Federal Register / Vol. 62, No. 52 / Tuesday, March 18, 1997 / Notices 12859

the reactor coolant pressure boundary as

set forth in Appendices G and H to 10

CFR Part 50. Appendix G to 10 CFR Part

50 defines pressure/temperature (P/T)

limits during any condition of normal

operation, including anticipated

operational occurrences and system

hydrostatic tests to which the pressure

boundary may be subjected over its

service lifetime. It is specified in 10 CFR

50.60(b) that alternatives to the

described requirements in Appendices

G and H to 10 CFR Part 50 may be used

when an exemption is granted by the

Commission under 10 CFR 50.12.

The licensee relies on the electromatic

relief valve (ERV) to provide low

temperature overpressure protection

(LTOP). The ERV is mounted on the

pressurizer and helps to control

pressure transients during power

operations. However, when the reactor

is heating up or cooling down and the

primary system pressure and

temperature are reduced, the ERV is

reset to the LTOP mode. In the LTOP

mode the setpoint to open the ERV is

low enough to prevent pressure

transients from exceeding applicable P/

T limits. Some margin should be

maintained between the primary system

pressure and the LTOP setpoint to

prevent the ERV from lifting as a result

of normal operating pressure surges.

The licensee has requested the use of

the American Society of Mechanical

Engineers (ASME) Boiler and Pressure

Vessel Code (Code) Case N–514, ‘‘Low

Temperature Overpressure Protection,’’

which allows exceeding the Appendix G

safety limits by 10 percent. ASME Code

Case N–514, the proposed alternate

methodology, is consistent with

guidelines developed by the ASME

Working Group on Operating Plant

Criteria to define pressure limits during

LTOP events that avoid certain

unnecessary operational restrictions,

provide adequate margins against failure

of the reactor pressure vessel, and

reduce the potential for unnecessary

activation of pressure-relieving devices

used for LTOP. Code Case N–514 has

been approved by the ASME Code

Committee. The content of this code

case has been incorporated into

Appendix G of Section XI of the ASME

Code and published in the 1993

Addenda to Section XI.

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 (1) when

the exemptions are authorized by law,

will not present an undue risk to public

health or 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

circumstances 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 10 CFR

50.60, Appendix G, is to establish

fracture toughness requirements for

ferritic materials of pressure-retaining

components of the reactor coolant

pressure boundary to provide adequate

margins of safety during any condition

of normal operation, including

anticipated operational occurrences, to

which the pressure boundary may be

subjected over its service lifetime.

Section IV.A.2 of this appendix requires

that the reactor vessel be operated with

P/T limits at least as conservative as

those obtained by following the

methods of analysis and the required

margins of safety of Appendix G of the

ASME Code.

Appendix G of the ASME Code

requires that the P/T limits be

calculated: (a) Using a safety factor of

two on the principal membrane

(pressure) stresses, (b) assuming a flaw

at the surface with a depth of onequarter (1/4) of the vessel wall thickness

and a length of six (6) times its depth,

and (c) using a conservative fracture

toughness curve that is based on the

lower bound of static, dynamic, and

crack arrest fracture toughness tests on

material similar to the ANO–1 reactor

vessel material.

In determining the setpoint for LTOP

events, the licensee proposed to use

safety margins based on an alternate

methodology consistent with the ASME

Code Case N–514 guidelines. The ASME

Code Case N–514 allows determination

of the setpoint for LTOP events such

that the maximum pressure in the vessel

would not exceed 110 percent of the P/

T limits of the existing ASME Appendix

G. This results in a safety factor of 1.8

on the principal membrane stresses. All

other factors, including assumed flaw

size and fracture toughness, remain the

same. Although this methodology

would reduce the safety factor on the

principal membrane stresses, the

proposed criteria will provide adequate

margins of safety to the reactor vessel

during LTOP transients and, thus, will

satisfy the underlying purpose of 10

CFR 50.60 for fracture toughness

requirements. Further, by relieving the

operational restrictions, the potential for

undesirable lifting of the ERV would be

reduced, thereby improving plant safety.

IV

For the foregoing reasons, the NRC

staff has concluded that the licensee’s

proposed use of the alternate

methodology in determining the

acceptable setpoint for LTOP events will

not present an undue risk to public

health and safety and is consistent with

the common defense and security. The

NRC staff has determined that there are

special circumstances present, as

specified in 10 CFR 50.12(a)(2), in that

application of 10 CFR 50.60 is not

necessary in order to achieve the

underlying purpose of this regulation.

