[Federal Register Volume 70, Number 24 (Monday, February 7, 2005)]
[Notices]
[Pages 6466-6468]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2242]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-266 and 50-301]
Nuclear Management Company; Notice of Consideration of Issuance
of Amendments 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 Nos.
DPR-24 and DPR-27 issued to Nuclear Management Company (the licensee)
for operation of the Point Beach Nuclear Plant, Units 1 and 2, located
in Two Rivers, Wisconsin.
The proposed amendment would revise the Point Beach Nuclear Plant
(PBNP), Units 1 and 2, Updated Final Safety Analysis Report to reflect
the Commission staff's approval of the WCAP-14439-P, Revision 2
analysis entitled, ``Technical Justification for Eliminating Large
Primary Loop Pipe Rupture as the Structural Design Basis for the Point
Beach Nuclear Plant Units 1 and 2 for the Power Uprate and License
Renewal Program.''
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. Operation of PBNP in accordance with the proposed amendments
does not result in a significant increase in the probability or
consequences of any accident previously evaluated.
The proposed change revises the analysis supporting the PBNP
dynamic effects design basis for primary loop piping. The proposed
change does not adversely affect accident initiators or precursors
nor alter the design assumptions, conditions, or the manner in which
the plant is operated and maintained. The proposed change does not
alter or prevent the ability of structures, systems, and components
from performing their intended function to mitigate the consequences
of an initiating event within the assumed acceptance limits. The
proposed change does not affect the source term, containment
isolation, or radiological release assumptions used in evaluating
the radiological consequences of an accident previously evaluated.
Further, the proposed change does not increase the types or amounts
of radioactive effluent that may be released offsite, nor
significantly increase individual or cumulative occupational/public
radiation exposures. The proposed change is consistent with safety
analysis assumptions and resultant consequences. Therefore, it is
concluded that this change does not significantly increase the
probability of occurrence of an accident previously evaluated.
2. Operation of PBNP in accordance with the proposed amendments
does not result in a new or different kind of accident from any
accident previously evaluated.
The proposed change revises the analysis supporting the PBNP
dynamic effects design basis for primary loop piping. The changes do
not impose any new or different requirements or eliminate any
existing requirements. The changes do not alter assumptions made in
the safety analysis. The proposed changes are consistent with the
safety analysis assumptions and current plant operating practice.
Therefore, the proposed change does not create the possibility of a
new or different kind of accident from any previously evaluated.
3. Operation of PBNP in accordance with the proposed amendments
does not result in a significant reduction in a margin of safety.
The proposed change revises the analysis supporting the PBNP
dynamic effects design basis for primary loop piping. All the
recommended margins regarding leak-before-break conditions (margin
on leak rate, margin on flaw size, and margin on loads) are
satisfied for the primary loop piping. The proposed change does not
alter the manner in which safety limits, limiting safety system
settings or limiting conditions for operation are determined. The
setpoints at which protective actions are initiated are not altered
by the proposed changes. Sufficient equipment remains available to
actuate upon demand for the purpose of mitigating an analyzed event.
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.
[[Page 6467]]
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, 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 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 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
[[Page 6468]]
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, attorney
for the licensee.
For further details with respect to this action, see the
application for amendment dated November 5, 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 31st day of January 2005.
For the Nuclear Regulatory Commission.
Deirdre W. Spaulding,
Project Manager, Section 1, Project Directorate III, Division of
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 05-2242 Filed 2-4-05; 8:45 am]
BILLING CODE 7590-01-U