[Federal Register Volume 60, Number 77 (Friday, April 21, 1995)]
[Notices]
[Pages 19969-19971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9894]



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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-309]


Maine Yankee Atomic 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. 
DPR-36 issued to Maine Yankee Atomic Power Company (the licensee) for 
operation of the Maine Yankee Atomic Power Station located in Lincoln 
County, Maine.
    The proposed amendment would revise the Technical Specifications to 
allow the use of the Westinghouse Electric Corporation sleeving process 
for repairing steam generator tubes.
    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. [[Page 19970]] 
    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 issue of no significant hazards consideration. The NRC staff has 
reviewed the licensee's analysis against the standards of 10 CFR 
50.92(c). The staff's review is presented below:
    1. The proposed amendment would not involve a significant increase 
in the probability or consequences of an accident previously evaluated. 
With the sleeve dimensions, materials, and connecting joints to the 
existing tube designed to the applicable ASME Boiler and Pressure 
Vessel Code, the proposed sleeving repair acts as an in-kind 
substitution for the original steam generator tubing. The applicable 
design criteria for the sleeves conform to the stress limits and 
margins of Section III of the ASME Code. Safety factors of 3 for normal 
operation and 1.5 for accident conditions were applied to the design. 
Mechanical testing using the ASME Code stress allowables has been 
performed in support of the design. Based on the results of vendor 
analytical and test programs, the sleeves fulfill their intended 
function as leak tight structural members and meet or exceed all design 
criteria.
    Evaluation of the proposed sleeved tubes indicates no detrimental 
effects on the sleeve or sleeve-tube assembly from reactor system flow, 
thermal conditions or transients, or pressure conditions or transients 
as may be experienced at the Maine Yankee plant. Field experience and 
corrosion testing of sleeve-tube assemblies indicate acceptable primary 
and secondary corrosion performance of the sleeve and parent tube under 
anticipated service conditions. Installation of the proposed sleeves 
(joined at the top by laser welding, and at the bottom by mechanical 
means) is controlled via the sleeving vendor's proprietary process and 
equipment. This process has been in use since 1989 for the installation 
of approximately 12,000 laser welded sleeves. The Maine Yankee steam 
generator design was reviewed and found to be compatible with the 
installation process and equipment. Installation of the proposed 
sleeves will have no significant effect on either plant configuration 
or operation.
    The licensee therefore concludes that implementation of the 
proposed change will not involve a significant increase in the 
probability or consequences of an accident previously evaluated.
    2. The proposed amendment would not create the possibility of a new 
or different kind of accident from any accident previously evaluated. 
As discussed above, the structural integrity, thermal characteristics, 
and material properties of the proposed sleeves are consistent with 
Maine Yankee's steam generators. Therefore, the functions of the steam 
generators will not be significantly affected by installation of the 
proposed sleeves. In addition, the proposed sleeves do not interact 
with any other plant systems. Finally, the continued integrity of 
installed sleeves is periodically verified by steam generator 
inspections required by plant Technical Specifications. The licensee 
therefore concludes that implementation of the proposed change will not 
create a new or different kind of accident from any accident previously 
evaluated.
    3. The proposed amendment would not involve a significant reduction 
in a margin of safety.
    Repair of degraded steam generator tubes via the use of the 
proposed sleeves has been confirmed to restore the structural integrity 
of faulted tubes under normal operating and postulated accident 
conditions. The design safety factors used for the sleeves are 
consistent with ASME Code safety factors required in the design of 
Maine Yankee's steam generators. The repair limit for the proposed 
sleeves is consistent with that established for Maine Yankee's steam 
generators. The design of the sleeve-to-tube joint has been verified by 
testing to preclude significant leakage during normal and postulated 
accident conditions. Use of the previously identified design safety 
factors and design verification testing assures that margin to safety 
with respect to installation of the proposed sleeves is not 
significantly different from the original steam generator tubes.
    The licensee therefore concludes that implementation of the 
proposed change would not involve a significant 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 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 May 22, 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 
[[Page 19971]] Building, 2120 L Street, NW., Washington, DC, and at the 
local public document room located at the Wiscasset Public Library, 
High Street, P.O. Box 367, Wiscasset, ME 04578. 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 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 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 Phillip F. McKee: 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 Mary Ann Lynch, 
Esquire, Maine Yankee Atomic Power Company, 329 Bath Road, Brunswick, 
ME 04011, 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 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 Wiscasset Public Library, High Street, 
P.O. Box 367, Wiscasset, ME 04578.

    Dated at Rockville, Maryland, this 17th day of April 1995.

    For the Nuclear Regulatory Commission.
Edouard H. Trottier,
Project Manager, Project Directorate I-3, Division of Reactor 
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 95-9894 Filed 4-20-95; 8:45 am]
BILLING CODE 7590-01-M