[Federal Register Volume 60, Number 33 (Friday, February 17, 1995)]
[Notices]
[Pages 9412-9414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4169]



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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-461]


Illinois 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 an amendment to Facility Operating License No. 
NPF-62, issued to the Illinois Power Company (the licensee) for 
operation of the Clinton Power Station, Unit 1, located in DeWitt 
County, Illinois.
    The proposed amendment would modify Technical Specifications (TSs) 
3.8.2, ``AC Sources-Shutdown;'' 3.8.5, ``DC Sources-Shutdown;'' and 
3.8.8, ``Inverters-Shutdown.'' The proposed changes revise the 
operability requirements for the Division 3 diesel generator and the 
Division 3 and 4 batteries, battery chargers, and inverters to apply 
only when the high pressure core spray system is required to be 
OPERABLE.
    The onsite Class 1E safety-related power systems at the Clinton 
Power Station include AC, DC and uninterruptible AC bus power systems. 
The Class 1E AC power system supplies power to the unit Class 1E loads 
and consists of 4160-V switchgear, 480-V unit substations, and 480-V 
motor control centers (some of which include 480-120/208-V transformers 
and distribution panels). The system includes diesel generators that 
serve as standby power sources, independent of any other onsite or 
offsite source. The onsite system is divided into three divisions, each 
with its own independent distribution network, diesel generator (DG), 
and redundant load group. Each division is capable of being supplied by 
one onsite (DG) and two offsite sources of electrical power for serving 
the unit Class 1E AC loads.
    The Class 1E DC power system supplies 125 VDC power to unit Class 
1E loads. The primary sources are battery chargers. The system includes 
batteries, battery chargers, motor control centers, and DC distribution 
panels. The system is divided into four divisions, each with its own 
independent distribution network, battery, battery charger and 
redundant load group.
    The Class 1E uninterruptible AC bus power system supplies 120 VAC 
power to the nuclear system protection system (NSPS) and miscellaneous 
Class 1E loads. The system is also divided into four divisions and 
includes uninterruptible power supplies and buses. The uninterruptible 
AC bus power supply system is designed to provide adequate 
uninterruptible power to all the NSPS loads during all modes of 
operation including abnormal and accident conditions. Loads include 
NSPS logic power, neutron monitoring, process radiation monitoring, 
portions of the leak detection system, reactor water cleanup and 
residual heat removal system sample line valves, and scram discharge 
volume controls and indication. The Division 4 Class 1E power system 
components, which require AC power to operate are supplied by the 
Division 2 Class 1E AC power system.
    Since safety-related loads supplied power by electrical power 
distribution subsystems that are ``fail-safe'' or otherwise do not need 
an electrical power source to perform their intended safety functions, 
Illinois Power believes that the technical specification requirements 
are overly restrictive as related to Division 3 and 4, and place 
unnecessary constraints on when certain work can be performed or when 
certain systems can be removed from service relative to an optimal 
refueling outage work schedule. The applicable loads are primarily 
supplied by the Division 3 and 4 electrical power systems. Thus, 
Illinois Power is requesting a relaxation from the technical 
specification requirements associated with Division 3 and 4 electrical 
power system requirements that are applicable during plant shutdown 
conditions.
    The need for the technical specification change was recently 
identified during outage planning in preparation for the fifth 
refueling outage, scheduled to begin March 12, 1995, at the Clinton 
Power Station. The change significantly affects ``critical path'' work 
activities during the outage and will prevent unnecessary delays in 
plant startup. Any unnecessary delays would result in a significant 
financial impact on the utility.
    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 issues of no significant hazards consideration, which is presented 
below:

    (1) The proposed changes do not involve a change to plant design 
and are limited to requirements for operability of electrical power 
sources when the plant is not operating in MODES 1, 2, or 3. The 
proposed changes will still ensure that sufficient electrical power 
is required to be operable to mitigate the consequences of 
postulated accidents. As described previously, and except for the 
source range monitors (SRMs), the reduced redundancy of electrical 
power sources to non-high pressure core spray (HPCS) system loads is 
not safety significant due to the fail-safe nature of those loads. 
With respect to the SRMs, the SRMs are not assumed to function to 
mitigate any design basis accidents or transients. The SRMs provide 
monitoring during plant startup and refueling operations. In 
addition, there are no accidents postulated to occur as a result of 
a malfunction of electrical power sources with the plant shut down. 
As a result, the proposed changes will not result in an increase in 
the probability or consequence of any accident previously evaluated.
    (2) The proposed changes do not involve a change to plant design 
and are limited to requirements for operability of electrical power 
sources when the plant is not operating in MODES 1, 2, or 3. In 
addition, there are no accidents postulated to occur as a result of 
a malfunction of electrical power [[Page 9413]] sources with the 
plant shut down. As discussed above, the components which receive 
power from the Division 3 and 4 electrical power distribution 
subsystems do not require electrical power to perform their safety 
functions when the HPCS System is not required to be operable for 
compliance with Limiting Condition for Operation (LCO) 3.5.2, 
``ECCS-Shutdown.'' As a result, the proposed changes cannot create 
the possibility of a new or different kind of accident from any 
accident previously evaluated.
    (3) As described in the Bases for LCO 3.8.2, ``AC Sources-
Shutdown,'' the technical specification requirements ensure that the 
unit has the capability to mitigate the consequences of postulated 
accidents. However, as also described in those Bases, a single 
failure and a concurrent loss of all offsite power or loss of all 
onsite power is not required to be assumed. The proposed changes 
only affect the requirements for electrical power sources when the 
plant is operating outside MODES 1, 2, and 3 and only affect the 
requirements for the electrical power sources for Divisions 3 and 4. 
Except when the HPCS System is operable for compliance with LCO 
3.5.2, the requirements for the Division 1 and 2 electrical power 
sources are adequate to mitigate postulated accidents, assuming a 
single failure or loss of offsite or onsite power. The proposed 
changes will ensure that both Division 3 and 4 inverters, batteries, 
battery chargers, and a second qualified offsite circuit or the 
Division 3 diesel generator is operable when the HPCS System is 
required operable for compliance with LCO 3.5.2. As a result, the 
proposed changes do not result in 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 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 Rules Review and 
Directives Branch, Division of Freedom of Information and Publications 
Services, Office of Administration, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555, and should cite the publication date and page 
number of this Federal Register notice. Written comments may also be 
delivered to Room 6D22, 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 March 20, 1995, 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 Vespasian Warner Public Library, 120 West 
Johnson Street, Clinton, Illinois 61727. 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 [[Page 9414]] 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, 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 Leif Norrholm, Director, Project Directorate III-
3: 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, and to Leah Manning Stetzner, Vice President, 
General Counsel, and Corporate Secretary, 500 South 27th Street, 
Decatur, Illinois 62525, 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 February 14, 1995, 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 Vespasian Warner Public Library, 
120 West Johnson Street, Clinton, Illinois 61727.

    Dated at Rockville, Maryland, this 15th day of February 1995.

    For the Nuclear Regulatory Commission.
Douglas V. Pickett,
Project Manager, Project Directorate III-3, Division of Reactor 
Projects--III/IV, Office of Nuclear Reactor Regulation.
[FR Doc. 95-4169 Filed 2-16-95; 8:45 am]
BILLING CODE 7590-01-M