[Federal Register Volume 70, Number 225 (Wednesday, November 23, 2005)]
[Notices]
[Pages 70889-70892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-6451]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-263]
Nuclear Management Company, LLC; Notice of Consideration of
Issuance of Amendment to Facility Operating License 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 No.
DPR-22 issued to the Nuclear Management Company, LLC (NMC or the
licensee) for operation of the Monticello Nuclear Generating Plant
(Monticello) located in Wright County, Minnesota.
The proposed amendment, requested by NMC in its application dated
June 29, 2005, represents a full conversion from the Current Technical
Specifications (CTS) to a set of Improved Technical Specifications
(ITS) based on NUREG-1433, ``Standard Technical Specifications General
Electric Plants BWR/4,'' Revision 3, dated April 2001. NUREG-1433 has
been developed by the Commission's staff through working groups
composed of NRC staff 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-1433 as a basis, proposed ITS
for Monticello. 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.
This notice is based on the application dated June 29, 2005, and
any information provided to the NRC through the Monticello ITS
Conversion Web page. To expedite its application review, the NRC staff
will issue requests for additional information (RAIs) through the
Monticello ITS Conversion web page and the licensee will address the
RAIs by providing responses on the Web page. Entry into the database is
protected so that only designated licensee and NRC reviewers can enter
information; however, the public can access the database to 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 Monticello docket before the
amendment would be issued, the licensee will provide a copy of the
database in a submittal to the NRC after there are no further RAIs and
before the amendment is to be issued.
The public can access the database through the NRC Internet home
page at http://www.nrc.gov/reactors/operating/licensing/techspecs.html.
Click on the link located near the bottom of the page titled ``Improved
Technical Specifications Data Base'' to access the Excel Services
Corporation ITS Licensing Databases. Click on ``Monticello Nuclear
Power Plant Licensing Database'' to view comments and responses. The
RAIs and responses are organized by ITS sections 1.0, 2.0, 3.0, 3.1
through 3.9, 4.0, and 5.0, and include beyond scope issues (BSIs) which
are discussed later in this notice. For every ITS section or BSI, RAIs
can be read by clicking on the applicable ITS Section. Licensee
responses are indicated by a solid blue triangle below the ITS Number
or, if accessing from the ITS Section, at the bottom of the page. To
read a response, click on the triangle. To page down through the ITS
sections, click on ``Next'' along the top or bottom of the page. Click
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). 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.
Administrative changes 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-1433 and does not involve
technical changes to the CTS. The proposed changes include: (a)
Poviding the appropriate numbers, etc., for NUREG-1433 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-
1433 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.
More restrictive changes invoke more stringent requirements
compared to the CTS for facility operation. 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 standard technical specification
(STS) that is more restrictive than the CTS which the licensee proposes
to adopt in the ITS, the licensee has provided an explanation as to why
it concluded that
[[Page 70890]]
adopting the more restrictive requirement is desirable to ensure safe
operation of the facility because of specific plant design features.
Relocated changes involve relocating 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 Enclosure 1 to
the June 29, 2005, application. 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 updated final safety analysis report (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 to the CTSs 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. Relaxations previously granted to individual plants on a
plant-specific basis were, in most cases, the result of (a) generic NRC
actions, (b) new NRC staff positions that evolved from technological
advancements and operating experience, or (c) resolution of the Owners
Groups' comments on the Improved STSs. Generic relaxations contained in
NUREG-1433 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-1433, 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.
