FirstEnergy Nuclear Operating Company (FENOC); Notice of Consideration of Issuance of Amendment to Facility Operating Licenses and Opportunity for a Hearing, 14554-14558 [E6-4153]
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Federal Register / Vol. 71, No. 55 / Wednesday, March 22, 2006 / Notices
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[FR Doc. 06–2794 Filed 3–17–06; 4:26 pm]
BILLING CODE 7555–01–P
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FirstEnergy Nuclear Operating
Company (FENOC); Notice of
Consideration of Issuance of
Amendment to Facility Operating
Licenses and Opportunity for a
Hearing
The U.S. Nuclear Regulatory
Commission (the Commission) is
considering issuance of an amendment
to Facility Operating License Nos. DPR–
66 and NPF–73, issued to FENOC (the
licensee), for operation of the Beaver
Valley Power Station, Unit Nos. 1 and
2 (BVPS–1 and 2) located in Beaver
County, Pennsylvania.
The proposed amendments requested
by the licensee’s February 25, 2005,
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license amendment request (LAR)
would represent a full conversion from
the current Technical Specifications
(CTS) to a set of improved Technical
Specifications (ITS) based on NUREG–
1431, ‘‘Standard Technical
Specifications (STS) for Westinghouse
Plants,’’ Revision 2, dated April 2001.
Some additional changes were proposed
by the licensee to make the resulting ITS
more consistent with Revision 3 of
NUREG–1431 dated June 2004. The
proposed amendments would also
consolidate the BVPS–1 and 2 TSs into
a single set of ITS applicable to both
units. The attachment to the licensee’s
February 25, 2005, LAR consists of 10
volumes.
Volume 1 contains a copy of the
licensee’s transmittal letter, a detailed
description of the contents and
organization of the BVPS ITS
conversion LAR, a status of Technical
Specification Task Force (TSTF)
changes to NUREG–1431, Revisions 2
and 3, a status of pending LARs, a list
of beyond scope changes (BSIs), a CTS
‘‘roadmap’’ showing the disposition of
each BVPS CTS and its relation to the
proposed BVPS ITS in CTS order, an
improved STS ‘‘roadmap’’ showing the
correspondence of each improved STS
to the proposed BVPS ITS and CTS in
improved STS order, and the licensee’s
evaluation of environmental
considerations for the proposed ITS
conversion LAR.
NUREG–1431 has been developed by
the Commission’s staff through working
groups composed of both NRC staff
members and industry representatives,
and has been endorsed by the NRC staff
as part of an industry-wide initiative to
standardize and improve the Technical
Specifications (TSs) 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–1431 as
a basis, proposed an ITS for BVPS–1
and 2. The criteria in the Final Policy
Statement was subsequently added to
Title 10 of the Code of Federal
Regulations (10 CFR), Section 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.
In addition to the conversion, the
licensee also proposed 30 BSIs where
the proposed requirements are different
from the CTS and the STS of NUREG–
1431. These include 25 items identified
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by the licensee as BSIs and 5 additional
items that consist of TSTF Traveler
Items that were pending at the time of
the licensee’s application, and which
the NRC staff has determined it will
treat as BSIs. The BSIs are identified
later in this notice.
This notice is based on the
application dated February 25, 2005,
and the information provided to the
NRC through the BVPS–1 and 2 ITS
Conversion Web page. To expedite its
review of the application, the NRC staff
issued its requests for additional
information (RAIs) through the BVPS–1
and 2 ITS Conversion Web page and the
licensee addressed the RAIs by
providing responses on the Web page.
Entry into the database is protected so
that only licensee and NRC reviewers
can enter information into the database
to add RAIs (NRC) or providing
responses to the RAIs (licensee);
however, the public can enter the
database to only read the questions
asked and the responses provided. To be
in compliance with the regulations for
written communications for license
amendment requests and to have the
database on the BVPS–1 and 2 dockets
before the amendments would be
issued, the licensee will submit a copy
of the database in a submittal to the
NRC after there are no further RAIs and
before the amendments would be
issued. The public can access the
database through the NRC Web site at
https://www.nrc.gov by the following
process: (1) Click on the tab labeled
‘‘Nuclear Reactors’’ on the NRC home
page along the upper part of the Web
page, (2) then click on the link to
‘‘Power Reactors’’ which is under
‘‘Regulated Reactors’’ on the left hand
side of the Web page, (3) then click on
the link to ‘‘Improved Standard
Technical Specifications’’ which is on
right hand side of the page, (4) then
click on the link for ‘‘Improved
Technical Specifications Data Base’’ at
the bottom of the page under the
heading ‘‘Conversion to Standard
Technical Specifications,’’ and (5)
finally, click on the link to ‘‘Beaver
Valley Power Station Licensing
Database,’’ near the middle of the Web
page, to open the database. The RAIs
and responses to RAIs are organized by
ITS Sections 1.0, 2.0, 3.0, 3.1 through
3.9, 4.0, and 5.0, and/or the BSI
numbers. For most listed ITS sections or
BSIs, there is an RAI which can be read
by clicking on the ITS section or BSI
number. The licensee’s responses are
shown by a solid triangle adjacent to the
ITS section or BSI number, and, to read
the response, you click on the triangle.
To page down through the ITS sections
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to the BSIs, click on ‘‘next’’ along the
top of the page or on ‘‘previous’’ to
return to the previous page.
The licensee has categorized the
proposed changes to the CTS into five
general groupings within the
description of changes (DOC) section of
the application. These groupings are
characterized as administrative changes
(i.e., ITS x.x, DOC A.xx), more
restrictive changes (i.e., ITS x.x, DOC
M.xx), relocated specifications (i.e., ITS
x.x, DOC R.xx), removed detail changes
(i.e., ITS x.x, DOC LA.xx), and less
restrictive changes (i.e., ITS x.x, DOC
L.xx). This is to say that the DOCs are
numbered sequentially within each
letter designator for each ITS Chapter,
Section, or Specification, and the
designations are A.xx for administrative
changes, M.xx for more restrictive
changes, R.xx for relocated
specifications, LA.xx for removed detail
changes, and L.xx for less restrictive
changes. These 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.
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
reflects the attributes of NUREG–1431
and does not involve technical changes
to the CTS. The proposed changes
include: (a) Providing the appropriate
numbers, etc., for NUREG–1431
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–1431 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.
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
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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.
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 TSs.
Relocated changes are those CTS
requirements that do not satisfy or fall
within any of the four criteria specified
in the 10 CFR 50.36(c)(2)(ii) and may be
relocated to appropriate licenseecontrolled documents.
