submittal to the NRC after there are no further RAIs and
before the amendments would be issued. The public can access the
database through the NRC Web site at http://www.nrc.gov by the
following process: (1) Click on the tab labeled ``Nuclear Reactors'' on
the NRC home page along the upper part of the web page, (2) then click
on the link to ``Operating Reactors,'' which is under ``Regulated
Activities'' on the left hand side of the web page, (3) then click on
the link to ``Improved Standard Technical Specifications'' which is on
right hand side of the page, and (4) finally click on the link to
``Comments on the application and responses by D. C. Cook,'' near the
bottom of the Web page, to open the database. The RAIs and responses to
RAIs are organized by ITS Sections 1.0, 2.0, 3.0, 3.1 through 3.9, 4.0,
and 5.0, which are listed first, and the 34 BSIs, which are listed
later. For every listed ITS section or BSI, there is an RAI which can
be read by clicking on the ITS section or BSI number. The licensee's
responses are shown by a solid triangle adjacent to the ITS section or
BSI number, and, to read the response, you click on the triangle. To
page down through the ITS sections to the BSIs, click on ``next'' along
the top of the page or on ``previous'' to return to the previous page.
The licensee has categorized the proposed changes to the CTS into
five general groupings within the description of changes (DOC) section
of the application. These groupings are characterized as administrative
changes (i.e., ITS x.x, DOC A.xx), more restrictive changes (i.e., ITS
x.x, DOC M.xx), relocated specifications (i.e., ITS x.x, DOC R.xx),
removed detail changes (i.e., ITS x.x, DOC LA.xx), and less restrictive
changes (i.e., ITS x.x, DOC L.xx). This is to say that the DOCs are
numbered sequentially within each letter designator for each ITS
Chapter, Section, or Specification, and the designations are A.xx for
administrative changes, M.xx for more restrictive changes, R.xx for
relocated specifications, LA.xx for removed detail changes, and L.xx
for less restrictive changes. These 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.
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. [FEDREG][VOL]*[/VOL][NO]*[/NO][DATE]*[/
DATE][NOTICES][NOTICE][PREAMB][AGENCY]*[/AGENCY][SUBJECT]*[/SUBJECT]
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
[[Page 58206]]
that adopting the more restrictive requirement is desirable to ensure
safe operation of the facility because of specific design features of
the plant.
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) and, therefore, may
be relocated to appropriate licensee-controlled documents.
The licensee's application of the screening criteria is described
in Attachment 1 to the licensee's April 6, 2004, application, ``Donald
C. Cook Nuclear Plant, Units 1 and 2, License Amendment Request--
Conversion of Current Technical Specifications (CTS) to Improved
Technical Specifications (ITS).'' 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 UFSAR, the ITS Bases, the technical requirements manual
that is incorporated by reference in the UFSAR, the core operating
limits report, the offsite dose calculation manual, the inservice
testing program, the inservice inspection 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.
Removed detail changes, are changes to the CTS that eliminate
detail and relocate the detail to a licensee-controlled document.
Typically, this involves details of system design and function, or
procedural detail on methods of conducting a surveillance requirement
(SR). These changes are supported, in aggregate, by a single generic no
significant hazard consideration. The generic type of removed detail
change is identified in italics at the beginning of the DOC.
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 STSs. 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. The BSIs are
listed below in which the first 21 were identified by the licensee and
addressed in Enclosure 4 to its application. In some cases, the BSI is
addressed as a justification for deviation (JFD) from the STS, and
identified as ITS x.x, JFD x. These BSIs to the conversion, listed in
the order of the applicable ITS specification or section, are as
follows [note that the words below that are capitalized are terms that
are defined in the ITS]:
(1) Surveillance Frequencies for certain CHANNEL CALIBRATION
Surveillance Requirements (SRs) are being changed from 18 months in the
CTS to either 31 days or 184 days in the ITS. (ITS 3.3.1, DOC M.16; ITS
3.3.2, DOC M.10; ITS 3.3.5, DOC M.2)
(2) Changing certain ALLOWABLE VALUES as a result of extending the
CHANNEL CALIBRATION surveillance frequency from 18 months to 24 months.