There are also changes proposed that are different from the
requirements in both the CTSs and the STSs of NUREG-1433. These are
designated as BSIs and are discussed below. The first 15 BSIs were
identified by the licensee and described in Enclosure 2 of their
application. In some cases, a BSI may be addressed as a justification
for deviation (JFD) from the STS, and identified as ITS x.x, JFD x. The
BSIs to the conversion, listed in the order of the applicable ITS
specification or section, are as follows:
1. CTS 3.1.A refers to the ``Setpoints'' of the Reactor Protection
System (RPS) Instrumentation Functions in CTS Table 3.1.1 and CTS Table
3.1.1, and specifies the ``Limiting Trip Settings'' for the RPS
Instrumentation Functions. The Limiting Trip Settings of CTS Table
3.1.1 Trip Functions 3.a, 4.a, and 4.c have been modified to reflect
new ``Allowable Values'' as indicated for ITS Table 3.3.1.1-1 Functions
1.a and 2.a. This changes the CTS by requiring RPS Instrumentation to
be set consistent with the new Allowable Values. (ITS 3.3.1.1, DOC
L.12)
2. CTS Table 4.1.1 requires a weekly functional test of the Manual
Scram Function. ITS Table 3.3.1.1-1 Function 11 and ITS SR 3.3.1.1.5
require the performance of the same test at a 31-day frequency. This
changes the CTS by extending the Manual Scram functional test frequency
from 7 days to 31 days. (ITS 3.3.1.1, DOC L.14)
3. CTS Table 3.2.5 specifies the ``Trip Setting'' for the
Anticipated Transient Without Scram-Recirculation Pump Trip High
Reactor Dome Pressure Function. The Trip Setting of CTS Table 3.2.5
Function 1 has been modified to reflect the new less restrictive
Allowable Value as indicated in ITS SR 3.3.4.1.5.b (ITS 3.3.4.1, DOC
L.4)
4. CTS Table 3.2.2 specifies the ``Trip Setting'' for Emergency
Core Cooling System (ECCS) Instrumentation Functions. The Trip Setting
of CTS 3.2.2 Function C.3 has been modified to reflect new more
restrictive Allowable Values as indicated for ITS Table 3.3.5.1-1
Functions 4.c, 4.d, 5.c and 5.d. (ITS 3.3.5.1, DOC M.8)
5. CTS Table 3.2.2 and Table 3.2.8 specify the ``Trip Setting'' for
ECCS Instrumentation Functions. The Trip Settings of CTS Table 3.2.2
Functions A.1.b.i and A.2, and Table 3.2.8 Function C.1 have been
modified to reflect new less restrictive Allowable Values as indicated
for ITS Table 3.3.5.1-1 Functions 1.c, 1.d, 2.c, 2.d, and 3.d. In
addition, the Allowable Value for ITS Table 3.3.5.1-1 Function 3.d only
specifies a single Allowable value, which is applicable for both one-
and two-tank operation. (ITS 3.3.5.1, DOC L.5)
6. CTS Table 3.2.8 specifies the ``Trip Setting'' for the
Condensate Storage Tank Level--Low for two tank and one tank operation.
The Trip Settings of CTS Table 3.2.8 Function C.1 have been modified to
reflect a new less restrictive Allowable Value as indicated for ITS
Table 3.3.5.2-1 Function 3. In addition, the Allowable Value for this
Function only specifies a single Allowable Value, which is applicable
for both one- and two-tank operation. (ITS 3.3.5.2, DOC L.3)
7. CTS Table 3.2.1 specifies the ``Trip Settings'' for the Primary
Containment Isolation Instrumentation. The Trip Settings of CTS Table
3.2.1 Functions 3.d, 4.a, 4.b, 4.c, and 5.b have been modified to
reflect more restrictive Allowable Values as indicated in ITS Table
3.3.6.1-1 Function 3.a, 3.b, 3.c, 4.c, and 5.a. (ITS 3.3.6.1, DOC M.9)
8. CTS Table 3.2.1 specifies the ``Trip Settings'' for the Primary
Containment Isolation Instrumentation. The Trip Settings of CTS Table
3.2.1 Functions 1.b, 1.d, 5.a, 5.c, and 6.a have been modified to
reflect new less restrictive Allowable Values as indicated in ITS Table
3.3.6.1-1 Functions 1.b, 1.c, 4.a, 4.b, and 6.a. (ITS 3.3.6.1, DOC L.9)
9. CTS Table 3.2.6 specifies the ``Trip Settings'' for the Loss of
Power Instrumentation. The Trip Setting of CTS Table 3.2.6 Function 1
has been modified to reflect new more restrictive Allowable Values as
indicated for ITS Table 3.3.8.1-1 Functions 2.a and 2.b. (ITS 3.3.8.1,
DOC M.3)
[[Page 70891]]
10. CTS 3.2.C.2.b states that the Rod Block Monitor (RBM) bypass
time delay must be less than or equal to 2.0 seconds. ITS 3.3.2.1 does
not require the RBM bypass time delay to be OPERABLE. This changes the
CTS by deleting the RBM bypass time delay requirements. (ITS 3.3.2.1,
DOC L.5)
11. CTS 4.14 does not provide a delayed entry into associated
Conditions and Required Actions if a Post-Accident Monitoring (PAM)
channel is inoperable solely for performance of required surveillances.