The licensee’s application of the
screening criteria is described in the
attachment to the licensee’s February
25, 2005, letter, which is entitled, ‘‘A
Description of the Beaver Valley Power
Station, Improved Technical
Specification (ITS) Conversion License
Amendment Request (LAR),’’ in
Attachment 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 TSs to
administratively-controlled documents
such as the quality assurance program,
the UFSAR, the ITS Bases, the licensing
requirements manual (LRM) that is
incorporated by reference in the
UFSAR, the core operating limits report,
the offsite dose calculation manual, the
inservice testing program, the inservice
inspection program, or other licenseecontrolled 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 controlled
pursuant to 10 CFR 50.59.
Removed detail changes, are changes
to the CTS that eliminate detail and
relocate the detail to a licenseecontrolled document. Typically, this
involves details of system design and
function, or procedural detail on
methods of conducting a surveillance
requirement (SR). These changes are
supported, in aggregate, by a single
generic no significant hazards
consideration (NSHC). The generic type
of removed detail change is identified in
italics at the beginning of the DOC.
Less restrictive changes are those
where CTS requirements are relaxed or
eliminated, or new plant operational
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14555
flexibility is provided. The more
significant ‘‘less restrictive’’
requirements are justified on a case-bycase basis. When requirements have
been shown to provide little or no safety
benefit, their removal from the TSs 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 STSs. Generic relaxations
contained in NUREG–1431 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 basis
and licensing basis are consistent with
the technical basis for the model
requirements in NUREG–1431, thus
providing a basis for the ITS, or if
relaxation of the requirements in the
CTS is warranted based on the
justification provided by the licensee.
These administrative, relocated, more
restrictive, removed detail, 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 changes proposed that are
different from the requirements in both
the CTS and the STS NUREG–1431. The
BSIs are listed below in which the first
25 were identified by the licensee and
addressed in Enclosure 4 to its
application. The remaining 5 BSIs were
identified by the NRC staff and were
originally categorized as pending TSTF
items by the licensee. In some cases, the
BSI is addressed as a justification for
deviation (JFD) from the STS, and
identified as ITS x.x, JFD x. These BSIs
to the conversion, listed in the order of
the applicable ITS specification or
section, are as follows [note that the
words below that are capitalized are
terms that are defined in the ITS]:
1. BSIs-1 and 2, propose changes to
the BVPS–1 analog Rod Position
Indication (RPI) system. BVPS–2 uses a
digital RPI system and the proposed
change does not apply to BVPS–2. The
proposed changes would modify the
CTS 3.1.3.2 notes to apply the 1-hour
thermal soak time to all power levels
instead of only to power levels above
50%, and to apply the exception to the
? 12 step-requirement during rod
insertion and withdrawal (provided by
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the Mode 2 footnote) to any time
‘‘during rod motion.’’ The CTS 3.1.3.1
notes would be moved directly to the
ITS 3.1.4 limiting condition for
operation (LCO) (ITS 3.1.4, DOC L.1,
JFD 2, and ITS 3.1.7.1, DOC L.2, JFDs 2
and 5).
2. BSI–3 proposes changes to the
improved STS time limit and power
level specified in the note modifying SR
3.3.1.3. The proposed time limit would
change from 1 to 7 days and the
proposed power level would change
from ≥15% rated thermal power (RTP)
to ≥50% RTP. (ITS 3.3.1 and SR 3.3.1.3
note, DOC M.12, JFDs 4 and 6)
3. BSI–4 proposes changes to
improved STS SR 3.3.1.6 (ITS SR
3.3.1.9) to change the time allowed to
perform the surveillance from 24 hours
after RTP is ≥50%, to 7 days.
Additionally, the BSI proposes to
change the requirement to perform SR
3.3.1.9 every 92 effective full-power
days (EFPD) thereafter, to perform the
surveillance ‘‘once per fuel cycle’’ (ITS
3.3.1, SR 3.3.1.9 note, DOC M.19, JFD 7).
4. BSI–5 proposes a change to ITS SR
3.3.4.2 frequency for verifying the
operability of the Remote shutdown
System control and transfer switches
from 18 months to 36 months. CTS
3.3.3.5 currently does not have
operability or SRs for these control and
transfer switches (ITS 3.3.4, SR 3.3.4.2,
DOC M.4, JFD 1).
5. BSI–6 proposes a change to the
improved STS note that modifies the
precision heat balance SR to require the
surveillance to be performed within 30
days of reaching the specified power
level vice within 24 hours of reaching
the specified power level (CTS 4.2.5.2
and its note 2 do not contain a specified
time limit in which to perform the heat
balance) (ITS 3.4.1, SR 3.4.1.4 note,
DOC M.1, JFD 1).
6. BSIs-7–11 propose revising the
improved STS note for verifying reactor
coolant pump (RCP) and residual heat
removal (RHR) pump standby pump
breaker alignment and power
availability every 7 days (and within 24
hours after the pump is not in
operation) to remove the requirement
for performing the surveillance within
24 hours after the pump is not in
operation and considering the SR to be
met for a pump just removed from
operation and to clarify that the starting
time for the 7-day SR begins ‘‘when the
pump is removed from operation’’
instead of when the pump ‘‘is not in
operation.’’ The CTS SRs do not have a
note containing the 24-hour requirement
for the RCPs and RHR pumps (ITS SR
3.4.5.3, DOC L.3, JFD 2, SR 3.4.6.3, DOC
L.4, JFD 2, SR 3.4.7.3, DOC L.5, JFD 4,
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SR 3.4.8.2, DOC L.4, JFD 3, and SR
3.5.9.2, DOC M.1, JFD 2).
7. BSI–12 proposes to change the
improved STS 3.4.18, ‘‘Isolated Loop
Startup,’’ LCO and SRs related to the
isolated loop temperature to be more
consistent with the BVPS safety
analyses assumptions and CTS RCP start
restrictions. The improved STS requires
that the isolated loop temperature be no
greater than 20° below the operating
loop temperature before the cold leg
isolation valve can be opened. The
licensee proposes to change this
requirement to, ‘‘the cold leg
temperature must be ≥ the minimum
reactor coolant system (RCS)
temperature assumed in the analysis
before the cold leg isolation valve can be
opened.’’ In addition new temperature
requirements are added similar to the
temperature restrictions for starting an
RCP in ITS 3.4.7, ‘‘RCS Loops-Mode 5’’
(ITS 3.4.18, DOC M.1, JFDs 1 and 2).
