29254 Federal Register / Vol. 63, No. 102 /Thursday, May 28, 1998 / Notices

Regulatory Guide DG–3008 provides

guidance on an acceptable nuclear

criticality safety training program. The

information in the applications, reports

and records is used by NRC to make

licensing and other regulatory

determinations concerning the use of

special nuclear material. The revised

estimate of burden reflects the addition

of requirements for documentation for

termination or transfer of licensed

activities.

A copy of the final supporting

statement may be viewed free of charge

at the NRC Public Document Room,

2120 L Street, NW (lower level),

Washington, DC. OMB clearance

requests are available at the NRC

worldwide web site (http://

www.nrc.gov) under the FedWorld

collection link on the home page tool

bar. The document will be available on

the NRC home page site for 60 days after

the signature date of this notice.

Comments and questions should be

directed to the OMB reviewer by June

29, 1998. Erik Godwin, Office of

Information and Regulatory Affairs

(3150–0009), NEOB–10202, Office of

Management and Budget, Washington,

DC 20503.

Comments can also be submitted by

telephone at (202) 395–3084.

The NRC Clearance Officer is Brenda

Jo. Shelton, 301–415–7233.

Dated at Rockville, Maryland, this 20th day

of May 1998.

For the Nuclear Regulatory Commission.

Brenda Jo. Shelton,

NRC Clearance Officer, Office of the Chief

Information Officer.

[FR Doc. 98–14101 Filed 5–27–98; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

[Docket No. 50–341]

Detroit Edison 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 an amendment

to Facility Operating License No. NPF–

43, issued to Detroit Edison Company

(the licensee), for operation of the Fermi

2 Plant located in Newport, Michigan.

The proposed amendment would

modify the scram discharge volume

(SDV) vent and drain valve action

requirements to be consistent with those

contained in NUREG–1433, Revision 1,

‘‘Standard Technical Specifications

General Electric Plants, BWR/4.’’

Technical Specification (TS) Limiting

Condition for Operation 3.1.3.1, Action

d., currently specifies that ‘‘With one

scram discharge volume vent valve and/

or one scram discharge volume drain

valve inoperable and open, restore the

inoperable valve(s) to OPERABLE status

within 24 hours or be in at least HOT

SHUTDOWN within the next 12 hours.’’

TS 3.1.3.1, Action e., currently specifies

that ‘‘With any scram discharge volume

vent valve(s) and/or any scram

discharge volume drain valve(s)

otherwise inoperable, restore the

inoperable valve(s) to OPERABLE status

within 8 hours or be in at least HOT

SHUTDOWN within the next 12 hours.’’

The licensee proposes to revise TS

3.1.3.1, Action d. making it applicable

to valves inoperable for any reason, and

to increase the time allowed for

restoring a SDV vent or drain line with

one valve inoperable from the current

24 hours to 7 days. This proposed

change would also allow separate entry

into the action for each affected drain

and vent line. TS 3.1.3.1, Action e.

would be revised to allow continued

operation with both valves in one or

more SDV vent or drain lines

inoperable, provided the lines are

isolated within 8 hours, and each valve

is restored to operable status within 7

days of its respective inoperability. A

footnote would be added to TS 3.1.3.1,

Action e. that would allow the SDV line

to be unisolated under administrative

control for the purpose of venting and

draining the SDV. As with the proposed

change to Action d., the proposed

change to Action e., would allow

separate entry into the action for each

SDV vent or drain line.

Detroit Edison is requesting that this

license amendment request be

processed in an exigent manner in

accordance with 10 CFR 50.91(a)(6)

because delay in granting this

amendment could lead to a plant

shutdown. The plant is currently

operating at 96% power with the SDV

vent and drain valves open for normal

operation. One of the SDV isolation

valves, although currently operable in

accordance with TS, has recently shown

signs of stoke time performance

degradation. The licensee has observed

an increase in the stoke time over

several weeks for C1100F0010, one of

the SDV vent valves, during testing of

the valve in accordance with

Surveillance Requirement 4.1.3.1.4.a.1

and the Inservice Testing Program.

