[Federal Register Volume 65, Number 207 (Wednesday, October 25, 2000)]
[Notices]
[Pages 63899-63900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-27383]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-315 and 50-316]


Indiana Michigan Power Company; 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 amendments to Facility Operating License Nos. 
DPR-58 and DPR-74 issued to Indiana Michigan Power Company for 
operation of the Donald C. Cook Nuclear Plant, Units 1 and 2 located in 
Berrien County, Michigan.
    The proposed amendments would revise Technical Specification (TS) 
3/4.7.1.2, ``Auxiliary Feedwater System (AFW),'' to change the 
description in the TS surveillance requirement for the position for 
each automatic valve in the system from the ``fully open'' position to 
the ``correct'' position.
    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 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. Does the change involve a significant increase in the 
probability of occurrence or consequences of an accident previously 
evaluated?
    The proposed change does not affect any accident initiators or 
precursors. As such, the proposed change does not increase the 
probability of an accident. The proposed change does not affect the 
ability of the AFW system to mitigate the consequences of an 
accident. By ensuring the required flowrates are preserved, accident 
consequences are not increased.
    Therefore, the probability of occurrence or consequences of 
accidents previously evaluated are not significantly increased.
    2. Does the change create the possibility of a new or different 
kind of accident from any accident previously analyzed?
    The proposed change does not involve a physical alteration in 
the AFW system or a change to the way the system is operated; 
however, such changes would be permitted under 10 CFR 50.59, as 
described above. Consequently, no new failure modes, malfunctions, 
or system interactions are created.
    Therefore, the possibility of a new or different kind of 
accident from any accident previously analyzed is not created.
    3. Does the change involve a significant reduction in a margin 
of safety?
    The AFW system is used after certain accidents to remove decay 
heat and reduce reactor coolant system temperature to less than 
350'F, when the residual heat removal system may be placed into 
operation. This function mitigates the consequences of an accident 
that could result in overpressurization of the reactor coolant 
pressure boundary. The proposed change does not affect the ability 
of the AFW system to perform this function. Future changes would be 
allowed via 10 CFR 50.59, as described above. Changes to the 
position of the automatic AFW system valves would impact AFW system 
flow following an accident. Requiring AFW system valves to be in the 
correct position ensures flow is provided in a manner consistent 
with the accident analyses assumptions.
    The proposed change does not impact the ability of the AFW 
system to mitigate the consequences of an accident. Therefore, the 
proposed change does not involve a significant reduction in a 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 30 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 30-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 30-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 and provide for opportunity for a hearing 
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, 11555 Rockville Pike (first 
floor), Rockville, MD.
    The filing of requests for hearing and petitions for leave to 
intervene is discussed below.
    By November 24, 2000, the licensee may file a request for a hearing 
with

[[Page 63900]]

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, located at One White Flint North, 
11555 Rockville Pike (first floor), Rockville, Maryland, and accessible 
electronically through the ADAMS Public Electronic Reading Room link at 
the NRC Web site (http://www.nrc.gov). 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 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 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.
    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, or may be delivered to the Commission's Public 
Document Room, located at One White Flint North, 11555 Rockville Pike 
(first floor), Rockville, Maryland, 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 David 
W. Jenkins, Esq., 500 Circle Drive, Buchanan, MI 49107, 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 October 18, 2000, which is available 
for public inspection at the Commission's Public Document Room, located 
at One White Flint North, 11555 Rockville Pike (first floor), 
Rockville, Maryland, and accessible electronically through the ADAMS 
Public Electronic Reading Room link at the NRC Web site (http://www.nrc.gov).

    Dated at Rockville, Maryland, this 19th day of October 2000.
    For the Nuclear Regulatory Commission.
John F. Stang,
Senior Project Manager, Section 1, Project Directorate III, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 00-27383 Filed 10-24-00; 8:45 am]
BILLING CODE 7590-01-P