8. BSIs-13 and 14 propose to remove
the valve isolation times from SR 3.7.2.1
for the main steam isolation valves
(MSIVs), and SR 3.7.3.1 for the main
feedwater isolation valves (MFIVs),
main feedwater regulating valves and
associated bypass valves and replace the
times with a specific reference that the
isolation time of each valve is ‘‘within
limits.’’ The valve isolation times would
be relocated to the LRM and future
changes would be controlled under 10
CFR 50.59. The licensee states that this
is consistent with the previously
approved relocation of other valve
response times such as for containment
isolation valves. The CTS SR 4.7.1.5 for
MSIVs would thus be changed;
however, the licensee has no CTS for
MFIVs (ITS SR 3.7.2.1, DOC LA.1, JFD
3, and ITS SR 3.7.3.1, DOC M.1, JFD 2).
9. BSIs-15–17 propose changes to the
improved STS 3.7.7 and 3.7.8 to provide
a new Action Condition C, rather than
the application of LCO 3.0.3, for the
case where 2 component cooling water
(3.7.7) or 2 service water (3.7.8) trains
are inoperable resulting in insufficient
cooling capacity for decay heat removal
in Mode 4 such that the plant cannot
cool down to Mode 5 (ITS 3.7.7 and
3.7.8, DOC L.3, JFD 2).
10. BSI–18 proposes changes to ITS
3.7.9, Ultimate Heat Sink [UHS],’’
Action Condition B, such that the
proposed Action does not include the
improved STS upper and lower
temperature limits, but will require
more frequent monitoring of the UHS
temperature when the single BVPS limit
for each unit is exceeded rather than an
immediate unit shutdown, and would
require a unit shutdown when the UHS
temperature averaged over the previous
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24 hours exceeds the limit (ITS 3.7.9
Action A, DOC L.1, JFD 2).
11. BSI–19 proposes to modify the
notes in improved STS SRs 3.8.1.2 and
3.8.1.3 to add the words ‘‘or based on
operating experience,’’ to supplement
the phrase ‘‘as recommended by the
manufacturer’’ (ITS SR 3.8.1.2 and SR
3.8.1.3, DOC L.19, JFD 17).
12. BSI–20 proposes to modify
improved STS SR 3.8.1.5 by changing
the requirement to ‘‘Check for and
remove accumulated water from each
day tank [and engine mounted tank]’’ to
‘‘Check and remove water from each
engine mounted tank.’’ A note has been
added to indicate that this is applicable
to BVPS–1 only (ITS SR 3.8.1.5.1, DOC
L.18, JFD 10).
13. BSI–21 proposes a note to ITS SR
3.8.2.1 to address the surveillances (SRs
3.1.8.13 and 3.8.1.14) used to verify the
capability of the automatic load
sequencer function of the emergency
diesel generators (EDGs). The note states
that the load sequencer function SRs
only include the verification of loads
applicable (necessary for operability) in
the shutdown modes of operation
(Modes 5 and 6) addressed by ITS 3.8.2
(ITS SR 3.8.2.1 Note 2, DOC L.3, JFD 5).
14. BSI–22 proposes to revise
improved STS SR 3.8.2.1 by the
addition of Note 3. Proposed Note 3 to
ITS SR 3.8.2.1 states, ‘‘SR 3.8.1.14 is
only required to be met with the use of
an actual or simulated loss of offsite
power signal.’’ SR 3.8.1.14 verifies the
response of the emergency bus and EDG
to an engineered safety features (ESF)
signal in conjunction with a loss of
offsite power. The proposed note is
intended to clarify that in the shutdown
modes addressed by SR 3.8.2.1, there
are no required ESF actuation signals.
The ESF actuation instrumentation
specified in ITS 3.3.2 is only required to
be operable in Modes 1–4, and ITS
3.8.2, ‘‘AC Sources Shutdown,’’ is only
applicable in Modes 5 and 6 (ITS SR
3.8.2.1 Note 3, DOC L.3, JFD 6).
15. BSI–23 proposes to revise
improved STS SR 3.9.3.3 by making
changes to ITS 3.9.3.c.2 intended to be
consistent with the design and licensing
basis for BVPS–1 and 2. The LCO
requirement that specifies that each
penetration providing direct access from
the containment atmosphere to the
outside atmosphere be capable of being
closed by an OPERABLE Containment
Purge and Exhaust Isolation System and
its associated surveillance (SR 3.9.3.3)
are made applicable to Unit 2 only, and
a provision is added for Unit 1 only (ITS
3.9.3.c.3) that allows the Purge and
Exhaust System penetrations to be open
when the system air is exhausted to an
OPERABLE Supplemental Leak
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Collection and Release System train
(ITS 3.9.3.c.2, DOC L.1, JFD 3).
16. BSI–24 proposes to incorporate a
note into ITS 3.9.5, ‘‘RHR and Coolant
Circulation—Low Water Level,’’ and ITS
3.9.4, ‘‘RHR and Coolant Circulation—
High Water Level.’’ NRC-approved
TSTF–21 Revision 0, incorporated a
Bases change to ITS 3.9.5 that provides
an exception to the requirement for the
RHR loop to be circulating reactor
coolant to allow both RHR pumps to be
aligned to the refueling water storage
tank (RWST) to support filling or
draining of the refueling cavity or for
performance of required testing. This
exception was incorporated into
NUREG–1431, Revision 3. In a letter
dated April 29, 1999, from W. D.
Beckner, NRC, to J. Davis, Nuclear
Energy Institute, the NRC recommended
that TSTF–21, Revision 0 be revised to
include an LCO exception note to
remove the RHR loop from operation
(i.e., from circulating coolant) to support
cavity fill and drain or to support
required testing. The licensee’s note
incorporates this NRC recommendation
which was not incorporated into TSTF–
21, Revision 0 or NUREG–1431,
Revision 3 (ITS 3.9.4, LCO Note 3 and
ITS 3.9.5, LCO Note 3, DOC L.4, JFD 3).
17. BSI–25 proposes to revise
improved STS 5.5.4.b which states,
‘‘The provisions of SR 3.0.2 are
applicable to the above required
Frequencies [improved STS 5.5.4.a] for
performing inservice testing activities.’’
The licensee states that the list in
improved STS 5.5.4.a lists some of the
test intervals referenced in the inservice
testing requirements but is not a
comprehensive list. The licensee
proposes to revise ITS 5.5.4.b to state,
‘‘The provisions of SR 3.0.2 are
applicable to the above required
Frequencies and other normal and
accelerated Frequencies specified in the
Inservice Testing Program for
performing inservice testing activities.’’