Accordingly, the Commission has

determined that, pursuant to 10 CFR

50.12(a), an exemption is authorized by

law, will not endanger life or property

or common defense and security, and is,

otherwise, in the public interest.

Therefore, the Commission hereby

grants an exemption from the

requirements of 10 CFR 50.60 such that

in determining the setpoint for LTOP

events, the Appendix G curves for P/T

limits are not exceeded by more than 10

percent in order to be in compliance

with these regulations. This exemption

is applicable only to LTOP conditions

during normal operation.

Pursuant to 10 CFR 51.32, the

Commission has determined that the

granting of this exemption will not have

a significant effect on the quality of the

human environment (62 FR 11482).

This exemption is effective upon

issuance.

Dated at Rockville, Maryland, this 12th day

of March 1997.

For the Nuclear Regulatory Commission.

Samuel J. Collins,

Director, Office of Nuclear Reactor

Regulation.

[FR Doc. 97–6756 Filed 3–17–97; 8:45 am]

BILLING CODE 7590–01–P

[Docket No. 50–388]

Susquehanna Steam Electric Station,

Unit 2; Notice of Consideration of

Issuance of Amendment to Facility

Operating License 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–

22, issued to Pennsylvania Power &

Light Company (the licensee), for

operation of the

Susquehanna Steam Electric Station,

Unit 2, located in Luzerne County, PA.

The proposed amendment would

make the following changes to the

Technical Specifications for the plant to

reflect the initiation of a 24-month fuel
12860 Federal Register / Vol. 62, No. 52 / Tuesday, March 18, 1997 / Notices

cycle and the use of the Atrium-10 fuel

design: (1) Inclusion of core flow

dependent minimum critical power

ratio (MCPR) Safety Limits in Sections

2.1.2 and 3.4.1.1.2, (2) inclusion of

Siemens Power Corporation (SPC

methodology topical reports in Section

6.9.3.2, changes to Section 5.3.1 to

reflect new fuel design features, and (3)

changes to definitions in Section 1 to

reflect the new fuel design.

A notice of consideration of issuance

of amendment with a proposed no

significant hazards consideration

determination was published in the

Federal Register on January 15, 1997

(62 FR 2193). This notice supersedes the

January 15, 1997, notice.

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.

By April 17, 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 Osterhout

Free Library, Reference Department, 71

South Franklin Street, Wilkes-Barre, PA

18701. 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.

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:

Docketing and Services Branch, or may

be delivered to the Commission’s Public

Document Room, the Gelman Building,

2120 L Street, NW., Washington, DC, by

the above date. Where petitions are filed

during the last 10 days of the notice

period, it is requested that the petitioner

promptly so inform the Commission by

a toll-free telephone call to Western

Union at 1–(800) 248–5100 (in Missouri

1–(800) 342–6700). The Western Union

operator should be given Datagram

Identification Number N1023 and the

following message addressed to John F.

Stolz, Director, Project Directorate I–2:

petitioner’s name and telephone

number; date petition was mailed; plant

name; and publication date and page

number of this Federal Register notice.

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 Jay Silberg, Esquire, Shaw,

Pittman, Potts and Trowbridge, 2300 N

Street NW., Washington, DC 20037,

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).

If a request for a hearing is received,

the Commission’s staff may issue the

amendment after it completes its

technical review and prior to the

completion of any required hearing if it

publishes a further notice for public

comment of its proposed finding of no

significant hazards consideration in

accordance with 10 CFR 50.91 and

50.92.

For further details with respect to this

action, see the application for

amendment dated December 18, 1996,

as supplemented March 12, 1997, which

are 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

Osterhout Free Library, Reference

Department, 71 South Franklin Street,

Wilkes-Barre, PA 18701.

Dated at Rockville, Maryland, this 12th day

of March 1997.

For the Nuclear Regulatory Commission.

Donald S. Brinkman,

Acting Director, Project Directorate I–2,

Division of Reactor Projects—I/II, Office of

Nuclear Reactor Regulation.

[FR Doc. 97–6757 Filed 3–17–97; 8:45 am]

BILLING CODE 7590–01–P