[Federal Register Volume 68, Number 240 (Monday, December 15, 2003)]
[Notices]
[Pages 69726-69728]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-30961]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-416]
Entergy Operations, Inc., System Energy Resources, Inc., South
Mississippi Electric Power Association, and Entergy Mississippi, 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.
NPF-29 issued to Entergy Operations, Inc., System Energy Resources,
Inc., South Mississippi Electric Power Association, and Entergy
Mississippi, Inc. (Entergy) for operation of the Grand Gulf Nuclear
Station, Unit 1 (GGNS), located in Claiborne County, Mississippi.
By letter dated December 5, 2003, Entergy submitted a revised
application for amendment to GGNS Technical Specification (TS) 3.3.6.1,
``Primary Containment and Drywell Isolation Instrumentation,'' to add a
provision to the applicability function that will eliminate the
requirement that the Residual Heat Removal (RHR) System Isolation,
Reactor Vessel Water Level-Low, Level 3, be operable under certain
conditions during refueling outages. Specifically, the proposed change
requested in the original application dated May 12, 2003, would remove
the requirement for this isolation function, specified in Table
3.3.6.1-1, when the upper containment reactor cavity is at the High
Water Level (HWL) condition specified in TS 3.5.2, ``Emergency Core
Cooling Systems (ECCS) Shutdown.'' The revised application adds a new
surveillance requirement (SR) (SR 3.3.6.1.9) to verify the water level
in the upper containment pool is = 22 feet 8 inches above
the reactor pressure vessel flange every four hours, and adds a
footnote to Table 3.3.6.1-1, Item 5.b, for MODE 5 that states that the
function is not required when the upper containment reactor cavity and
transfer canal gates are removed and SR 3.3.6.1.9 is met. The proposed
SR and footnote are only applicable in MODE 5. The May 12, 2003,
application was previously noticed in the Federal Register on June 10,
2003 (68 FR 34665).
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), section 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. Does the proposed change involve a significant increase in
the probability or consequences of an accident previously evaluated?
Response: No.
The proposed change revises the applicability requirement for
the Residual Heat Removal (RHR) System Isolation function of the
Primary Containment and Drywell Isolation Instrumentation during
MODE 5 and adds a surveillance requirement that is invoked when
specific conditions exist. The proposed surveillance requirement
only enhances the ability of operating personnel to detect inventory
loss associated with a draindown event. The change removes the
requirement that the instrumentation be operable during certain
conditions (high water level) during refueling outages. The
isolation function is intended to mitigate reactor vessel draindown
events by isolating the residual heat removal flow path at low
reactor water level. Although draindown events during refueling
operations are not specifically evaluated in the Updated Final
Safety Analysis Report (UFSAR), these events were evaluated in
support of licensing actions for the Alternate Decay Heat Removal
System. An additional evaluation supporting this change established
that the RHR system automatic isolation was not needed to mitigate a
draindown event given the possible drain paths and the time
available for operators to terminate the draindown event. The
probability that a draindown event will be initiated is unrelated to
operability requirement for this
[[Page 69727]]
instrumentation, the associated isolation valves or the proposed
surveillance. The evaluation determined that mitigating actions can
be taken to identify and terminate all postulated draindown events
prior to fuel uncovery. As a result, the probability of draindown
events causing fuel uncovery and the potential for radiological
releases has not significantly increased. The operation or failure
of the shutdown cooling suction isolation does not contribute to the
occurrence of an accident. No active or passive failure mechanisms
that could lead to an accident are affected by the proposed change.
The consequences of a vessel drainage event are not
significantly increased by the proposed change. Entergy has
evaluated various draindown and pumpdown events through the shutdown
cooling flow path and determined that adequate time is available for
operations personnel to identify and take action to mitigate such
events such that adequate core cooling is maintained and a
radiological release does not occur.
Therefore, the proposed change does not involve a significant
increase in the probability or consequences of an accident
previously evaluated.
2. Does the proposed change create the possibility of a new or
different kind of accident from any accident previously evaluated?
Response: No.
Entergy has evaluated various draindown events through the
shutdown cooling flow path and determined that adequate time is
available for operations personnel to identify and take action to
mitigate any events such that adequate core cooling is maintained.
The proposed surveillance requirement only enhances the ability of
operating personnel to detect inventory loss associated with a
draindown event. With the containment refueling cavity flooded,
sufficient inventory is available to allow operator action to
terminate the inventory loss prior to reaching a low water level in
the reactor. Installed equipment is not operated in a new or
different manner; no new or different system interactions are
created, and no new processes are introduced. No new failures have
been created by the proposed changes.
Therefore, the proposed change does not create the possibility
of a new or different kind of accident from any previously
evaluated.
3. Does the proposed change involve a significant reduction in a
margin of safety?
Response: No.
The proposed changes do not introduce any new setpoints at which
protective or mitigative actions are initiated. No current setpoints
are altered by this change. The design and functioning of the
containment and drywell isolation function is also unchanged. The
change simply modifies the applicability of the TS by removing the
requirement that the RHR system isolation on low reactor vessel
level be operable with the upper containment cavity flooded in MODE
5. During MODE 5, the RHR system isolation mitigates postulated
draindown events through the RHR system. The proposed surveillance
requirement only enhances the ability of operating personnel to
detect inventory loss associated with a draindown event and does not
impact a margin of safety. Entergy has evaluated various draindown
events through this flow path and determined that adequate time is
available for operations personnel to identify and take action to
mitigate such events such that adequate core cooling is maintained.
Therefore, the proposed change does 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.
This notification is based on the revised license amendment request
dated December 5, 2003, and supercedes the original notification based
on the request dated May 12, 2003, published in the Federal Register on
June 10, 2003 (68 FR 34665).
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, Public File Area O1 F21, 11555
Rockville Pike (first floor), Rockville, Maryland.
The filing of requests for hearing and petitions for leave to
intervene is discussed below.
By January 14, 2004, 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, 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.
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
[[Page 69728]]
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, Public File Area
O1F21, 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 [insert attorney name and address], 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 May 12, 2003, as supplemented by letter
dated December 5, 2003, which is available for public inspection at the
Commission's PDR, located at One White Flint North, File Public Area
O1F21, 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 10th day of December, 2003.
For the Nuclear Regulatory Commission.
Bhalchandra K. Vaidya,
Project Manager, Section 1, Project Directorate IV, Division of
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 03-30961 Filed 12-12-03; 8:45 am]
BILLING CODE 7590-01-P