This would expand the applicability of
SR 3.0.2 provisions to all inservice
testing requirements intervals and not
just those listed in ITS 5.5.4.a (ITS
5.5.4.b, DOC L.4, JFD 34).
18. BSI–26 proposes to incorporate
pending TSTF–412, Revision 0, which
would provide actions and clarify the
operability status when one steam
supply to a turbine driven auxiliary
feedwater pump is inoperable.
19. BSI–27 proposes to incorporate
pending TSTF–451–T, Revision 0,
which would provide corrections to the
battery monitoring and maintenance
program (Section 5.0) and the Bases of
SR 3.8.4.2 (Section 3.8).
20. BSI–28 proposes to incorporate
pending TSTF–453–T, Revision 2,
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which would provide a new
specification in Section 3.1 and revise
existing requirements in Section 3.3 to
more completely address a rod
withdrawal from subcritical conditions
(RWFS) event. The TSTF adds new
boron concentration operating
restrictions during conditions when the
power range nuclear instrumentation
may not be able to provide the necessary
trip function to protect against an RWFS
event.
21. BSI–29 proposes to incorporate
pending TSTF–472–T, Revision 0,
which corrects a Bases error introduced
by implementation of NRC-approved
TSTF–283 (approved in November
2000). This affects Section 3.8.
22. BSI–30 proposes to incorporate
pending TSTF–482, Revision 0, which
would provide editorial enhancements
to the Bases for LCO 3.0.6.
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.
Within 60 days after the date of
publication of this notice, 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 2.309,
which is available at the Commission’s
public document room (PDR), located at
One White Flint North, Public File Area
01F21, 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, https://
www.nrc.gov/reading-rm/doccollections/cfr/. If a request for a hearing
or petition for leave to intervene is filed
by the above date, the Commission or a
presiding officer designated by the
Commission or by the Chief
Administrative Judge of the Atomic
Safety and Licensing Board Panel, will
rule on the request and/or petition; and
the Secretary or the Chief
Administrative Judge of the Atomic
Safety and Licensing Board will issue a
notice of a hearing or an appropriate
order.
PO 00000
Frm 00065
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Sfmt 4703
14557
As required by 10 CFR 2.309, a
petition for leave to intervene shall set
forth with particularity the interest of
the petitioner/requestor 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
general requirements: (1) The name,
address and telephone number of the
requestor or petitioner; (2) the nature of
the requestor’s/petitioner’s right under
the Act to be made a party to the
proceeding; (3) the nature and extent of
the requestor’s/petitioner’s property,
financial, or other interest in the
proceeding; and (4) the possible effect of
any decision or order which may be
entered in the proceeding on the
requestor’s/petitioner’s interest. The
petition must also identify the specific
contentions which the petitioner/
requestor seeks to have litigated at the
proceeding.
Each contention must consist of a
specific statement of the issue of law or
fact to be raised or controverted. In
addition, the petitioner/requestor shall
provide a brief explanation of the bases
for 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. The
petition must include 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/requestor to relief.
A petitioner/requestor who fails to
satisfy 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.
Nontimely requests and/or petitions
and contentions will not be entertained
absent a determination by the
Commission or the presiding officer of
the Atomic Safety and Licensing Board
that the petition, request and/or the
contentions should be granted based on
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14558
Federal Register / Vol. 71, No. 55 / Wednesday, March 22, 2006 / Notices
a balancing of the factors specified in 10
CFR 2.309(a)(1)(i)–(viii).
A request for a hearing or a petition
for leave to intervene must be filed by:
(1) First class mail addressed to the
Office of the Secretary of the
Commission, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, Attention: Rulemaking and
Adjudications Staff; (2) courier, express
mail, and expedited delivery services:
Office of the Secretary, Sixteenth Floor,
One White Flint North, 11555 Rockville
Pike, Rockville, Maryland, 20852,
Attention: Rulemaking and
Adjudications Staff; (3) E-mail
addressed to the Office of the Secretary,
U.S. Nuclear Regulatory Commission,
HEARINGDOCKET@NRC.GOV; or (4)
facsimile transmission addressed to the
Office of the Secretary, U.S. Nuclear
Regulatory Commission, Washington,
DC, Attention: Rulemakings and
Adjudications Staff at (301) 415–1101,
verification number is (301) 415–1966.
A copy of the request for hearing and
petition for leave to intervene should
also be sent to the Office of the General
Counsel, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, and it is requested that copies be
transmitted either by means of facsimile
transmission to 301–415–3725 or by email to OGCMailCenter@nrc.gov. A copy
of the request for hearing and petition
for leave to intervene should also be
sent to David W. Jenkins, Attorney,
FirstEnergy Corporation, Mail Stop A–
GO–18, 76 South Main Street, Akron,
OH 44308, attorney for the licensee.
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 February 25, 2005,
which is available for public inspection
at the Commission’s PDR, located at
One White Flint North, Public File Area
O1 F21, 11555 Rockville Pike (first
floor), Rockville, Maryland. Publicly
available records will be accessible
electronically from the ADAMS Public
Electronic Reading Room on the Internet
at the NRC Web site, https://
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–
VerDate Aug<31>2005
14:47 Mar 21, 2006
Jkt 208001
397–4209, 301–415–4737, or by e-mail
to pdr@nrc.gov.
Dated at Rockville, Maryland, this 16th day
of March 2006.
For the Nuclear Regulatory Commission.
Timothy G. Colburn,
Senior Project Manager, Plant Licensing
Branch I–1, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. E6–4153 Filed 3–21–06; 8:45 am]
BILLING CODE 7590–01–P
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
Request for Comments and Notice of
Public Hearing Concerning Proposed
United States-Malaysia Free Trade
Agreement
Office of the United States
Trade Representative.
ACTION: Notice of intent to initiate
negotiations on a free trade agreement
between the United States and Malaysia,
request for comments, and notice of
public hearing.
AGENCY:
SUMMARY: The United States intends to
initiate negotiations with Malaysia on a
free trade agreement (FTA). The
interagency Trade Policy Staff
Committee (TPSC) will convene a
public hearing and seek public
comment to assist the United States
Trade Representative (USTR) in
amplifying and clarifying negotiating
objectives for the proposed agreement
and to provide advice on how specific
goods and services and other matters
should be treated under the proposed
agreement.
DATES: Persons wishing to testify orally
at the hearing must provide written
notification of their intention, as well as
their testimony, by April 21, 2006. A
hearing will be held in Washington, DC,
beginning on May 3, 2006, and will
continue as necessary on subsequent
days. Written comments are due by
noon, May 12, 2006.
