Federal Register / Vol. 63, No. 88 /Thursday, May 7, 1998 / Notices 25243

[reference temperature nil ductility temperature]

(using Regulatory Guide 1.99 ‘‘Radiation

Embrittlement of Reactor Vessel

Materials,’’ Revision 2), and (3) a

limiting material toughness curve based

on bounding dynamic crack initiation

and crack arrest data.

In addition, NSP explained that plant

operators must operate the plant

between the minimum pressure

required to preserve reactor coolant

pump seals and a maximum pressure

that does not challenge the poweroperated relief valve setpoint. Without

the application of ASME Code Case N–

514, Prairie Island would have an

operating window that is too narrow to

permit reasonable system makeup and

pressure control. NSP continued by

stating that further reduction of the

OPPS pressure setpoint below 500 psig

would increase the probability that the

reactor coolant pump’s no. 1 seal will

fail as a result of OPPS operation, and

that such a seal failure could produce a

breach in the reactor coolant system

boundary that could not be isolated.

Therefore, inadvertent OPPS actuation

could lead to a small break loss-ofcoolant accident and the unnecessary

release of reactor coolant inside

containment.

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 OPPS 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)(ii), in

that the application of 10 CFR 50.60 is

not necessary in order to achieve the

underlying purpose of this regulation.

The NRC staff agreed with NSP’s

determination that an exemption would

be required to approve the use of Code

Case N–514. The NRC staff examined

NSP’s rationale to support the

exemption request and concluded that

the use of Code Case N–514 would also

meet the underlying intent of the

regulations. Based upon a consideration

of the conservatisms that are explicitly

defined in the Appendix G methodology

(as listed in Section III above), the staff

concluded that permitting the OPPS

setpoint to be established such that the

vessel pressure would not exceed 110

percent of the limit defined by the P-T

limit curves would provide an adequate

margin of safety against brittle failure of

the reactor vessel. This is also consistent

with the determination that the staff has

reached for other licensees under

similar conditions based on the same

considerations. Therefore, requesting

the exemption under the special

circumstances of 10 CFR 50.12(a)(2)(ii)

was found to be appropriate. The staff

also agrees that limiting the potential for

inadvertent OPPS actuation (and

limiting the potential for reactor coolant

pump seal damage) may improve plant

safety.

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 and

Appendix G to allow NSP to apply the

methods in ASME Code Case N–514 for

the determination of the Prairie Island

Nuclear Generating Plant Units 1 and 2

pressure setpoints.

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 (63 FR 23477).

This exemption is effective upon

issuance.

Dated at Rockville, Maryland, this 30th day

of April 1998.

For the Nuclear Regulatory Commission.

Samuel J. Collins,

Director, Office of Nuclear Reactor

Regulation.

[FR Doc. 98–12183 Filed 5–6–98; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

[Docket No. 50–259; License No. DPR–33]

Tennessee Valley Authority; Receipt of

Petition for Director’s Decision Under

10 CFR 2.206

Notice is hereby given that by petition

dated April 5, 1998, the Union of

Concerned Scientists, (or Petitioner),

has requested that the U.S. Nuclear

Regulatory Commission (NRC) take

action with regard to Browns Ferry

Nuclear Plant, Unit No. 1. Petitioner

requests (1) that the operating license

for Browns Ferry Unit 1 be revoked and

(2) that the NRC require the Tennessee

Valley Authority (TVA) to submit either

a decommissioning plan or a lay-up

plan for Browns Ferry Unit 1. Petitioner

further requests a hearing on this

petition to present new information on

Browns Ferry Unit 1 that would include

a discussion of the licensing basis

reconstitution that would be required to

support restart, and certain financial

aspects that might be a consideration for

the TVA’s decision for retaining the

Browns Ferry Unit 1 operating license.

As the basis for this request, the

Petitioner asserts that revocation of the

operating license and requiring

relicensing if TVA later decides to

restart Unit 1 is a better, safer process

than is the current Inspection Manual

Chapter 0350 restart process. Further,

the petition asserts that requiring a

decommissioning plan would provide

assurance that the irradiated fuel is

stored safely and that Units 2 and 3 are

sufficiently independent of Unit 1 for

safe operation.

The petition is being treated pursuant

to 10 CFR 2.206 of the Commission’s

regulations and has been referred to the

Director of the Office of Nuclear Reactor

Regulation. As provided by Section

2.206, appropriate action will be taken

on this petition within a reasonable

time.

By letter dated April 29, 1998, the

Director acknowledged receipt of the

petition and denied Petitioner’s request

for a public hearing to present new

information.

A copy of the petition is available for

inspection at the Commission’s Public

Document Room at 2120 L Street, NW.,

Washington, D.C. 20555.

Dated at Rockville, Maryland, this 29th day

of April 1998.

For the Nuclear Regulatory Commission.

Samuel J. Collins,

Director, Office of Nuclear Reactor

Regulation.

[FR Doc. 98–12178 Filed 5–6–98; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

[Docket No. 50–390]

Tennessee Valley Authority; 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–

90, issued to the Tennessee Valley

Authority (TVA or the licensee) for

operation of the Watts Bar Nuclear Plant

(WBN), Unit 1 located in Rhea County,

Tennessee.

WBN currently has two containment

hydrogen ignitors that are inoperable

due to an apparent fault in the common

circuit supplying these ignitors. This

condition renders Train A of the WBN