[Federal Register Volume 61, Number 91 (Thursday, May 9, 1996)]
[Notices]
[Pages 21212-21214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11603]



-----------------------------------------------------------------------

[[Page 21213]]


NUCLEAR REGULATORY COMMISSION
[Docket No. 50-440]


The Cleveland Electric Illuminating Company, et al.; 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-58 issued to The Cleveland Electric Illuminating Company, et al. 
(the licensee), for operation of the Perry Nuclear Power Plant, Unit 
No. 1 located in Lake County, Ohio.
    The proposed amendment would correct minor technical and 
administrative errors in the Improved Technical Specifications (ITS) 
prior to ITS implementation.
    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 issue of no significant hazards consideration, which is presented 
below:

    1. The proposed changes do not involve a significant increase in 
the probability or consequences of an accident previously evaluated.
    Eight of the proposed changes are administrative in nature and 
either correct errors or incorporate into the improved Technical 
Specifications a change which was approved by the NRC under 
Amendment 70 for the current Technical Specifications. Changing the 
classification of the Backup Hydrogen Purge System isolation valves 
from drywell isolation valves to primary containment isolation 
valves results in the same actions being taken in the event one of 
these valves is declared inoperable. However, the Completion Times 
are more restrictive for inoperable primary containment isolation 
valves than for inoperable drywell isolation valves. The proposed 
changes to the diesel generator fuel oil day tank minimum volumes 
provide more stringent requirements for operation of the facility to 
increase the reliability of the diesel generator fuel oil transfer 
pump operation. The more stringent requirements continue to ensure 
that the safety analysis and licensing basis are maintained. The 
proposed change to Specification 5.7.3 clarifies continuously 
guarding a high radiation area is an option, not a requirement. The 
proposed changes have been reviewed and determined to have no affect 
on accident conditions or assumptions.
    Based on the above, the proposed changes do not significantly 
increase the probability or consequences of any accident previously 
evaluated.
    2. The proposed changes do not create the possibility of a new 
or different kind of accident from any accident previously 
evaluated.
    As stated above eight of the proposed changes are administrative 
in nature and do not increase the possibility of any new or 
different kind of accident. Changing the classification of the 
Backup Hydrogen Purge System isolation valves from drywell isolation 
valves to primary containment isolation valves results in the same 
actions being taken in the event one of these valves is declared 
inoperable. However, the Completion Times are more restrictive for 
inoperable primary containment isolation valves than for inoperable 
drywell isolation valves. The proposed changes to the diesel 
generator fuel oil day tank minimum volumes do not involve 
installation of new or different equipment nor do they change the 
methods governing normal plant operations. These changes are also 
consistent with assumptions made in the safety analysis and 
licensing basis. Clarifying the controls of high radiation areas 
will not impact existing or introduce any new accident precursors. 
The proposed changes do not create the possibility of a new or 
different kind of accident since they do not affect the reactor 
coolant pressure boundary or reactivity controls. Consequently, no 
new failure modes are introduced as a result of the proposed 
changes.
    Therefore, the proposed changes do not create the possibility of 
a new or different kind of accident from any previously evaluated.
    3. The proposed changes do not involve a significant reduction 
in a margin of safety.
    The margin of safety is unchanged because the proposed 
administrative changes do not affect any design basis or accident 
assumptions. Changing the classification of the Backup Hydrogen 
Purge System isolation valves from drywell isolation valves to 
primary containment isolation valves results in the same actions 
being taken in the event one of these valves is declared inoperable. 
However, the Completion Times are more restrictive for inoperable 
primary containment isolation valves than for inoperable drywell 
isolation valves. The imposition of more restrictive requirements 
for the diesel generator fuel oil day tank minimum volumes results 
from the implementation of the Bases for the Technical Specification 
Surveillance Requirement. Clarifying the controls of high radiation 
areas is consistent with ALARA practices.
    Therefore, the proposed changes do 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 preventing startup 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 June 10, 1996, 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

[[Page 21214]]

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 Perry Public Library, 3753 Main Street, 
Perry, Ohio. 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 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 Gail H. Marcus: 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 Jay E. Silberg, 
Shaw, Pittman, Potts & Trowbridge, 2300 N Street, NW., Washington, DC 
20037, 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 26, 1996, 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 Perry Public Library, 3753 Main Street, 
Perry, Ohio.

    Dated at Rockville, Maryland, this 3rd day of May 1996.

    For the Nuclear Regulatory Commission.
Jon B. Hopkins, Sr.,
Project Manager, Project Directorate III-3, Division of Reactor 
Projects--III/IV, Office of Nuclear Reactor Regulation.
[FR Doc. 96-11603 Filed 5-8-96; 8:45 am]
BILLING CODE 7590-01-P