ADDRESSES: Submissions by electronic
mail (notice of intent to testify, written
testimony) should be submitted to:
FR0443@ustr.gov (written comments).
Submissions by facsimile: Gloria Blue,
Executive Secretary, Trade Policy Staff
Committee, at (202) 395–6143. The
public is strongly encouraged to submit
documents electronically rather than by
facsimile. (See requirements for
submissions below.)
FOR FURTHER INFORMATION CONTACT: For
procedural questions concerning written
comments or participation in the public
hearing, contact Gloria Blue, Executive
PO 00000
Frm 00066
Fmt 4703
Sfmt 4703
Secretary, Trade Policy Staff Committee,
at (202) 395–3475. All other questions
should be directed to Jeri Jensen,
Deputy Assistant U.S. Trade
Representative for Southeast Asia and
Pacific Affairs, at (202) 395–6813 or Ted
Posner, Office of the General Counsel,
(202) 395–9512.
SUPPLEMENTARY INFORMATION:
1. Background
Under section 2104 of the Bipartisan
Trade Promotion Authority Act of 2002
(TPA Act)(19 U.S.C. 3804), for
agreements that will be approved and
implemented through TPA procedures,
the President needs to provide the
Congress with at least 90 days written
notice of his intent to enter into
negotiations and identify the specific
objectives for the negotiations. Before
and after the submission of this notice,
the President is to consult with
appropriate Congressional committees
and the Congressional Oversight Group
regarding the negotiations. Under the
Trade Act of 1974, as amended, the
President must (i) Afford interested
persons an opportunity to present their
views regarding any matter relevant to
any proposed agreement, (ii) designate
an agency or inter-agency committee to
hold a public hearing regarding any
proposed agreement, and (iii) seek the
advice of the U.S. International Trade
Commission (USITC) regarding the
probable economic effects on U.S.
industries and consumers of the
removal of tariffs and non-tariff barriers
on imports pursuant to any proposed
agreement.
On March 8, 2006, after consulting
with relevant Congressional committees
and the Congressional Oversight Group,
the USTR notified the Congress that the
President intends to initiate free trade
agreement negotiations with Malaysia
and identified specific objectives for the
negotiations. In addition, the USTR has
requested the USITC’s probable
economic effects advice. The USITC
intends to provide this advice by June
30, 2006. This notice solicits views from
the public on these negotiations and
provides information on a hearing,
which will be conducted pursuant to
the requirements of the Trade Act of
1974.
2. Public Comments and Testimony
To assist the Administration as it
continues to develop its negotiating
objectives for the proposed agreement,
the Chairman of the TPSC invites
written comments and/or oral testimony
of interested persons at a public hearing.
Comments and testimony may address
the reduction or elimination of tariffs or
non-tariff barriers on any articles
E:\FR\FM\22MRN1.SGM
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]]>Agencies
[Federal Register Volume 71, Number 55 (Wednesday, March 22, 2006)]
[Notices]
[Pages 14554-14558]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-4153]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-334 and 50-412]
FirstEnergy Nuclear Operating Company (FENOC); Notice of
Consideration of Issuance of Amendment to Facility Operating Licenses
and Opportunity for a Hearing
The U.S. Nuclear Regulatory Commission (the Commission) is
considering issuance of an amendment to Facility Operating License Nos.
DPR-66 and NPF-73, issued to FENOC (the licensee), for operation of the
Beaver Valley Power Station, Unit Nos. 1 and 2 (BVPS-1 and 2) located
in Beaver County, Pennsylvania.
The proposed amendments requested by the licensee's February 25,
2005, license amendment request (LAR) would represent a full conversion
from the current Technical Specifications (CTS) to a set of improved
Technical Specifications (ITS) based on NUREG-1431, ``Standard
Technical Specifications (STS) for Westinghouse Plants,'' Revision 2,
dated April 2001. Some additional changes were proposed by the licensee
to make the resulting ITS more consistent with Revision 3 of NUREG-1431
dated June 2004. The proposed amendments would also consolidate the
BVPS-1 and 2 TSs into a single set of ITS applicable to both units. The
attachment to the licensee's February 25, 2005, LAR consists of 10
volumes.
Volume 1 contains a copy of the licensee's transmittal letter, a
detailed description of the contents and organization of the BVPS ITS
conversion LAR, a status of Technical Specification Task Force (TSTF)
changes to NUREG-1431, Revisions 2 and 3, a status of pending LARs, a
list of beyond scope changes (BSIs), a CTS ``roadmap'' showing the
disposition of each BVPS CTS and its relation to the proposed BVPS ITS
in CTS order, an improved STS ``roadmap'' showing the correspondence of
each improved STS to the proposed BVPS ITS and CTS in improved STS
order, and the licensee's evaluation of environmental considerations
for the proposed ITS conversion LAR.
NUREG-1431 has been developed by the Commission's staff through
working groups composed of both NRC staff members and industry
representatives, and has been endorsed by the NRC staff as part of an
industry-wide initiative to standardize and improve the Technical
Specifications (TSs) 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-1431 as a basis, proposed an ITS for BVPS-1 and
2. The criteria in the Final Policy Statement was subsequently added to
Title 10 of the Code of Federal Regulations (10 CFR), Section 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.
In addition to the conversion, the licensee also proposed 30 BSIs
where the proposed requirements are different from the CTS and the STS
of NUREG-1431. These include 25 items identified by the licensee as
BSIs and 5 additional items that consist of TSTF Traveler Items that
were pending at the time of the licensee's application, and which the
NRC staff has determined it will treat as BSIs. The BSIs are identified
later in this notice.
