[Federal Register Volume 62, Number 71 (Monday, April 14, 1997)]
[Notices]
[Pages 18153-18155]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9560]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. STN 50-528, STN 50-529, and STN 50-530]


Arizona Public Service Company; Notice of Consideration of 
Issuance of Amendments to Facility Operating Licenses and Opportunity 
for a Hearing

    The U.S Nuclear Regulatory Commission (the Commission) is 
considering issuance of amendments to Facility Operating License Nos. 
NPF-41, NPF-51, and NPF-74 issued to the Arizona Public Service Company 
(APS or the licensee) for operation of the Palo Verde Nuclear 
Generating Station, Unit Nos. 1, 2, and 3, located in Maricopa County, 
Arizona.
    The proposed amendments, requested by the licensee in a letter 
dated October 4, 1996, as supplemented by letter dated March 16, 1997, 
would represent a full conversion from the current Technical 
Specifications (TSs) to a set of TS based on NUREG-1432, Revision 1, 
``Standard Technical Specifications, Combustion Engineering Plants'' 
dated April 1995. NUREG-1432 has been developed through working groups 
composed of both NRC staff members and industry representatives and has 
been endorsed by the staff as part of a industry-wide initiative to 
standardize and improve TS. 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 current Palo Verde Nuclear 
Generating Station (PVNGS) TSs, and, using NUREG-1432 as a basis, 
developed a proposed set of improved

[[Page 18154]]

TSs for PVNGS. The criteria in the final policy statement were 
subsequently added to 10 CFR 50.36, ``Technical Specifications,'' in a 
rule change which was published in the Federal Register on July 19, 
1995 (60 FR 36953) and became effective on August 18, 1995.
    The licensee has categorized the proposed changes to the existing 
TSs into six general groupings. These groupings are characterized as 
administrative changes, relocated changes, more restrictive changes, 
less restrictive changes, other relocated changes, and other less 
restrictive changes.
    Administrative changes are those that involve restructuring, 
renumbering, rewording, interpretation and complex rearranging of 
requirements and other changes not affecting technical content or 
substantially revising an operational requirement. The reformatting, 
renumbering and rewording process reflects the attributes of NUREG-1432 
and do not involve technical changes to the existing TSs. The proposed 
changes include (a) Providing the appropriate numbers, etc., for NUREG-
1432 bracketed information (information which 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-1432 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.
    Relocated changes are those involving relocation of requirements 
and surveillances for structures, systems, components or variables that 
do not meet the criteria for inclusion in the TSs. Relocated changes 
are those current TS requirements which do not satisfy or fall within 
any of the four criteria specified in the Commission's policy statement 
and may be relocated to appropriate licensee-controlled documents.
    The licensee's application of the screening criteria is described 
in Attachment (1) of its October 4, 1996, application titled 
``Application of the TS Criteria (Split Report)'' in Volume 1 of the 
submittal. 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 TS to administratively controlled 
documents such as the Updated Final Safety Analysis Report (UFSAR), the 
BASES, the Technical Requirements Manual (TRM) or other licensee-
controlled documents. Changes made to these documents will be made 
pursuant to 10 CFR 50.59 or other appropriate control mechanisms. In 
addition, the affected structures, systems, components or variables are 
addressed in existing surveillance procedures which are also subject to 
10 CFR 50.59. These proposed changes will not impose or eliminate any 
requirements.
    More restrictive changes are those involving more stringent 
requirements for operation of the facility or eliminate existing 
flexibility. These more stringent requirements do not result in 
operation that will alter assumptions relative to 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 current PVNGS TSs that is more restrictive than the corresponding 
requirement in NUREG-1432 which the licensee proposes to retain in the 
improved Technical Specifications (ITSs), they have provided an 
explanation of why they have concluded that retaining the more 
restrictive requirement is desirable to ensure safe operation of the 
facilities because of specific design features of the plant.
    Less restrictive changes are those where current requirements are 
relaxed or eliminated, or new 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. In 
most cases, relaxations previously granted to individual plants on a 
plant-specific basis were the result of (a) Generic NRC actions, (b) 
new NRC staff positions that have evolved from technological 
advancements and operating experience, or (c) resolution of the Owners 
Groups' comments on the ITSs. Generic relaxations contained in NUREG-
1432 were reviewed by the staff and found to be acceptable because they 
are consistent with current licensing practices and NRC regulations. 
The licensee's design will be reviewed to determine if the specific 
design basis and licensing basis are consistent with the technical 
basis for the model requirements in NUREG-1432 and thus provides a 
basis for these revised TSs or if relaxation of the requirements in the 
current TSs is warranted based on the justification provided by the 
licensee.
    Other changes from the current TS requirements will involve 
relocating details of requirements and surveillances for these affected 
structures, systems, components or variables to administratively 
controlled documents such as the UFSAR, the Bases, the TRM or other 
licensee-controlled documents. Changes made to these documents will be 
made pursuant to 10 CFR 50.59 or other appropriate control mechanisms. 
In addition, the affected structures, systems, components or variables 
are addressed in existing surveillance procedures which are subject to 
10 CFR 50.59. These proposed changes will not impose or eliminate any 
requirements.
    Other less restrictive changes are additional changes that result 
in less restrictions in the TS which are discussed individually in the 
licensee's submittal. In addition to the changes solely involving the 
conversion, changes are proposed to the current technical 
specifications or as deviations from the improved CE Technical 
Specifications (NUREG-1432) as follows:

    1. Limiting Condition for Operation (LCO) 3.6.1.5, containment 
air temperature is being revised to incorporate instrument 
uncertainties.
    2. LCO 3.6.2.1, containment spray system applicability is being 
revised to specify that in Modes 1, 2, 3, and 4* with the asterisk 
meaning ``only when shutdown cooling is not in operation.''
    3. Surveillance Requirement 4.6.2.1.c, containment spray header 
piping water level is being revised to include instrument 
uncertainty.
    4. Surveillance Requirement 4.6.4.3.d.1, allowable pressure drop 
across the hydrogen purge filtration unit is being revised as a 
result of a revised analysis.
    5. Surveillance Requirement 4.3.2.1, frequency testing of the 
engineered safety feature actuation system (ESFAS) subgroup relays 
is being extended in accordance with CE Topical Report CEN-403, 
Revision 1-A and the associated safety evaluation issued by the NRC.
    6. Applicability Note for LCO 3.5.1, safety injection tank 
minimum nitrogen cover pressure is being revised to include 
instrument uncertainties.

    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 May 14, 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

[[Page 18155]]

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 Phoenix Public Library, 1221 N. Central 
Avenue, Phoenix, Arizona 85004. 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 William H. Bateman, Director, Project 
Directorate IV-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 Nancy C. Loftin, Esq., Corporate 
Secretary and Counsel, Arizona Public Service Company, P.O. Box 53999, 
Mail Station 9068, Phoenix, Arizona 85072-3999, 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 October 4, 1996, as supplemented by 
letter dated March 16, 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 Phoenix Public Library, 1221 N. Central Avenue, Phoenix, 
Arizona 85004.

    Dated at Rockville, Maryland, this 3rd day of April 1997.

    For the Nuclear Regulatory Commission.
Charles R. Thomas,
Project Manager, Project Directorate IV-2, Division of Reactor Projects 
III/IV, Office of Nuclear Reactor Regulation.
[FR Doc. 97-9560 Filed 4-11-97; 8:45 am]
BILLING CODE 7590-01-P