Increased frequency testing

(approximately every 7 days) has been

initiated in order to establish a trend in

the rate of degradation. However, the

licensee has indicated that no clear

trend can be established. Fermi 2

management has determined that it is

prudent to repair the actuator for the

valve before degradation causes the

valve to exceed its testing performance

criteria limits. In order to perform this

repair, the vent line will be isolated,

which will place the plant in the TS

3.1.3.1, Action e., 8 hour allowed outage

time. The licensee believes that the

actuator repair cannot be accomplished

within the 8-hour limit.

The licensee was unable to make a

more timely application because it only

recently concluded that the valve might

fail testing at any time and that rework

in the near future would be prudent.

The licensee evaluated the time

required to rework the valve and

estimated that the work would take 11

hours unless unforeseen problems are

encountered. Because the time required

for the work exceeds the time allowed

by the action statement, the licensee

decided to request an amendment to

change the action statement using the

improved standard technical

specifications as a guide. The licensee

submitted the amendment request

within a few days of the time it decided

to make the request.

The staff has determined that the

licensee used its best efforts to make a

timely application for the proposed

changes and that exigent circumstances

do exist and were not the result of any

intentional delay on the part of the

licensee.

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.

Pursuant to 10 CFR 50.91(a)(6) for

amendments to be granted under

exigent circumstances, the NRC staff

must determine 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. The change does not involve a

significant increase in the probability or
Federal Register / Vol. 63, No. 102 /Thursday, May 28, 1998 / Notices 29255

consequences of an accident previously

evaluated.

The proposed change will:

(a) allow operation with one valve in

each SDV vent or drain line to be

inoperable for any reason for a period of

7 days. The SDV vent and drain valves

are not considered to be an initiator for

any previously analyzed accident.

Therefore, this change does not involve

a significant increase in the probability

of any accident previously evaluated.

Redundant OPERABLE isolation valves

are installed in the vent and drain lines

so that isolation capability is

maintained for the short period the

inoperable valve may not be capable of

performing its function. The ability of

the SDV vent and drain valves to limit

the amount of water discharged during

scram so that adequate core cooling and

offsite doses remain within 10 CFR 100

limits is maintained. Therefore, this

change does not involve a significant

increase in the consequences of an

accident previously evaluated.

(b) allow continued operation with

one or more SDV vent or drain lines

with both valves inoperable provided

the line(s) are isolated within 8 hours,

and each valve is restored to OPERABLE

status within 7 days of its respective

inoperability. It also allows the line(s) to

be unisolated under administrative

controls to vent or drain the affected

SDV. The SDV vent and drain valves are

not considered to be an initiator for any

previously analyzed accident and,

therefore, these changes do not involve

a significant increase in the probability

of any previously evaluated accident.

With the vent or drain lines isolated, the

accident containment isolation function

is maintained. The administrative

control provision allows the lines to be

unisolated to preclude an unnecessary

reactor trip on high SDV level and to

ensure sufficient volume is available to

accept the reactor coolant discharged

during a scram. The administrative

controls also provide for prompt action

to isolate the line(s), if necessary,

should a scram occur while the valve is

open. Because the intended function is

maintained, these changes do not

involve a significant increase in the

consequences of an accident previously

evaluated.

2. The change does not create the

possibility of a new or different kind of

accident from any accident previously

evaluated.

The proposed changes do not involve

any physical modifications to the plant

systems, structures, or components.

Therefore, the proposed changes do not

create the possibility of a new or

different kind of accident from any

accident previously evaluated.

3. The change does not involve a

significant reduction in the margin of

safety.

The proposed changes:

(a) allow operation with one valve in

each SDV vent or drain line to be

inoperable for any reason for a period of

7 days. The automatic scram on high

SDV level (TS 3.3.1, Table 3.3.1–1,

Functional Unit 8) ensures the SDV

does not fill beyond the capacity needed

to assure a complete scram. The primary

containment isolation function can be

maintained by the redundant valve in

each of these lines. Also, allowing the

SDV to have an inoperable valve in the

drain or vent line and not meet single

failure considerations is acceptable

because it is limited to 7 days. This

length of time has been found to be

acceptable because of the redundancy

and low probability of a scram occurring

while the valve(s) are inoperable.