This notice is based on the application dated February 25, 2005,
and the information provided to the NRC through the BVPS-1 and 2 ITS
Conversion Web page. To expedite its review of the application, the NRC
staff issued its requests for additional information (RAIs) through the
BVPS-1 and 2 ITS Conversion Web page and the licensee addressed the
RAIs by providing responses on the Web page. Entry into the database is
protected so that only licensee and NRC reviewers can enter information
into the database to add RAIs (NRC) or providing responses to the RAIs
(licensee); however, the public can enter the database to only read the
questions asked and the responses provided. To be in compliance with
the regulations for written communications for license amendment
requests and to have the database on the BVPS-1 and 2 dockets before
the amendments would be issued, the licensee will submit a copy of the
database in a submittal to the NRC after there are no further RAIs and
before the amendments would be issued. The public can access the
database through the NRC Web site at https://www.nrc.gov by the
following process: (1) Click on the tab labeled ``Nuclear Reactors'' on
the NRC home page along the upper part of the Web page, (2) then click
on the link to ``Power Reactors'' which is under ``Regulated Reactors''
on the left hand side of the Web page, (3) then click on the link to
``Improved Standard Technical Specifications'' which is on right hand
side of the page, (4) then click on the link for ``Improved Technical
Specifications Data Base'' at the bottom of the page under the heading
``Conversion to Standard Technical Specifications,'' and (5) finally,
click on the link to ``Beaver Valley Power Station Licensing
Database,'' near the middle of the Web page, to open the database. The
RAIs and responses to RAIs are organized by ITS Sections 1.0, 2.0, 3.0,
3.1 through 3.9, 4.0, and 5.0, and/or the BSI numbers. For most listed
ITS sections or BSIs, there is an RAI which can be read by clicking on
the ITS section or BSI number. The licensee's responses are shown by a
solid triangle adjacent to the ITS section or BSI number, and, to read
the response, you click on the triangle. To page down through the ITS
sections
[[Page 14555]]
to the BSIs, click on ``next'' along the top of the page or on
``previous'' to return to the previous page.
The licensee has categorized the proposed changes to the CTS into
five general groupings within the description of changes (DOC) section
of the application. These groupings are characterized as administrative
changes (i.e., ITS x.x, DOC A.xx), more restrictive changes (i.e., ITS
x.x, DOC M.xx), relocated specifications (i.e., ITS x.x, DOC R.xx),
removed detail changes (i.e., ITS x.x, DOC LA.xx), and less restrictive
changes (i.e., ITS x.x, DOC L.xx). This is to say that the DOCs are
numbered sequentially within each letter designator for each ITS
Chapter, Section, or Specification, and the designations are A.xx for
administrative changes, M.xx for more restrictive changes, R.xx for
relocated specifications, LA.xx for removed detail changes, and L.xx
for less restrictive changes. These 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.
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 reflects the attributes of NUREG-1431
and does not involve technical changes to the CTS. The proposed changes
include: (a) Providing the appropriate numbers, etc., for NUREG-1431
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-1431 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.
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.
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 TSs. Relocated changes
are those CTS requirements that do not satisfy or fall within any of
the four criteria specified in the 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 the attachment to the licensee's February 25, 2005, letter, which is
entitled, ``A Description of the Beaver Valley Power Station, Improved
Technical Specification (ITS) Conversion License Amendment Request
(LAR),'' in Attachment 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 TSs to administratively-controlled documents such as the quality
assurance program, the UFSAR, the ITS Bases, the licensing requirements
manual (LRM) that is incorporated by reference in the UFSAR, the core
operating limits report, the offsite dose calculation manual, the
inservice testing program, the inservice inspection 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 controlled pursuant to
10 CFR 50.59.
Removed detail changes, are changes to the CTS that eliminate
detail and relocate the detail to a licensee-controlled document.
Typically, this involves details of system design and function, or
procedural detail on methods of conducting a surveillance requirement
(SR). These changes are supported, in aggregate, by a single generic no
significant hazards consideration (NSHC). The generic type of removed
detail change is identified in italics at the beginning of the DOC.
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 TSs 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 STSs. Generic
relaxations contained in NUREG-1431 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 basis and licensing basis
are consistent with the technical basis for the model requirements in
NUREG-1431, thus providing a basis for the ITS, or if relaxation of the
requirements in the CTS is warranted based on the justification
provided by the licensee.
These administrative, relocated, more restrictive, removed detail,
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 changes proposed that are different from the
requirements in both the CTS and the STS NUREG-1431. The BSIs are
listed below in which the first 25 were identified by the licensee and
addressed in Enclosure 4 to its application. The remaining 5 BSIs were
identified by the NRC staff and were originally categorized as pending
TSTF items by the licensee. In some cases, the BSI is addressed as a
justification for deviation (JFD) from the STS, and identified as ITS
x.x, JFD x. These BSIs to the conversion, listed in the order of the
applicable ITS specification or section, are as follows [note that the
words below that are capitalized are terms that are defined in the
ITS]:
1. BSIs-1 and 2, propose changes to the BVPS-1 analog Rod Position
Indication (RPI) system. BVPS-2 uses a digital RPI system and the
proposed change does not apply to BVPS-2. The proposed changes would
modify the CTS 3.1.3.2 notes to apply the 1-hour thermal soak time to
all power levels instead of only to power levels above 50%, and to
apply the exception to the ? 12 step-requirement during rod insertion
and withdrawal (provided by
[[Page 14556]]
the Mode 2 footnote) to any time ``during rod motion.'' The CTS 3.1.3.1
notes would be moved directly to the ITS 3.1.4 limiting condition for
operation (LCO) (ITS 3.1.4, DOC L.1, JFD 2, and ITS 3.1.7.1, DOC L.2,
JFDs 2 and 5).
2. BSI-3 proposes changes to the improved STS time limit and power
level specified in the note modifying SR 3.3.1.3. The proposed time
limit would change from 1 to 7 days and the proposed power level would
change from >=15% rated thermal power (RTP) to >=50% RTP. (ITS 3.3.1
and SR 3.3.1.3 note, DOC M.12, JFDs 4 and 6)
3. BSI-4 proposes changes to improved STS SR 3.3.1.6 (ITS SR
3.3.1.9) to change the time allowed to perform the surveillance from 24
hours after RTP is >=50%, to 7 days. Additionally, the BSI proposes to
change the requirement to perform SR 3.3.1.9 every 92 effective full-
power days (EFPD) thereafter, to perform the surveillance ``once per
fuel cycle'' (ITS 3.3.1, SR 3.3.1.9 note, DOC M.19, JFD 7).
4. BSI-5 proposes a change to ITS SR 3.3.4.2 frequency for
verifying the operability of the Remote shutdown System control and
transfer switches from 18 months to 36 months. CTS 3.3.3.5 currently
does not have operability or SRs for these control and transfer
switches (ITS 3.3.4, SR 3.3.4.2, DOC M.4, JFD 1).
5. BSI-6 proposes a change to the improved STS note that modifies
the precision heat balance SR to require the surveillance to be
performed within 30 days of reaching the specified power level vice
within 24 hours of reaching the specified power level (CTS 4.2.5.2 and
its note 2 do not contain a specified time limit in which to perform
the heat balance) (ITS 3.4.1, SR 3.4.1.4 note, DOC M.1, JFD 1).
