Federal Register / Vol. 62, No. 23 / Tuesday, February 4, 1997 / Notices 5255

Museum Services Act. It moves the

administration of library programs from

the Department of Education to the

Institute of Museum and Library

Services.

DATES: The action is effective September

30, 1996.

FOR FURTHER INFORMATION CONTACT:

Mamie Bittner, mbittner@ims.fed.us,

Director of Legislative and Public

Affairs, 1100 Pennsylvania Ave., NW.,

Washington, DC 20506.

Dated: January 24, 1997.

Diane B. Frankel,

Director.

[FR Doc. 97–2668 Filed 2–3–97; 8:45 am]

BILLING CODE 7036–01–M

NATIONAL TRANSPORTATION

SAFETY BOARD

Sunshine Act Meeting

TIME: 9:30 a.m., Tuesday, February 11,

1997.

PLACE: The Board Room, 5th Floor, 490

L’Enfant Plaza, S.W., Washington, D.C.

20594.

STATUS: Open.

MATTERS TO BE DISCUSSED:

6804 Aviation Accident Report: Continental

Airlines Flight 1943, Douglas DC–9–32,

Wheels-Up Landing at Houston, Texas,

February 19, 1996.

NEWS MEDIA CONTACT: Telephone:

(202) 314–6100.

FOR MORE INFORMATION CONTACT: Bea

Hardesty, (202) 314–6065.

Dated: January 31, 1997.

Bea Hardesty,

Federal Register Liaison Officer.

[FR Doc. 97–2850 Filed 1–31–97; 1:11 pm]

BILLING CODE 7533–01–P

NUCLEAR REGULATORY

COMMISSION

[Docket No. 50–286]

Power Authority of the State of New

York (Indian Point Nuclear Generating

Unit No. 3); Amendment to Exemption

I

The Power Authority of the State of

New York (the licensee) is the holder of

Facility Operating License No. DPR–64,

which authorizes operation of the

Indian Point Nuclear Generating Unit

No. 3 (IP3). The license provides that

the licensee is subject to all rules,

regulations, and orders of the Nuclear

Regulatory Commission (the

Commission) now or hereafter in effect.

The facility consists of a pressurizedwater reactor at the licensee’s site

located in Westchester County, New

York.

II

By letter dated October 1, 1996, as

supplemented December 5, 1996, the

licensee requested an amendment to the

Technical Specifications (TSs) and an

amendment to an existing exemption

issued on February 19, 1993. The TS

and existing exemption allow the

licensee to conduct Type C containment

isolation valve leak tests (Type C tests

or LLRTs) at intervals up to 30 months

as opposed to the 2-year interval

specified by 10 CFR Part 50, Appendix

J, Paragraph III.D.3. The requested

amendments to the TS and to this

exemption would allow a one-time

extension of 41⁄2 months to the Type C

test interval.

The TS and the existing exemption

allow the licensee to operate with a 24-

month fuel cycle. Due to a lengthy

outage period, the current fuel cycle has

been extended by several months. The

amendments to the TS and to the

exemption would allow the licensee to

complete the current fuel cycle without

another outage. The next refueling

outage is scheduled to begin in April

1997.

III

Pursuant to 10 CFR 50.12, the

Commission may, upon application by

any interested person or upon its own

initiative, grant exemptions from the

requirements of 10 CFR Part 50 when (1)

the exemptions are authorized by law,

will not present any undue risk to

public health and safety, and are

consistent with the common defense

and security and (2) when special

circumstances are present. Special

circumstances are present whenever,

according to 10 CFR 50.12(a)(2)(ii),

‘‘Application of the regulation in the

particular circumstance would not serve

the underlying purpose of the rule or is

not necessary to achieve the underlying

purpose of the rule. * * *’’

The underlying purpose of the

requirement to perform Type C tests at

intervals not to exceed 2 years is to

ensure that any potential leakage

pathways through the containment

boundary are identified within a time

span that is short enough to detect

significant degradation and long enough

to allow the tests to be conducted

during scheduled refueling outages.

This interval was originally published

in Appendix J when refueling cycles

were conducted at approximately

annual intervals and has not been

changed to reflect 2-year operating

cycles; therefore, the staff issued

Generic Letter 91–04, ‘‘Changes in

Technical Specification Surveillance

Intervals to Accommodate a 24-Month

Fuel Cycle.’’ This generic letter provides

guidance to licensees on how to prepare

requests for TS amendments and

exemptions that are needed to

accommodate a 24-month cycle.