Therefore, the proposed change does not

involve a significant reduction in the

margin of safety.

(b) allow continued operation with

SDV vent or drain lines with both valves

inoperable if the affected line(s) is

isolated within 8 hours, and each valve

is restored to OPERABLE status within

7 days of its respective inoperability.

With the line(s) isolated the primary

containment isolation function is

maintained. The provision that permits

the line(s) to be unisolated under

administrative control ensures that an

unnecessary reactor scram on SDV high

level will not occur. The provision also

ensures the line(s) that are unisolated

under administrative controls can be

promptly isolated. These provisions

ensure that sufficient SDV volume is

maintained to assure a complete reactor

scram and that primary containment

integrity is maintained. Therefore, the

proposed change does not involve a

significant reduction in the 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

by close of business within 14 days after

the date of publication of this notice

will be considered in making any final

determination. The licensee requested

issuance of the amendment by May 26,

1998. Issuance of the amendment on

this date would not have allowed any

time for public comments on the

amendment request. However, the NRC

staff has determined that it would be

appropriate to allow more time for

public review of and comment on the

amendment request.

Normally, the Commission will not

issue the amendment until the

expiration of the 14-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

14-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. 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.

Copies of written comments received

may be examined at the NRC Public

Document Room, the Gelman Building,

2120 L Street, NW., Washington, DC.

The filing of requests for hearing and

petitions for leave to intervene is

discussed below.

By June 29, 1998 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 Monroe

County Library System, Ellis Reference

and Information Center, 3700 South

Custer Road, Monroe, Michigan 48161.
29256 Federal Register / Vol. 63, No. 102 /Thursday, May 28, 1998 / Notices

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.

If the amendment is issued before the

expiration of the 30-day hearing period,

the Commission will make a final

determination on the issue of no

significant hazards consideration. If a

hearing is requested, 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, the Gelman

Building, 2120 L Street, NW.,

Washington, DC, 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

John Flynn, Esq., Detroit Edison

Company, 2000 Second Avenue, Detroit,

Michigan 48226, 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 May 20, 1998, 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

Monroe County Library System, Ellis

Reference and Information Center, 3700

South Custer Road, Monroe, Michigan

48161.

Dated at Rockville, Maryland, this 22nd

day of May 1998.

For the Nuclear Regulatory Commission.

Andrew J. Kugler,

Project Manager, Project Directorate III–1,

Division of Reactor Projects—III/IV, Office of

Nuclear Reactor Regulation.

[FR Doc. 98–14146 Filed 5–27–98; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

[Docket No. 50–341]

Detroit Edison Company; FERMI 2

Environmental Assessment and

Finding of No Significant Impact

The U.S. Nuclear Regulatory

Commission (the Commission) is

considering issuance of an exemption

from certain requirements of its

regulations to Facility Operating License

No. NPF–43, issued to Detroit Edison

Company (the licensee), for operation of

the Fermi 2 plant, located in Monroe

County, Michigan.

Environmental Assessment

Identification of the Proposed Action

The proposed action would exempt

the licensee, in certain cases, from the

requirements of 10 CFR 70.24(a), which,

in part, requires a monitoring system in

each area in which special nuclear

material is handled, used, or stored, that

will energize clear audible alarms if

accidental criticality occurs.

The proposed action is in accordance

with the licensee’s application for

exemption dated April 27, 1998.

The Need for the Proposed Action

The purpose of 10 CFR 70.24 is to

ensure that if a criticality were to occur

during the handling of special nuclear

material, personnel would be alerted to

that fact and would take appropriate

action. At a commercial nuclear power

plant, the inadvertent criticality with

which 10 CFR 70.24 is concerned could

occur during fuel handling operations.

The special nuclear material that could

be assembled into a critical mass at a

commercial nuclear power plant is in

the form of nuclear fuel; the quantity of

other forms of special nuclear material

that is stored onsite in any given

location (e.g., calibration sources or in-