[Federal Register Volume 64, Number 202 (Wednesday, October 20, 1999)]
[Notices]
[Pages 56518-56522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27364]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-410]


Niagara Mohawk Power Corporation; Notice of Consideration of 
Issuance of Amendment to Facility Operating License and Opportunity for 
a Hearing

    The U.S. Nuclear Regulatory Commission (the Commission or NRC)

[[Page 56519]]

is considering issuance of an amendment to Facility Operating License 
No. NPF-69, issued to the Niagara Mohawk Power Corporation (NMPC or the 
licensee), for operation of the Nine Mile Point Nuclear Station, Unit 
No. 2 (NMP2), located in Oswego County, New York.
    The proposed amendment, requested by the licensee in a letter dated 
October 16, 1998, was supplemented by letters dated December 30, 1998, 
May 10, June 15, July 30, August 2, 11, 16, 19, 27, September 10, and 
30, 1999. The application requests a full conversion from the current 
Technical Specifications (CTS) to a set of improved Technical 
Specifications (ITS) based on NUREG-1433 and NUREG-1434, ``Standard 
Technical Specifications (STS) for General Electric Plants, BWR/4 and 
BWR/6,'' Revision 1, dated April 1995. NUREG-1433 and NUREG-1434 have 
been developed by the Commission's staff through working groups 
composed of both NRC staff members and industry representatives, and 
have been endorsed by the NRC staff as part of an industry-wide 
initiative to standardize and improve the Technical Specifications (TS) 
for nuclear power plants. As part of this submittal, the licensee has 
applied the criteria contained in the Commission's ``Final Policy 
Statement on Technical Specification Improvements for Nuclear Power 
Reactors (Final Policy Statement),'' published in the Federal Register 
on July 22, 1993 (58 FR 39132), to the CTS, and, using NUREG-1433 and 
NUREG-1434 as a basis, proposed an ITS for NMP2. The criteria in the 
Final Policy Statement were subsequently added to 10 CFR 50.36, 
``Technical Specifications,'' in a rule change that was published in 
the Federal Register on July 19, 1995 (60 FR 36953) and became 
effective on August 18, 1995.
    The licensee has categorized the proposed changes to the CTS into 
four general groupings. These groupings are characterized as 
administrative changes, relocated changes, more restrictive changes, 
and less restrictive changes.
    Administrative changes are those that involve restructuring, 
renumbering, rewording, interpretation and complex rearranging of 
requirements, and other changes not affecting technical content or 
substantially revising an operating requirement. The reformatting, 
renumbering and rewording process reflect the attributes of NUREG-1433 
and NUREG-1434 and does not involve technical changes to the existing 
TS. The proposed changes include (a) providing the appropriate numbers, 
etc., for NUREG-1433 and NUREG-1434 bracketed information (information 
that must be supplied on a plant-specific basis, and which may change 
from plant to plant), (b) identifying plant-specific wording for system 
names, etc., and (c) changing NUREG-1433 and NUREG-1434 section wording 
to conform to existing licensee practices. Such changes are 
administrative in nature and do not impact initiators of analyzed 
events or assumed mitigation of accident or transient events.
    Relocated changes are those involving relocation of requirements 
and surveillances for structures, systems, components, or variables 
that do not meet the criteria for inclusion in TS. Relocated changes 
are those current TS requirements that do not satisfy or fall within 
any of the four criteria specified in 10 CFR 50.36(c)(2)(ii) and may be 
relocated to appropriate licensee-controlled documents.
    The licensee's application of the screening criteria is described 
in Attachment 1 of the licensee's October 16, 1998, submittal, which is 
entitled, ``Application of Selection Criteria to NMP2 Technical 