(ITS 3.3.1, DOC M.17; ITS 3.3.1, DOC L.19; ITS 3.3.2, DOC M.11; ITS
3.3.2, DOC L.22
(3) Certain surveillance frequencies are being changed from 7 days,
31 days, or 92 days to 184 days. (ITS 3.3.1, DOC L.18; ITS 3.3.2, DOC
L.19; ITS 3.3.5, DOC L.5; ITS 3.3.6, DOC L.9; ITS 3.4.15, DOC L.8; ITS
3.6.9, DOC L.3; ITS 3.7.10, DOC L.3; ITS 3.7.12, DOC L.3; ITS 3.7.13,
DOC L.5)
(4) Decreases the number of manual channels required OPERABLE to
one per train. (ITS 3.3.2, DOC L.20)
(5) Decreases the number of manual channels required OPERABLE to
one per train. (ITS 3.3.6, DOC L.10)
(6) Deletes the once per shift SOURCE CHECK requirement on the
containment radiation instrumentation. (ITS 3.3.6, DOC L.11)
(7) Changes the number coolant loop required to be in operation
and/or OPERABLE, based on the status of the rod control system. (ITS
3.4.6, DOC L.1)
(8) Requirement to specifically state the required water level as
referenced to a specific point inside the steam generators instead of
using a specific indication from one instrument is being changed. (ITS
3.4.6, DOC L.5; ITS 3.4.7, DOC L.3)
(9) Changes for Unit 1 only to: (1) Decrease the unidentified
LEAKAGE limit and provide additional REQUIRED ACTIONS; and (2) add the
requirement to analyze grab samples of the containment atmosphere every
12 hours instead of every 24 hours. (ITS 3.4.13, DOC M.1; ITS 3.4.15,
DOC M.2)
(10) Increasing the pressure constant value, resulting in a
decrease in the calculated seal line resistance flow. (ITS 3.5.5, DOC
M.1)
(11) Require two of the three refueling canal drains to be
OPERABLE, and, due to this change, the word ``required'' has been added
to the Actions and the SRs since not all installed refueling drains are
required to be OPERABLE. (ITS 3.6.14, DOC L.2)
(12) Increasing the condensate storage tank volume requirements.
(ITS 3.7.6, DOC M.1)
(13) Delete the 1-hour allowance to delay declaring inoperable the
opposite unit essential service water (ESW) train, and adds
requirements to address the opposite unit ESW train. (ITS 3.7.8, DOC
M.3)
(14) Ensure only one control room air conditioning (CRAC) train is
in operation and change the temperature limit from 95 [deg]F to 85
[deg]F during the 12-hour surveillance, and add a specific requirement
to verify that each CRAC train can maintain control room air
temperature < 85 [deg]F every 31 days, and add requirements to verify
control room air temperature. (ITS 3.7.11, DOC M.2)
(15) Add the requirement that the required fuel handling area
exhaust ventilation (FHAEV) train must be in operation, add an ACTION
to take if the required FHAEV train is not in operation, add a new
surveillance
[[Page 58207]]
requirement to periodically verify the required FHAEV train is in
operation, and delete a surveillance requirement to verify the train
automatically directs its exhaust flow through the charcoal adsorber
banks on an actuation signal. (ITS 3.7.13, DOC M.1)
(16) Reduce the steady-state voltage range from 4160
420 V to 4160 +240 V, -250 V, and the steady-state frequency range from
60 1.2 Hz to 60 + 1.2 Hz, -0.6 Hz. (ITS 3.8.1, DOC M.5)
(17) Delete the requirement to perform the surveillance requirement
in accordance with the Diesel Generator (DG) Test Schedule Table, and
change the nominal test frequency to 92 days. (ITS 3.8.1, DOC L.19)
(18) Deletes requirements in CTS SR 4.8.1.1.2.e.10 on testing the
DG. (ITS 3.8.1, DOC L.20)
(19) Changes the time to perform surveillance requirement checks
from 8 hours or 24 hours, to 12 hours. (ITS 3.8.1, DOC L.21)
(20) Certain CTS SRs are not required in the ITS. (ITS 3.8.2, DOC
L.6)
(21) Extend the surveillance frequency for various surveillance
requirements to 24 months, consistent with the guidelines provided in
NRC Generic Letter 91-04. (ITS 3.1.4, DOC L.9; ITS 3.3.1, DOCs L.1,
L.2, L.3 and L.11; ITS 3.3.2, DOCs L.1, L.2, L.4 and L.13; ITS 3.3.3,
DOC L.6; ITS 3.3.4, DOC L.1; ITS 3.3.6, DOCs L.5 and L.6; ITS 3.3.7,
DOC L.2; ITS 3.3.8, DOC L.3; ITS 3.4.1, DOC L.2; ITS 3.4.9, DOC L.1;
ITS 3.4.11, DOC L.3; ITS 3.4.12, DOC L.3; ITS 3.4.14, DOC L.4; ITS
3.4.15, DOC L.6; ITS 3.5.2, DOC L.3; ITS 3.6.3, DOC L.5; ITS 3.6.6, DOC
L.1; ITS 3.6.7, DOC L.1; ITS 3.6.8, DOC L.3; ITS 3.6.9, DOC L.2; ITS
3.6.13, DOC L.1; ITS 3.7.5, DOC L.8; ITS 3.7.7, DOC L.2; ITS 3.7.8, DOC
