[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