Specifications'' (Split Report) in Volume 1 of the submittal. The 
affected structures, systems, components or variables are not assumed 
to be initiators of analyzed events and are not assumed to mitigate 
accident or transient events. The requirements and surveillances for 
these affected structures, systems, components, or variables will be 
relocated from the TS to administratively controlled documents such as 
the quality assurance program, the final safety analysis report (FSAR), 
the ITS BASES, the Technical Requirements Manual (TRM) that is 
incorporated by reference in the FSAR, the Core Operating Limits Report 
(COLR), the Offsite Dose Calculation Manual (ODCM), the Inservice 
Testing (IST) Program, or other licensee-controlled documents. Changes 
made to these documents will be made pursuant to 10 CFR 50.59 or other 
appropriate control mechanisms, and may be made without prior NRC 
review and approval. In addition, the affected structures, systems, 
components, or variables are addressed in existing surveillance 
procedures that are also subject to 10 CFR 50.59. These proposed 
changes will not impose or eliminate any requirements.
    More restrictive changes are those involving more stringent 
requirements compared to the CTS for operation of the facility. These 
more stringent requirements do not result in operation that will alter 
assumptions relative to the mitigation of an accident or transient 
event. The more restrictive requirements will not alter the operation 
of process variables, structures, systems, and components described in 
the safety analyses. For each requirement in the STS that is more 
restrictive than the CTS that the licensee proposes to adopt in the 
ITS, the licensee has provided an explanation as to why it has 
concluded that adopting the more restrictive requirement is desirable 
to ensure safe operation of the facility because of specific design 
features of the plant.
    Less restrictive changes are those where CTS requirements are 
relaxed or eliminated, or new plant operational flexibility is 
provided. The more significant ``less restrictive'' requirements are 
justified on a case-by-case basis. When requirements have been shown to 
provide little or no safety benefit, their removal from the TS may be 
appropriate. In most cases, relaxations previously granted to 
individual plants on a plant-specific basis were the result of (a) 
generic NRC actions, (b) new NRC staff positions that have evolved from 
technological advancements and operating experience, or (c) resolution 
of the Owners Groups' comments on the Improved Standard Technical 
Specifications (ISTS). Generic relaxations contained in NUREG-1433 and 
NUREG-1434 were reviewed by the NRC staff and found to be acceptable 
because they are consistent with current licensing practices and NRC 
regulations. The licensee's design is being reviewed to determine if 
the specific design bases and licensing bases are consistent with the 
technical bases for the model requirements in NUREG-1433 and NUREG-
1434, thus providing a basis for these revised TS, or if relaxation of 
the requirements in the CTS is warranted based on the justification 
provided by the licensee.
    These administrative, relocated, more restrictive, and less 
restrictive changes to the requirements of the CTS do not result in 
operations that will alter assumptions relative to mitigation of an 
analyzed accident or transient event.
    In addition to the proposed changes solely involving the 
conversion, there are also proposed changes that are different from the 
requirements in both the CTS and the STS (NUREG-1433 and NUREG-1434). 
These proposed beyond-scope issues to the ITS conversion are as 
follows:
    1. ITS 3.1.8, changing the Scram Discharge Volume Vent and Drain 
Valve ACTIONS to allow continued operation with one valve in a line 
inoperable by isolating the penetration within 7 days (ACTION A) and to 
allow continued operation with two valves in a line by isolating the 
penetration within 8 hours