L.2; ITS 3.7.10, DOC L.2; ITS 3.7.12, L.2; ITS 3.7.13, DOC L.4; ITS
3.8.1, DOC L.3; ITS 3.8.4, DOC L.2; and ITS 5.5, DOCs L.1 and L.3)
(22) The surveillance frequency is changed from prior to reactor
startup if not performed within the previous 7 days to 24 months. (ITS
3.3.1, DOC L.12)
(23) CTS Table 4.3-1 requires a CHANNEL CALIBRATION of Functional
Units 7 and 8, the Overtemperature delta T and Overpower delta T
channels, respectfully. The ITS specifies the normalization of the
delta T channels is not required to be performed until 72 hours after
Thermal Power is greater than or equal to 98 percent rated thermal
power. (ITS 3.3.1, DOC M.10)
(24) CTS Table 4.3-1 Functional Units 18.A and 18.B specify the SRs
for the Turbine Trip--Low Fluid Oil Pressure and Turbine Stop Valve
Closure Functions, but does not include a CHANNEL CALIBRATION
requirement. ITS SR 3.3.1.13 has been added which requires a CHANNEL
CALIBRATION of these channels every 24 months. (Table 3.3.1-1 Functions
16.a and 16.b). (ITS 3.3.1, DOC M.14)
(25) The CTS is being changed by adding the explicit Automatic
Actuation Logic and Actuation Relays SRs for ITS Function 5.a, Turbine
Trip and Feedwater Isolation. The frequency proposed for the slave
relay (24 months) is consistent with the frequency proposed for the
simulated actuation tests. (ITS 3.3.2, DOC M.2)
(26) The proposed test frequencies are based on consistency with
either other functions or with simulated actuation tests. (ITS 3.3.2,
DOC M.3)
(27) Licensee is applying WCAP-10271 to the Containment Air
Recirculation Fan Actuation logic, and Containment Pressure--High
Functions. (ITS 3.3.2, DOC L.5)
(28) Licensee applying WCAP-10271, WCAP-15376 and WCAP-14333 for
the required actions, completion times, and surveillance test intervals
for the functions listed in DOC L.5 and L.17. (ITS 3.3.2, DOC L.5 and
L.17)
(29) Deviation from STS for the P-12 interlock action to place in
``trip'' instead of ``place in the required state.'' (ITS 3.3.2, JFD
23)
(30) Eliminate requirements for residual heat removal trip bypass
when the refueling water storage tank level instrumentation becomes
inoperable. (ITS 3.3.3, DOC L.4)
(31) Relax the CTS surveillance frequency for the hydrogen analyzer
by deleting the requirement to test on a STAGGERED TEST BASIS. (ITS
3.3.3, DOC L.13)
(32) Adopt the STS repair allowed outage time of 6 hours before the
channel must be placed in trip. (ITS 3.3.5, DOC L.2)
(33) Add a setpoint methodology citation to the ITS Bases. (ITS
3.3.5, Bases Insert 4--Reference 4)
(34) Revise the wording in Required Action A.1 of ITS 3.5.5. (ITS
3.5.5, JFD 4)
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.
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, which is available at the
Commission's Public Document Room (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, [E
T='03']http://www.nrc.gov/reading-rm/doc-collections/cfr/.[/E] 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/
requestor 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 requestor's/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
[[Page 58208]]
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.
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/requestor 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.
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 e-mail to
[email protected]. A copy of the request for hearing and petition
for leave to intervene should also be sent David W. Jenkins, Esq., 500
Circle Drive, Buchanan, MI 49107, attorney for the licensee.
For further details with respect to this action, see the licensee's
application for amendment dated April 6, 2004, and the Cook ITS
Conversion Web page (as discussed above). Documents may be examined,
and/or copied for a fee at the Commission's PDR, located at One White
Flint North, Public File Area O1 F21, 11555 Rockville Pike (First
Floor), 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].
For the Nuclear Regulatory Commission.
Dated at Rockville, Maryland, this 23rd day of September, 2004.
Jack Donohew,
Senior Project Manager, Section 2, Project Directorate IV, Division of
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 04-21765 Filed 9-28-04; 8:45 am]
BILLING CODE 7590-01-P