6. BSIs-7-11 propose revising the improved STS note for verifying
reactor coolant pump (RCP) and residual heat removal (RHR) pump standby
pump breaker alignment and power availability every 7 days (and within
24 hours after the pump is not in operation) to remove the requirement
for performing the surveillance within 24 hours after the pump is not
in operation and considering the SR to be met for a pump just removed
from operation and to clarify that the starting time for the 7-day SR
begins ``when the pump is removed from operation'' instead of when the
pump ``is not in operation.'' The CTS SRs do not have a note containing
the 24-hour requirement for the RCPs and RHR pumps (ITS SR 3.4.5.3, DOC
L.3, JFD 2, SR 3.4.6.3, DOC L.4, JFD 2, SR 3.4.7.3, DOC L.5, JFD 4, SR
3.4.8.2, DOC L.4, JFD 3, and SR 3.5.9.2, DOC M.1, JFD 2).
7. BSI-12 proposes to change the improved STS 3.4.18, ``Isolated
Loop Startup,'' LCO and SRs related to the isolated loop temperature to
be more consistent with the BVPS safety analyses assumptions and CTS
RCP start restrictions. The improved STS requires that the isolated
loop temperature be no greater than 20[deg] below the operating loop
temperature before the cold leg isolation valve can be opened. The
licensee proposes to change this requirement to, ``the cold leg
temperature must be >= the minimum reactor coolant system (RCS)
temperature assumed in the analysis before the cold leg isolation valve
can be opened.'' In addition new temperature requirements are added
similar to the temperature restrictions for starting an RCP in ITS
3.4.7, ``RCS Loops-Mode 5'' (ITS 3.4.18, DOC M.1, JFDs 1 and 2).
8. BSIs-13 and 14 propose to remove the valve isolation times from
SR 3.7.2.1 for the main steam isolation valves (MSIVs), and SR 3.7.3.1
for the main feedwater isolation valves (MFIVs), main feedwater
regulating valves and associated bypass valves and replace the times
with a specific reference that the isolation time of each valve is
``within limits.'' The valve isolation times would be relocated to the
LRM and future changes would be controlled under 10 CFR 50.59. The
licensee states that this is consistent with the previously approved
relocation of other valve response times such as for containment
isolation valves. The CTS SR 4.7.1.5 for MSIVs would thus be changed;
however, the licensee has no CTS for MFIVs (ITS SR 3.7.2.1, DOC LA.1,
JFD 3, and ITS SR 3.7.3.1, DOC M.1, JFD 2).
9. BSIs-15-17 propose changes to the improved STS 3.7.7 and 3.7.8
to provide a new Action Condition C, rather than the application of LCO
3.0.3, for the case where 2 component cooling water (3.7.7) or 2
service water (3.7.8) trains are inoperable resulting in insufficient
cooling capacity for decay heat removal in Mode 4 such that the plant
cannot cool down to Mode 5 (ITS 3.7.7 and 3.7.8, DOC L.3, JFD 2).
10. BSI-18 proposes changes to ITS 3.7.9, Ultimate Heat Sink
[UHS],'' Action Condition B, such that the proposed Action does not
include the improved STS upper and lower temperature limits, but will
require more frequent monitoring of the UHS temperature when the single
BVPS limit for each unit is exceeded rather than an immediate unit
shutdown, and would require a unit shutdown when the UHS temperature
averaged over the previous 24 hours exceeds the limit (ITS 3.7.9 Action
A, DOC L.1, JFD 2).
11. BSI-19 proposes to modify the notes in improved STS SRs 3.8.1.2
and 3.8.1.3 to add the words ``or based on operating experience,'' to
supplement the phrase ``as recommended by the manufacturer'' (ITS SR
3.8.1.2 and SR 3.8.1.3, DOC L.19, JFD 17).
12. BSI-20 proposes to modify improved STS SR 3.8.1.5 by changing
the requirement to ``Check for and remove accumulated water from each
day tank [and engine mounted tank]'' to ``Check and remove water from
each engine mounted tank.'' A note has been added to indicate that this
is applicable to BVPS-1 only (ITS SR 3.8.1.5.1, DOC L.18, JFD 10).
13. BSI-21 proposes a note to ITS SR 3.8.2.1 to address the
surveillances (SRs 3.1.8.13 and 3.8.1.14) used to verify the capability
of the automatic load sequencer function of the emergency diesel
generators (EDGs). The note states that the load sequencer function SRs
only include the verification of loads applicable (necessary for
operability) in the shutdown modes of operation (Modes 5 and 6)
addressed by ITS 3.8.2 (ITS SR 3.8.2.1 Note 2, DOC L.3, JFD 5).
14. BSI-22 proposes to revise improved STS SR 3.8.2.1 by the
addition of Note 3. Proposed Note 3 to ITS SR 3.8.2.1 states, ``SR
3.8.1.14 is only required to be met with the use of an actual or
simulated loss of offsite power signal.'' SR 3.8.1.14 verifies the
response of the emergency bus and EDG to an engineered safety features
(ESF) signal in conjunction with a loss of offsite power. The proposed
note is intended to clarify that in the shutdown modes addressed by SR
3.8.2.1, there are no required ESF actuation signals. The ESF actuation
instrumentation specified in ITS 3.3.2 is only required to be operable
in Modes 1-4, and ITS 3.8.2, ``AC Sources Shutdown,'' is only
applicable in Modes 5 and 6 (ITS SR 3.8.2.1 Note 3, DOC L.3, JFD 6).
15. BSI-23 proposes to revise improved STS SR 3.9.3.3 by making
changes to ITS 3.9.3.c.2 intended to be consistent with the design and
licensing basis for BVPS-1 and 2. The LCO requirement that specifies
that each penetration providing direct access from the containment
atmosphere to the outside atmosphere be capable of being closed by an
OPERABLE Containment Purge and Exhaust Isolation System and its
associated surveillance (SR 3.9.3.3) are made applicable to Unit 2
only, and a provision is added for Unit 1 only (ITS 3.9.3.c.3) that
allows the Purge and Exhaust System penetrations to be open when the
system air is exhausted to an OPERABLE Supplemental Leak
[[Page 14557]]
Collection and Release System train (ITS 3.9.3.c.2, DOC L.1, JFD 3).
16. BSI-24 proposes to incorporate a note into ITS 3.9.5, ``RHR and
Coolant Circulation--Low Water Level,'' and ITS 3.9.4, ``RHR and
Coolant Circulation--High Water Level.'' NRC-approved TSTF-21 Revision
0, incorporated a Bases change to ITS 3.9.5 that provides an exception
to the requirement for the RHR loop to be circulating reactor coolant
to allow both RHR pumps to be aligned to the refueling water storage
tank (RWST) to support filling or draining of the refueling cavity or
for performance of required testing. This exception was incorporated
into NUREG-1431, Revision 3. In a letter dated April 29, 1999, from W.