[[Page 56520]]

(ACTION B). The ISTS requires the valves(s) to be restored to Operable 
status within 7 days.
    2. ITS 3.3.1.1, ITS 3.3.6.1, ITS 3.5.1, and ITS 3.5.2, adding a 
Note to the Reactor Protection System (RPS) (Functions 3 and 4) and 
Isolation (Main Steam Line Isolation Valve (MSIV) Functions) 
Instrumentation Specifications exempting the sensors from response time 
testing and a Note to the Emergency Core Cooling System (ECCS)--
Operating and--Shutdown Specifications exempting the instrumentation 
from response time testing.
    3. ITS 3.3.2.2, allowing the feedwater pump to be removed from 
service in lieu of shutting down the unit to < 25% Rated Thermal Power 
(RTP) when the feedwater and main turbine high water level channel is 
inoperable and untripped.
    4. ITS 3.3.3.1, ITS 3.3.3.2, ITS 3.3.8.2, ITS 3.3.8.3 and ITS 
3.4.7, adding a Note to allow 6 hours to do Surveillance testing of the 
Post Accident Monitoring, Remote Shutdown System, RPS logic bus 
Electrical Power Assemblies (EPAs), RPS scram solenoid bus EPAs and 
Leak Detection System, instrumentation channels prior to entering 
Actions.
    5. ITS 3.3.4.2, adding an allowance to only remove the associated 
(Anticipated Transient Without Scram ATWS)--recirculating pump trip 
(RPT) breaker (fast speed or slow speed, as applicable) from service, 
in lieu of removing the entire pump from service.
    6. ITS 3.3.5.1, ITS 3.3.8.1, ITS 3.3.8.2 and ITS 3.3.8.3, changing 
the Allowable Values for (a) the Low Pressure Cooling Injection (LPCI) 
and High Pressure Core Spray (HPCS) minimum flow valves 
instrumentation; (b) the HPCS suppression pool water level swap over 
instrumentation; (c) the Loss of Voltage and Degraded Voltage 
Functions, including time delays; (d) the Undervoltage, Overvoltage, 
and Underfrequency Functions for the RPS Logic Bus EPAs ; and (e) the 
Undervoltage, Overvoltage, and Underfrequency Functions for the RPS 
Scram Solonoid Bus EPAs.
    7. ITS 3.3.6.1, deleting the MODE 1 and 2 requirements for certain 
Shutdown Cooling Isolation Functions (residual heat removal (RHR) 
Equipment Area temperature, Reactor Building Pipe Chase Temperature, 
Reactor Building Temperature, and Reactor Vessel Water Level--Low, 
Level 3.)
    8. ITS 3.3.8.1 and ITS 3.3.5.1, deleting the Group 4 valves from 
isolation instrumentation requirements.
    9. ITS 3.3.8.1, changing the requirement to only requiring 2 
channels of degraded voltage and loss of voltage in lieu of three 
channels.
    10. ITS SR 3.4.1.1 requiring verification every 12 hours that 
operation is in the ``Unrestricted Zone'' of ITS Figure 3.4.1-1. This 
will ensure that entry into a region where potential instabilities can 
occur will not go undetected.
    11. ITS 3.4.1, changing from 2 hours to 8 hours the frequency for 
determining the Average Power Range Monitors (APRM) and Low Power Range 
Monitors (LPRM) baseline noise level the first time the unit is in the 
Restricted Zone.
    12. ITS 3.4.5, changing the frequency for monitoring the floor 
drain leakage rate from 8 hours to 12 hours, and changing the airborne 
radioactivity monitoring Surveillance to be every 8 hours.
    13. ITS 3.5.1, changing the current number of Automatic Depression 
System (ADS) valves required to operate from seven to six.
    14. ITS 3.5.1, modifying the current requirement of manually 
opening the ADS valves to only require the ADS actuators to be cycled.
    15. ITS 3.6.1.3, changing the current requirement that each excess 
flow check valve (EFCV) must ``check flow'' to requiring each EFCV to 
actuate to its isolation position on an actual or simulated instrument 
line break signal.