ITS SR Note 2 has been added to allow delayed entry into associated
Conditions and Required Actions for up to 6 hours if a PAM channel is
placed in an inoperable status solely for performance of required
surveillances, provided the associated function remains capable. This
changes the CTS by providing a delay time to enter Conditions and
Required Actions for a PAM channel placed in an inoperable status
solely for performance of required surveillances. (ITS 3.3.3.1, DOC
L.2)
12. CTS 4.1.C.2 requires an instrument calibration of each RPS
power monitoring channel every ``Operating Cycle.'' ITS SR 3.3.8.2.2
requires the performance of a CHANNEL CALIBRATION of the overvoltage,
undervoltage, and underfrequency setpoints every 184 days. This changes
the CTS by increasing the frequency of performing a CHANNEL CALIBRATION
of the overvoltage, undervoltage, and underfrequency setpoints. (ITS
3.3.8.2, DOC M.3)
13. CTS 4.5.F.1 provides a cross-reference to the SRs in CTS 4.6.G.
However, these are jet pump surveillances and reflect stability
monitoring issues. ITS SR 3.4.1.2 requires verification of operation in
the Normal Region of the power-to-flow map every 24 hours or in the
Stability Buffer Region of the power-to-flow map, with power
distribution controls as specified in the Core Operating Limits Report,
every 24 hours. This changes the CTS by deleting the cross references
to the SRs in CTS 4.6.G and adds a new SR. (ITS 3.4.1, DOC M.1)
14. CTS 6.8.B includes the Primary Coolant Sources Outside
Containment program requirements. The Combustible Gas Control System
(CGCS) is included in this program. ITS 5.5.2 includes the same program
requirements for the Primary Coolant Sources Outside Containment
program, except the CGCS will not be included. This changes the CTS by
deleting the program requirement for the CGCS in the Primary Coolant
Sources Outside Containment program. (ITS 5.5, DOC L.4)
15. CTS 6.8.B.2 specifies that the integrated leak test
requirements for each system outside containment that could contain
highly radioactive fluids during a serious transient or accident must
be performed at a refueling cycle or less. CTS 6.8.B also states that
CTS 4.0.B (i.e. a 25 percent allowable grace period) is applicable. ITS
5.5.2.b specifies that the same test must be performed at least once
per 24 months and that the provisions of ITS SR 3.0.2 (25 percent
allowable grace period) are applicable. This changes the CTS by
extending the frequency of the surveillance from 18 months to 24
months, with a maximum of 30 months accounting for the allowable grace
period. (ITS 5.5, DOC L.5)
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.
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, 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/
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 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.
Non-timely 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
[[Page 70892]]
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 Jonathan Rogoff, Esq., 700
First Street, Hudson, WI 54016, attorney for the licensee.
For further details with respect to this action, see the licensee's
application for amendment dated June 29, 2005, and the Monticello 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].
Dated at Rockville, Maryland, this 16th day of November, 2005.
For the Nuclear Regulatory Commission.
John F. Stang,
Sr. Project Manager, Plant Licensing Branch III-1, Division of
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. E5-6451 Filed 11-22-05; 8:45 am]
BILLING CODE 7590-01-P