Enclosure 3 to Generic Letter 91–04

noted that two issues should be

addressed when justifying the extended

Type C test interval: (1) a possible

reduction in the combined leakage limit

for Type B and Type C leakage tests, and

(2) the basis for concluding that the

containment leakage rate would be

maintained within the acceptable limits

with an extended test interval. The

licensee’s letters of July 17, 1992, and

December 23, 1992, in which it applied

for the existing exemption, addressed

both of these issues. The licensee’s letter

of December 5, 1996, addressed both

issues in light of the 41⁄2 month

extension.

The first issue is a reduction in the

combined containment penetration and

isolation valve leakage rate limit for

Type B and Type C tests that increases

the margin to the maximum allowable

leakage rate. The maximum allowable

leakage rate, which is referred to as La,

is specified in the facility’s TS. The

acceptance criterion for Type B and C

tests is that the combined leakage rate

shall be less than 0.60 La. This

constitutes a margin of 0.40 La (40

percent of La). Enclosure 3 to Generic

Letter 91–04 states that in order to

justify an exemption to the Appendix J

requirements and extend Type C test

intervals up to 30 months, licensees

should either (1) use leakage test data to

demonstrate that the margin of 0.40 La

will not be reduced as a result of the test

interval increase or (2) propose an

acceptance criterion limit of less than

0.60 La as a TS change. The licensee has

proposed an acceptance criterion limit

of 0.50 La for IP3. This constitutes a 25

percent increase in margin (40 percent

to 50 percent). The staff has reviewed

the proposed reduction in the combined

leakage rate limit to 0. 50 La and finds

it is consistent with the

recommendations of Enclosure 3 to

Generic Letter 91–04 and is, therefore,

acceptable. A one-time extension of the

test interval by 41⁄2 months does not

change the staff’s determination in this

matter.

The second issue is the basis for

concluding that containment leakage

will be maintained within acceptable

limits with an extended test interval. At

the time of issuance of the existing

amendment, ten LLRTs had been

performed during the lifetime of IP3.
5256 Federal Register / Vol. 62, No. 23 / Tuesday, February 4, 1997 / Notices

The as-found results of the first two

tests (1978 and 1979) did not meet the

acceptable leakage limit due to

excessive leakage from one valve in

1978 and from four valves in 1979. The

as-found results of the next six tests

were below the acceptable leakage limit.

The as-found results of the 1989 and

1990 tests did not meet the acceptable

leakage limit due to excessive leakage

from three valves in 1989 and from one

valve in 1990. For each of the tests that

did not meet the leakage limits, repairs

to the noted valves were conducted, and

the as-left values were well below

acceptable leakage limits. The licensee

reviewed the results of these ten LLRTs

and concluded that the failures, except

for one valve which was replaced in

1990, were random and non-recurring.

The licensee concluded that these

failures were not indicative of a poor

performance trend. The staff reviewed

the LLRT data provided by the licensee

as well as the methodology used by the

licensee to extrapolate LLRT data to a

30-month test interval and the staff

concluded that there is reasonable

assurance that the containment leakage

rate would be maintained within

acceptable limits with an LLRT interval

increase to 30 months.

Since the request for the exemption

allowing a 30-month LLRT test interval,

two more tests have been conducted. In

the first such test, conducted in 1992,

the leakage for all valves was less than

the minimum detectable for the test rig

in use. In the second such test,

conducted in 1994, the total leakage was

88 percent of the allowable value. The

test rig used in the 1994 LLRT allowed

the licensee to identify the valves that

contributed most to total leakage.

Maintenance was performed on these

valves and the as-left leakage was less

than 40 percent of the allowable limit.

Based on its review of all of the LLRT

data, the staff has concluded that there

is reasonable assurance that the

containment leak rate will remain

within acceptable limits if the LLRT

interval is extended by 41⁄2 months;

therefore, the application of the

regulation in the particular

circumstances is not necessary to

achieve the underlying purpose of the

rule.

