[Federal Register Volume 62, Number 165 (Tuesday, August 26, 1997)]
[Notices]
[Pages 45280-45282]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22633]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-397]


Washington Public Power Supply System; Notice of Consideration of 
Issuance of Amendment 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 No. 
NPF-21, issued to Washington Public Power System (the licensee), for 
operation of the Washington Nuclear Project No. 2 (WNP-2) located in 
Benton County, Washington.
    The proposed amendment would modify the inservice testing (IST) 
requirements specified in Technical Specification (TS) 5.5.6 for the 
inboard primary containment isolation valve (PCIV) on the transversing 
in-core probe (TIP) system nitrogen purge line. The proposed amendment 
is submitted to resolve enforcement discretion which was issued to the 
licensee on August 13, 1997, related to the above identified TS 
surveillance requirements.
    The exigent circumstances for this technical specification 
amendment request exist due to the potential for system degradation 
associated with isolating the nitrogen purge line to the TIP system for 
the duration of the current operating cycle.
    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.
    Pursuant to 10 CFR 50.91(a)(6) for amendments to be granted under 
exigent circumstances, the NRC staff must determine that the amendment 
request involves no significant hazards consideration. Under the 
Commission's regulations in 10 CFR 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. The proposed change does not involve a significant increase in 
the probability or consequences of any accident previously evaluated.
    The purpose of the proposed license amendment is to extend the full 
stroke testing requirement interval for TIP-V-6 to the next shutdown of 
sufficient duration to complete the testing. The test requirement 
assures the freedom of movement of the obturator of the check valve. 
The probability of occurrence of an evaluated accident is not increased 
because extending the testing interval does not create a new precursor 
or effect an existing precursor to any design basis accident. The 
consequences of an evaluated accident are not significantly increased 
because of the reliable performance history of TIP-V-6 and an operable 
TIP-V-15. The ability of TIP-V-6 to provide containment isolation is 
maintained. Therefore, the proposed amendment request does not 
significantly increase the probability or consequences of an accident 
previously evaluated.
    2. The proposed change does not create the possibility of a new or 
different kind of accident from any accident previously evaluated.
    The Technical Specification amendment would not create a new or 
different kind of accident because it does not involve modification of 
the plant configuration, result in any physical change to TIP-V-6, or 
its

[[Page 45281]]

operation. As a result, no new failure modes are introduced. Therefore, 
no new or different kinds of accidents are created.
    3. The proposed change does not involve a significant reduction in 
a margin of safety.
    The safety function of TIP-V-6 is to close to isolate the primary 
containment under accident conditions. The extension of this testing 
interval for TIP-V-6 will not decrease the reliability of the valve. 
The performance of TIP-V-6, as demonstrated through testing and 
inspection, has been good. However, should the check valve fail to 
close to isolate the purge line, the external automatic isolation valve 
(TIP-V-15) would provide the required containment penetration 
isolation. Plant and system response to an initiating event will remain 
unchanged. Therefore, the proposed change does not involve a 
significant reduction in the 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 request involves no significant hazards consideration.
    The Commission is seeking public comments on this proposed 
determination. Any comments received within 14 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 the 14-day notice period. However, should circumstances 
change during the notice period, such that failure to act in a timely 
way would result, for example, in derating or shutdown of the facility, 
the Commission may issue the license amendment before the expiration of 
the 14-day notice period, provided that its final determination is that 
the amendment involves no significant hazards consideration. The final 
determination will consider all public and State comments received. 
Should the Commission take this action, it will publish in the Federal 
Register a notice of 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 
Review and Directives Branch, Division of Freedom of Information and 
Publications 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 6D22, Two White Flint 
North, 11545 Rockville Pike, Rockville, Maryland, from 7:30 a.m. to 
4:15 p.m. Federal workdays. Copies of written comments received may be 
examined at the NRC Public Document Room, the Gelman Building, 2120 L 
Street, NW., Washington, DC.
    The filing of requests for hearing and petitions for leave to 
intervene is discussed below.
    By September 25, 1997, 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 2.714 which 
is available at the Commission's Public Document Room, the Gelman 
Building, 2120 L Street, NW., Washington, DC, and at the local public 
document room located at the Richland Public Library, 955 Northgate 
Street, Richland, Washington 99352. If a request for a hearing or 
petition for leave to intervene is filed by the above date, the 
Commission or an Atomic Safety and Licensing Board, designated by the 
Commission or by the Chairman of the Atomic Safety and Licensing Board 
Panel, will rule on the request and/or petition; and the Secretary or 
the designated Atomic Safety and Licensing Board will issue a notice of 
hearing or an appropriate order.
    As required by 10 CFR 2.714, 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 factors: (1) The nature of the petitioner's right under the 
Act to be made a party to the proceeding; (2) the nature and extent of 
the petitioner's property, financial, or other interest in the 
proceeding; and (3) the possible effect of any order which may be 
entered in the proceeding on the petitioner's interest. The petition 
should also identify the specific aspect(s) of the subject matter of 
the proceeding as to which petitioner wishes to intervene. Any person 
who has filed a petition for leave to intervene or who has been 
admitted as a party may amend the petition without requesting leave of 
the Board up to 15 days prior to the first prehearing conference 
scheduled in the proceeding, but such an amended petition must satisfy 
the specificity requirements described above.
    Not later than 15 days prior to the first prehearing conference 
scheduled in the proceeding, a petitioner shall file a supplement to 
the petition to intervene which must include a list of the contentions 
which are sought to be litigated in the matter. Each contention must 
consist of a specific statement of the issue of law or fact to be 
raised or controverted. In addition, the petitioner shall provide a 
brief explanation of the bases of 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. Petitioner must provide 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 who fails to file such a supplement which satisfies 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, including the opportunity to present evidence and cross-
examine witnesses.
    If the amendment is issued before the expiration of the 30-day 
hearing period, the Commission will make a final determination on the 
issue of no significant hazards consideration. If a hearing is 
requested, 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 
significant

[[Page 45282]]

hazards consideration, any hearing held would take place before the 
issuance of any amendment.
    A request for a hearing or a petition for leave to intervene must 
be filed with the Secretary of the Commission, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, Attention: Rulemakings and 
Adjudications Staff, may be delivered to the Commission's Public 
Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC, 
by the above date. A copy of the petition should also be sent to the 
Office of the General Counsel, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, and to Perry D. Robinson, Esq., Winston & 
Strawn, 1400 L Street, N.W., Washington, D.C. 20005-3502, attorney for 
the licensee.
    Nontimely filings of petitions for leave to intervene, amended 
petitions, supplemental petitions and/or requests for hearing will not 
be entertained absent a determination by the Commission, the presiding 
officer or the presiding Atomic Safety and Licensing Board that the 
petition and/or request should be granted based upon a balancing of the 
factors specified in 10 CFR 2.714(a)(1) (i)-(v) and 2.714(d).
    For further details with respect to this action, see the 
application for amendment dated August 14, 1997, which is available for 
public inspection at the Commission's Public Document Room, the Gelman 
Building, 2120 L Street, NW., Washington, DC, and at the local public 
document room, located at the Richland Public Library, 955 Northgate 
Street, Richland, Washington 99352.

    Dated at Rockville, Maryland, this 20th day of August 1997.

    For the Nuclear Regulatory Commission.
Timothy G. Colburn,
Senior Project Manager, Project Directorate IV-2, Division of Reactor 
Projects--III/IV, Office of Nuclear Reactor Regulation.
[FR Doc. 97-22633 Filed 8-25-97; 8:45 am]
BILLING CODE 7590-01-P