    16. ITS 3.6.1.3, changing the evolution to suspend the purging and 
venting Limited Condition Operation (LCO) Actions to within 1 hour, 
when Standby Gas Treatment (SGT) subsystem(s) are inoperable.
    17. ITS 3.6.1.6, ITS 3.6.2.3 and ITS 3.5.2.4, deleting the current 
requirements to verify position of ``automatic'' valves in the RHR 
Drywell Spray, RHR Suppression Cooling, and RHR Suppression Pool Spray 
Systems.
    18. ITS 3.6.1.6 and ITS 3.6.2.4, deleting the current requirement 
that drywell spray and suppression pool spray flows be through the heat 
exchanger.
    19. ITS 3.7.2 and ITS 3.7.3, allowing a 7-day restoration time when 
both Control Room Envelope Filtration (CREF) subsystems are inoperable 
and a 30-day restoration time when both control room envelope 
alternating current (AC) subsystems are inoperable, provided the 
remaining components of the CREF System or Control Room Envelope AC 
System maintains the CREF System or Control Room Envelope AC System 
safety function, as applicable.
    20. ITS 3.8.1, ITS 3.8.2, and ITS 3.8.3, changing AC Sources--
Operating, AC Sources--Shutdown and Diesel Fuel Oil, Lube Oil, and 
Starting Air Specifications to include: (a) More restrictive upper and 
lower voltage limits for various diesel generator (DG) Surveillances; 
(b) increasing the killowatt (KW) value for the single largest load 
surveillance requirement (SR) for the Division 3 DG; (c) relaxing the 
load range values for the 24-hour DG run to be consistent with 
Regulatory Guide (RG) 1.9 Reference 3 (ISTS Bases says 100% for 22 
hours and 110% for 2 hours is consistent with RG 1.9 Reference 3, but 
it isn't); (d) increasing the DG start time in the event of a Loss of 
Voltage signal from 13 seconds to 13.12 seconds; (e) adding a Note 
which exempts Surveillances pertaining to a DG starting on a loss-of-
coolant accident (LOCA) signal and a LOCA/loss of offsite power (LOOP) 
signal while in Modes 4 and 5 and during handling of irradiated fuel in 
the Secondary Containment when the ECCS subsystems are not required to 
be Operable; and (f) increasing the fuel oil storage tank limits for 
the Division 1 and 2 DGs as well as the 6-day limits for all three DGs.
    21. ITS 3.8.4, changing the DC Sources--Operating Specification by: 
(a) revising of the battery load profile to be consistent with the load 
profile specified in the Updated Safety Analysis Report (USAR); and (b) 
addition of an allowance to perform a modified performance discharge 
test every cycle in lieu of a service test.
    22. ITS 3.8.7, requiring that the inverters be capable of being 
powered from an uninterruptible power supply (direct current (DC) 
sources). Currently, this is not required; this is a more restrictive 
change.
    23. ITS 3.3.8.3, specifying an allowable value in the ITS for the 
time delay setting of the RPS EPA--solenoid instrumentation.
    24. ITS 3.3.8.1, deleting a requirement in the STS for performing a 
channel check on undervoltage relays; the status of relays are 
continuously monitored.
    25. ITS 3.3.8.2, specifying allowances in allowable values for the 
time delay settings of the RPS EPA logic instrumentation.
    26. ITS 3.3.4.2, adding additional verification of ATWS trip 
function bypass and time delays.
    27. ITS 3.3.8.1, The STS allows a 2-hour delay from entering into 
the associated Conditions and Required Actions for a channel placed in 
an inoperable status solely for the performance of required 
surveillances, provided the associated function maintains DG initiation 
capability. This is changed in the ITS ``provided the Associated 
Function maintains loss of power (LOP) initiation capability.''

