[Federal Register Volume 67, Number 202 (Friday, October 18, 2002)]
[Notices]
[Pages 64422-64423]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26554]
[[Page 64422]]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-483]
Union Electric Co.; 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-30 issued to Union Electric Company (the licensee) for operation of
the Callaway Plant located in Callaway County, Missouri.
The proposed amendment would revise the definition of steam
generator (SG) tube inspection in Technical Specification 5.5.9,
``Steam Generator (SDG) Tube Surveillance Program.'' The amendment
would add a requirement for using the rotating pancake coil (RPC) to
the H* depth in the tubesheet. The proposed amendment is based on the
Westinghouse Topical Report WCAP-15932-P, ``Improved Justification of
Partial-Length RPC Inspection of Tube Joints of Model F Steam
Generators of Ameren-UE Callaway Plant,'' Revision 0, dated September
2002.
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 Title 10 of the Code of Federal Regulations
(10 CFR), Sec. 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.
The proposed change to the Callaway TS is to incorporate a SG
tube inspection program based on WCAP-15932-P. The H*/P* analysis
takes into account the reinforcing effect the tubesheet has on the
external surface of an expanded tube.
Tube-bundle integrity will not be adversely affected by the
implementation of the H*/P* tube inspection scope. SG tube burst or
collapse cannot occur within the confines of the tubesheet;
therefore, the tube burst and collapse criteria of Regulatory Guide
(RG) 1.121 are inherently met. Any degradation below the H*/P*
distance is shown by the analysis results to be acceptable, thereby
precluding an event with consequences similar to a postulated tube
rupture event.
Tube burst is precluded for cracks within the tubesheet by the
constraint provided by the tubesheet, therefore structural criterion
is satisfied by the tubesheet constraint. However, severe
degradation of the tube within the tubesheet could possibly permit
severing of the tube and tube pullout from the tubesheet under the
axial forces on the tube. Sections 5.0 and 7.0 of WCAP-15932-P
describe the testing and structural analysis that was performed to
define the H* length of non-degraded tubing that is sufficient to
compensate for the axial forces on the tube to prevent pullout.
Therefore, the proposed change to incorporate the H* inspection
scope into the TS maintains existing design limits and does not
involve a significant increase in the probability or consequences of
an accident previously evaluated.
2. The proposed changes do not create the possibility of a new
or different kind of accident from any previously evaluated.
There are no hardware changes nor are there any changes in the
method by which any safety-related plant system performs its safety
function. This amendment will not affect the normal method of plant
operation or change any operating limits. Tube-bundle integrity will
be maintained during all plant conditions upon implementation of the
proposed changes to the tube inspection scope. The proposed change
does not induce a new mechanism that would result in a different
kind of accident from those previously analyzed. No new accident
scenarios, transient precursors, failure mechanisms, or limiting
single failures are introduced as a result of this amendment. There
will be no adverse effect or challenges imposed on any safety-
related system as a result of this amendment.
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.
There will be no effect on the manner in which safety limits or
limiting safety system settings are determined nor will there be any
effect on those plant systems necessary to assure the accomplishment
of protection functions. The proposed change does not impact the
margin of safety as defined by RG 1.83 and RG 1.121 and the
requirements of General Design Criteria 14, 15, 19, 31, and 32. The
radiological dose consequences acceptance criteria listed in the
Standard Review Plan will continue to be met.
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 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 Chief, Rules and
Directives Branch, Division of Administrative Services, Office of
Administration, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001, and should cite the publication date and page number of
this Federal Register notice. Written comments may also be delivered to
Room 6D59, Two White Flint North, 11545 Rockville Pike, Rockville,
Maryland, from 7:30 a.m. to 4:15 p.m. Federal workdays. Documents may
be examined, and/or copied for a fee, at the NRC's Public Document
Room, located at One White Flint North, 11555 Rockville Pike (first
floor), Rockville, Maryland.
The filing of requests for hearing and petitions for leave to
intervene is discussed below.
By November 18, 2002, 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
[[Page 64423]]
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,\1\ which is available at the Commission's Public Document
Room, located at One White Flint North, 11555 Rockville Pike (first
floor), Rockville, Maryland, or electronically on the Internet at the
NRC Web site http://www.nrc.gov/reading-rm/doc-collections/cfr/. If
there are problems in accessing the document, contact the Public
Document Room Reference staff at 1-800-397-4209, 301-415-4737, or by e-
mail to [email protected]. 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.
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\1\ The most recent version of Title 10 of the Code of Federal
Regulations, published January 1, 2002, inadvertently omitted the
last sentence of 10 CFR 2.714(d) and subparagraphs (d)(1) and (2),
regarding petitions to intervene and contentions. For the complete,
corrected text of 10 CFR 2.714(d), please see 67 FR 20884; April 29,
2002.
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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 20555-0001, Attention: Rulemakings and
Adjudications Staff, or may be delivered to the Commission's Public
Document Room (PDR), located at One White Flint North, 11555 Rockville
Pike (first floor), Rockville, Maryland, by the above date. Because of
the continuing disruptions in delivery of mail to United States
Government offices, it is requested that petitions for leave to
intervene and requests for hearing be transmitted to the Secretary of
the Commission either by means of facsimile transmission to 301-415-
1101 or by e-mail to [email protected]. A copy of the petition for
leave to intervene and request for hearing should also be sent to the
Office of the General Counsel, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, and because of continuing disruptions in
delivery of mail to United States Government offices, it is requested
that copies be transmitted either by means of facsimile transmission to
301-415-3725 or by e-mail to [email protected]. A copy of the
request for hearing and petition for leave to intervene should also be
sent to John O'Neill, Esq., 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 October 3, 2002, which is available for
public inspection at the Commission's PDR, located at One White Flint
North, 11555 Rockville Pike (first floor), Rockville, Maryland.
Publicly available records will be accessible from the Agencywide
Documents Access and Management System's (ADAMS) Public Electronic
Reading Room on the Internet at the NRC Web site, http://www.nrc.gov/reading-rm/adams.html. Persons who do not have access to ADAMS or who
encounter problems in accessing the documents located in ADAMS, should
contact the NRC PDR Reference staff by telephone at 1-800-397-4209,
301-415-4737, or by e-mail to [email protected].
Dated at Rockville, Maryland, this 11th day of October, 2002.
For the Nuclear Regulatory Commission.
Jack Donohew,
Senior Project Manager, Section 2, Project Directorate IV, Division of
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 02-26554 Filed 10-17-02; 8:45 am]
BILLING CODE 7590-01-P