D. Beckner, NRC, to J. Davis, Nuclear Energy Institute, the NRC
recommended that TSTF-21, Revision 0 be revised to include an LCO
exception note to remove the RHR loop from operation (i.e., from
circulating coolant) to support cavity fill and drain or to support
required testing. The licensee's note incorporates this NRC
recommendation which was not incorporated into TSTF-21, Revision 0 or
NUREG-1431, Revision 3 (ITS 3.9.4, LCO Note 3 and ITS 3.9.5, LCO Note
3, DOC L.4, JFD 3).
17. BSI-25 proposes to revise improved STS 5.5.4.b which states,
``The provisions of SR 3.0.2 are applicable to the above required
Frequencies [improved STS 5.5.4.a] for performing inservice testing
activities.'' The licensee states that the list in improved STS 5.5.4.a
lists some of the test intervals referenced in the inservice testing
requirements but is not a comprehensive list. The licensee proposes to
revise ITS 5.5.4.b to state, ``The provisions of SR 3.0.2 are
applicable to the above required Frequencies and other normal and
accelerated Frequencies specified in the Inservice Testing Program for
performing inservice testing activities.'' This would expand the
applicability of SR 3.0.2 provisions to all inservice testing
requirements intervals and not just those listed in ITS 5.5.4.a (ITS
5.5.4.b, DOC L.4, JFD 34).
18. BSI-26 proposes to incorporate pending TSTF-412, Revision 0,
which would provide actions and clarify the operability status when one
steam supply to a turbine driven auxiliary feedwater pump is
inoperable.
19. BSI-27 proposes to incorporate pending TSTF-451-T, Revision 0,
which would provide corrections to the battery monitoring and
maintenance program (Section 5.0) and the Bases of SR 3.8.4.2 (Section
3.8).
20. BSI-28 proposes to incorporate pending TSTF-453-T, Revision 2,
which would provide a new specification in Section 3.1 and revise
existing requirements in Section 3.3 to more completely address a rod
withdrawal from subcritical conditions (RWFS) event. The TSTF adds new
boron concentration operating restrictions during conditions when the
power range nuclear instrumentation may not be able to provide the
necessary trip function to protect against an RWFS event.
21. BSI-29 proposes to incorporate pending TSTF-472-T, Revision 0,
which corrects a Bases error introduced by implementation of NRC-
approved TSTF-283 (approved in November 2000). This affects Section
3.8.
22. BSI-30 proposes to incorporate pending TSTF-482, Revision 0,
which would provide editorial enhancements to the Bases for LCO 3.0.6.
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.
Within 60 days after the date of publication of this notice, 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 2.309, which is available at the
Commission's public document room (PDR), located at One White Flint
North, Public File Area 01F21, 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, https://
www.nrc.gov/reading-rm/doc-collections/cfr/. If a request for a hearing
or petition for leave to intervene is filed by the above date, the
Commission or a presiding officer designated by the Commission or by
the Chief Administrative Judge of the Atomic Safety and Licensing Board
Panel, will rule on the request and/or petition; and the Secretary or
the Chief Administrative Judge of the Atomic Safety and Licensing Board
will issue a notice of a hearing or an appropriate order.
As required by 10 CFR 2.309, a petition for leave to intervene
shall set forth with particularity the interest of the petitioner/
requestor 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 general requirements: (1) The name, address
and telephone number of the requestor or petitioner; (2) the nature of
the requestor's/petitioner's right under the Act to be made a party to
the proceeding; (3) the nature and extent of the requestor's/
petitioner's property, financial, or other interest in the proceeding;
and (4) the possible effect of any decision or order which may be
entered in the proceeding on the requestor's/petitioner's interest. The
petition must also identify the specific contentions which the
petitioner/requestor seeks to have litigated at the proceeding.
Each contention must consist of a specific statement of the issue
of law or fact to be raised or controverted. In addition, the
petitioner/requestor shall provide a brief explanation of the bases for
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. The
petition must include 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/requestor to relief. A petitioner/
requestor who fails to satisfy 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.
Nontimely requests and/or petitions and contentions will not be
entertained absent a determination by the Commission or the presiding
officer of the Atomic Safety and Licensing Board that the petition,
request and/or the contentions should be granted based on
[[Page 14558]]
a balancing of the factors specified in 10 CFR 2.309(a)(1)(i)-(viii).
A request for a hearing or a petition for leave to intervene must
be filed by: (1) First class mail addressed to the Office of the
Secretary of the Commission, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, Attention: Rulemaking and Adjudications
Staff; (2) courier, express mail, and expedited delivery services:
Office of the Secretary, Sixteenth Floor, One White Flint North, 11555
Rockville Pike, Rockville, Maryland, 20852, Attention: Rulemaking and
Adjudications Staff; (3) E-mail addressed to the Office of the
Secretary, U.S. Nuclear Regulatory Commission, HEARINGDOCKET@NRC.GOV;
or (4) facsimile transmission addressed to the Office of the Secretary,
U.S. Nuclear Regulatory Commission, Washington, DC, Attention:
Rulemakings and Adjudications Staff at (301) 415-1101, verification
number is (301) 415-1966. A copy of the request for hearing and
petition for leave to intervene should also be sent to the Office of
the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001, and it is requested that copies be transmitted either by
means of facsimile transmission to 301-415-3725 or by e-mail to
OGCMailCenter@nrc.gov. A copy of the request for hearing and petition
for leave to intervene should also be sent to David W. Jenkins,
Attorney, FirstEnergy Corporation, Mail Stop A-GO-18, 76 South Main
Street, Akron, OH 44308, attorney for the licensee.
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 February 25, 2005, which is available
for public inspection at the Commission's PDR, located at One White
Flint North, Public File Area O1 F21, 11555 Rockville Pike (first
floor), Rockville, Maryland. Publicly available records will be
accessible electronically from the ADAMS Public Electronic Reading Room
on the Internet at the NRC Web site, https://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 pdr@nrc.gov.
Dated at Rockville, Maryland, this 16th day of March 2006.
For the Nuclear Regulatory Commission.
Timothy G. Colburn,
Senior Project Manager, Plant Licensing Branch I-1, Division of
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. E6-4153 Filed 3-21-06; 8:45 am]
BILLING CODE 7590-01-P