[[Page 56521]]

    28. ITS 5.5.9.1.a, adding ``specific gravity'' to the acceptability 
of new fuel oil prior to the addition to the DG fuel tanks.
    29. ITS SR 3.6.3.1.2, adding a description of an additional 
requirement in the Bases SR 3.6.3.1.2 regarding when to perform the 
surveillance (``within 30 minutes following heatup of the system to 
normal operating temperature.'')
    30. ITS SR 3.3.1.1.16, modifying the Response Time Testing 
requirement for Function 9, Turbine Control Valve Fast Closure, Trip 
Oil Pressure--Low by stating that the response time is measured from 
the start of the control valve fast closure, not when the sensor (oil 
pressure sensor) exceeds its setpoint.
    31. ITS 3.3.5.1, specifying an ADS pressure setpoint of 150 psig, 
implementing Topical Report NEDC-32291 and making other changes 
associated with moving Group 4 isolation valves into the ECCS TS in the 
ITS.
    32. ITS 3.3.5.1, Table 3.3.5.1-1, specifying an ADS pressure 
setpoint for low pressure core spray (LPCS) pump discharge pressure--
high to be 150 psig based on implementation of Topical Report NEDC-
32291.
    33. ITS 3.3.2.1, deleting operational details in CTS Table 3.3.6-2 
not required to be in TS, and providing allowable values based on NEDO-
2411.
    34. ITS 3.3.6.1, deleting the reactor core isolation reactor core 
isolation cooling (RCIC) drywell pressure high isolation functions, 
providing new RCIC/RHR Steam Flow Timer and SGT Exhaust Radiation High 
isolation functional allowable values, and deleting the main steam line 
(MSL) radiation high isolation function.
    35. ITS 3.6.1.2, changing the requirement to verify that the air 
lock door seal leakage rate is within limit from ``once per 7 days'' to 
``once in 30 days.''
    36. ITS 3.6.1.7, adding a note to allow separate condition entry 
for each suppression chamber-to-drywell vacuum breaker.
    37. ITS 3.6.1.7, changing the ACTION statement into two ACTION 
statements: ITS 3.6.1.7 ACTION B addresses the closing of the open 
vacuum breaker within 72 hours, while ITS 3.6.1.7 ACTION C addresses 
the verification/closing of the other vacuum breaker in the line within 
2 hours. However, both ITS 3.6.1.7 Conditions B and C have been 
modified such that the words ``One or more lines with'' have been 
added.
    38. ITS 3.4.4, increasing the lift setpoint tolerance for the 
safety relief valves to 3%.
    39. ITS 3.3.1.1, deleting the MSL radiation monitor reactor trip 
requirement and surveillance requirement based on the application of 
NEDO-31400A.
    40. ITS 3.7.2 SR 3.7.2.1, deleting the staggered testing 
requirement for the CREF subsystem.
    41. ITS 3.3.1.2, adding a note to ITS SR 3.3.1.2.5 that defers 
determination of the signal-to-noise ratio in Mode 5 if less than or 
equal to four fuel assemblies are adjacent to the source range monitors 
(SRM) and no fuel is in the quadrant.
    42. ITS 3.3.1.2, changing the STS Action to ``initiate action to 
insert all insertable control rods. * * *'' to ``Initiate action to 
``fully'' insert all insertable control rods. * * *''
    43. ITS 3.3.5.1, ITS Table 3.3.5.1-1, changing footnote (a) from 
the STS to include a citation of LCO 3.5.2.
    44. ITS 5.5.2.b, adding a note that the provisions of SR 3.0.2 
apply to integrated leak tests at 24 months.
    45. ITS 3.8.8, incorporating changes to Condition A, B and C of the 
STS applicable to ``one or more'' Divisions and to ``one or both.''
    46. ITS 3.6.4.1, incorporating wording changes that alter the 
meaning of containment operability with respect to meeting surveillance 
requirements.
    Before issuance of the proposed license amendments, the Commission 
will have made findings required by the Atomic Energy Act of 1954, as 
amended (the Act) and the Commission's regulations.
    By November 19, 1999, the licensee may file a request for a hearing 
with respect to issuance of the amendment to the NMP2 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 Reference and Documents Department, Penfield Library, State 
University of New York, Oswego, New York 13126. 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

[[Page 56522]]

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.
    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 Mr. Mark J. Wetterhahn, 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).
    If a request for a hearing is received, the Commission's staff may 
issue the amendment after it completes its technical review and prior 
to the completion of any required hearing if it publishes a further 
notice for public comment of its proposed finding of no significant 
hazards consideration in accordance with 10 CFR 50.91 and 50.92.
    For further details with respect to this action, see the 
application for amendment dated October 16, 1998, as supplemented by 
letters dated December 30, 1998; May 10, June 15, July 30, August 2, 
11, 16, 19, 27, September 10, and 30, 1999, 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 Reference and Documents Department, 
Penfield Library, State University of New York, Oswego, New York 13126.

    Dated at Rockville, Maryland, this 14th day of October, 1999.

    For the Nuclear Regulatory Commission.
Darl S. Hood, Sr.,
Project Manager, Section 1, Project Directorate I, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 99-27364 Filed 10-19-99; 8:45 am]
BILLING CODE 7590-01-P