[Federal Register Volume 60, Number 69 (Tuesday, April 11, 1995)]
[Notices]
[Pages 18431-18432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8846]



[[Page 18431]]

NUCLEAR REGULATORY COMMISSION

[Docket No. 50-382]


Entergy Operations Inc.; 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. 
NFP-38, issued to Entergy Operations Inc. (the licensee), for operation 
of the Waterford Steam Electric Station, Unit 3, located in St. Charles 
Parish, Louisiana.
    The proposed amendment would remove a footnote tied to MODE 1 of 
Technical Specification (TS) Limiting Condition for Operation 3.1.1.3, 
moderator temperature coefficient (MTC). The deleted footnote was only 
valid for Cycle 2 and its removal is purely administrative. A new 
footnote is added to surveillance 4.1.1.3.2.c that proposes a one time 
deviation not to perform the specified two-thirds end-of-cycle (EOC) 
MTC test for Cycle 7. TS 3.1.1.3 requires that the most negative MTC 
value for this cycle to be less negative than the Core Operating Limits 
Report (COLR) specified a value of -3.3 x 10<SUP>-4 delta k/k deg.F. 
Waterford 3 has determined that the most negative MTC value for the 
current cycle is -2.88 x 10<SUP>-4 delta k/k deg.F. The MTC for 
Waterford 3 Cycle 7 has been determined to be well within the TS limit 
including applicable 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.
    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:

    Waterford 3 is currently analyzed for a EOC limiting value of 
-3.3 x 10<SUP>-4 delta k/k/ deg.F. Under the proposed change, 
compliance with this TS Limit is assured by supporting data and 
analysis. The analysis demonstrates that the predicted EOC 7 best 
estimate MTC value is -2.88 x 10<SUP>-4 delta k/k/ deg.F. This is a 
conservative value because it includes a 26 EFPD extension beyond 
the actual end of full power reactivity. The margin to the TS limit 
is thus 0.42 x 10<SUP>-4 delta k/k deg.F.
    The probability and consequences of an accident previously 
evaluated will not be increased because this change does not modify 
any assumptions used in the input to the safety analyses. The 
current safety calculations will remain valid because the allowed 
range of MTC values will not change. Therefore, the proposed change 
will not involve any increase in the probability or consequences of 
any accident previously evaluated.
    Plant operation and plant parameter TS limits will remain 
unchanged. There are no new changes in plant design nor are any new 
failure modes introduced. Therefore, the proposed change will not 
create the possibility of a new or different kind of accident from 
any accident previously evaluated.
    Margin of safety will not be reduced because the range of 
allowed temperature coefficients will not be changed. The 
surveillance program consisting of beginning-of-cycle measurements 
was not affected. Explicit End-of-Cycle 7 MTC predictions have 
ensured that the MTC is and will remain within the range of 
specified values. Therefore, the proposed change will not involve 
any reduction in a 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 15 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 15-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 15-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 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, 11455 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 May 11, 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 University of New Orleans Library, 
Louisiana Collection, Lakefront, New Orleans, LA 70122. 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 
[[Page 18432]] 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 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, 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 D. Beckner: 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 N. S. 
Reynolds, Esq., Winston & Strawn, 1400 L Street, NW., Washington DC 
20005-3502, 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 April 4, 1995, as supplemented by 
letter dated April 5, 1995, 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 University of New Orleans Library, Louisiana Collection, 
Lakefront, New Orleans, LA 70122.

    Dated at Rockville, Maryland, this 6th day of April 1995.

Chandu P. Patel,
Project Manager, Project Directorate IV-1, Division of Reactor 
Projects--III/IV, Office of Nuclear Reactor Regulation.
[FR Doc. 95-8846 Filed 4-10-95; 8:45 am]
BILLING CODE 7590-01-M