IV

Accordingly, the Commission has

determined that, pursuant to 10 CFR

50.12, that (1) the exemption described

in Section III are authorized by law, will

not endanger life or property, and are

otherwise in the public interest and (2)

special circumstances exist pursuant to

10 CFR 50.12(a)(2)(ii). Therefore, the

Commission hereby grants the following

amendment to the exemption dated

February 19, 1993: The Power Authority

of the State of New York is exempt from

the requirement of 10 CFR Part 50,

Appendix J, Paragraph III.D.3, in that

the current interval between Type C

tests may be extended beyond 30

months for the Indian Point Nuclear

Generating Unit No. 3. The Type C tests

must be conducted during an outage

beginning no later than May 31, 1997.

This amendment applies to the current

test interval only.

Pursuant to 10 CFR 51.32, the

Commission has determined that the

granting of this exemption will have no

significant impact on the quality of the

human environment (62 FR 3538).

This exemption is effective upon

issuance.

For the Nuclear Regulatory Commission.

Frank J. Miraglia,

Acting Director, Office of Nuclear Reactor

Regulation.

Dated at Rockville, Maryland, this 28th day

of January 1997.

[FR Doc. 97–2688 Filed 2–3–97; 8:45 am]

BILLING CODE 7590–01–P

[Docket No. 30–02764–MLA; ASLBP No. 97–

722–01–MLA]

University of Cincinnati; Designation

of Presiding Officer

Pursuant to delegation by the

Commission dated December 29, 1972,

published in the Federal Register, 37

F.R. 28710 (1972), and Sections 2.105,

2.700, 2.702, 2.714, 2.714a, 2.717 and

2.1207 of the Commission’s Regulations,

a single member of the Atomic Safety

and Licensing Board Panel is hereby

designated to rule on petitions for leave

to intervene and/or requests for hearing

and, if necessary, to serve as the

Presiding Officer to conduct an informal

adjudicatory hearing in the following

proceeding.

University of Cincinnati (Denial of

License Amendment)

The hearing, if granted, will be

conducted pursuant to 10 C.F.R.

Subpart L of the Commission’s

Regulations, ‘‘Informal Hearing

Procedures for Adjudications in

Materials and Operator Licensing

Proceedings.’’ This proceeding concerns

a denial by NRC Staff of a request by the

University of Cincinnati for a license

amendment and a hearing petition

pursuant to 10 C.F.R. Section 2.1205(b).

The Presiding Officer in this

proceeding is Administrative Judge G.

Paul Bollwerk III. Pursuant to the

provisions of 10 C.F.R. 2.722,

Administrative Judge Jerry R. Kline has

been appointed to assist the Presiding

Officer in taking evidence and in

preparing a suitable record for review.

All correspondence, documents and

other materials shall be filed with Judge

Bollwerk and Judge Kline in accordance

with C.F.R. 2.701. Their addresses are:

Administrative Judge G. Paul Bollwerk

III, Presiding Officer, Atomic Safety

and Licensing Board Panel, U.S.

Nuclear Regulatory Commission,

Washington, D.C. 20555

Administrative Judge Jerry R. Kline,

Special Assistant, Atomic Safety and

Licensing Board Panel, U.S. Nuclear

Regulatory Commission, Washington,

D.C. 20555

Issued at Rockville, Maryland, this 29th

day of January 1997.

B. Paul Cotter, Jr.,

Chief Administrative Judge, Atomic Safety

and Licensing Board Panel.

[FR Doc. 97–2690 Filed 2–3–97; 8:45 am]

BILLING CODE 7590–01–P

[Docket Nos. 50–266 and 50–301]

Wisconsin Electric Power 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 amendments to

Facility Operating License Nos. DPR–24

and DPR–27 issued to Wisconsin

Electric Power Company (the licensee),

for operation of the Point Beach Nuclear

Power Plant, Units 1 and 2, located in

Manitowoc County, Wisconsin.

The proposed amendments would

change Technical Specification

requirements related to the low

temperature overpressure protection

(LTOP) system. Specifically, the reactor

coolant system (RCS) temperature below

which LTOP is required to be enabled

and the temperature below which one

high pressure safety injection pump is

required to be rendered inoperable

would be changed from less than 275

degrees Fahrenheit to less than 355

degrees Fahrenheit. Additionally, the

restriction of ‘‘less than the minimum

pressurization temperature for the

inservice pressure test as defined in

Figure 15.3.1–1’’ would be deleted and

the specific temperature limit of less

than 355 degrees Fahrenheit would be

specified. The setpoint for the

pressurizer power-operated relief valves

(PORVs) would be changed from less

than or equal to 425 pounds per square

inch gage (psig) to less than or equal to

440 psig to allow for instrument