Illinois Power Co.; Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing

NUCLEAR REGULATORY COMMISSION

[Docket No. 50-461]

Illinois Power Co.; 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-62, issued to the Illinois Power Company (the licensee), for

operation of the Clinton Power Station, Unit 1, located in DeWitt

County, Illinois.

The proposed amendment would modify Technical Specification 3/

4.4.3.1, ``Reactor Coolant System Leakage--Leakage Detection Systems,''

to permit continued plant operation with inoperable drywell floor drain

sump flow rate monitoring instrumentation. Continued plant operation

would be permitted until the first time the plant is required to be

brought to COLD SHUTDOWN after July 10, 1994.

Technical Specification 3/4.4.3.1 requires that systems capable of

monitoring unidentified reactor coolant system leakage rates remain

operable. Rector coolant system leakage that falls on the drywell

floors is channeled through the floor drains and enters the drywell

floor drain sump. Prior to entering the floor drain sump, water passes

through the drywell floor drain sump flow monitoring instrumentation

where the instantaneous flow rates and total integrated flow are

measured. The flow monitoring instrumentation consists of a V-notch

weir box containing a capacitance probe. Water flows through a V-notch

water level which is directly proportional to the flow through the weir

box. Thus, flow through the V-notch is equal to the sump inlet flow

rate. The capacitance probe is calibrated to correspond to the incoming

flow rate and provides a continuous control room indication of the

unidentified reactor coolant system leakage rate. An alarm is generated

when the technical specification limit of 5 gpm of unidentified leakage

occurs. The V-notch weir box instrumentation meets the accuracy and

sensitivity requirements of Regulatory Guide 1.45 for drywell floor

drain sump flow monitoring.

The licensee began to observe questionable readings from the

indicated drywell floor drain sump inlet flow and subsequently declared

the drywell floor drain sump monitoring instrumentation inoperable on

June 10, 1994. Technical Specification 3.4.3.1 permits 30 days of

continuous plant operation provided the drywell floor drain sump flow

rate is monitored and determined by alternative means at least once

every 8 hours.

All efforts by the licensee to restore the drywell sump inlet flow

monitoring instrumentation to operable status have been unsuccessful.

The instrument loop has been recalibrated and equipment external to the

drywell has been verified to be operating properly. The only option

remaining for the licensee is to enter the drywell in order to examine

the V-notch weir box and associated capacitance probe. However, the V-

notch weir box is located in a keyway beneath the reactor vessel and

inside the biological shield wall. Due to the high radiation and

temperatures in this location, a plant shutdown would be required

before personnel would be able to reach the instrumentation.

In a letter dated June 20, 1994, the licensee requested that this

amendment application be treated as an emergency because unless

approved, technical specifications would require a plant shutdown. The

licensee stated that such action would be necessary to preclude an

unnecessary plant transient and related plant risk associated with a

plant shutdown. Due to time constraints, sufficient time is not

available to permit the customary public notices in advance of this

action.

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.

Pursuant to 10 CFR 50.91(a)(6) for amendments to be granted under

exigent circumstances, the NRC staff must determine that the amendment

request involves no significant hazards consideration. Under the

Commission's regulations in 10 CFR 50.92, this means that operation of

the facility in accordance with the proposed amendment would not (1)

involve a significant increase in the probability or consequences of an

accident previously evaluated; or (2) create the possibility of a new

or different kind of accident from any accident previously evaluated;

or (3) involve a significant reduction in a margin of safety. As

required by 10 CFR 50.91(a), the licensee has provided its analysis of

the issue of no significant hazards consideration, which is presented

below:

(1) The proposed change does not affect any initiators of any

previously evaluated accidents. Additionally, the proposed change

involves equipment that only provides indication and therefore, it

cannot increase the probability of any accident previously

evaluated.

As stated in Updated Safety Analysis Report (USAR) Section

7.7.1.24.1, no credit is taken in the safety analysis for operation

of or operator reliance upon the leakage detection monitoring

instrumentation associated with the drywell sumps. Notwithstanding,

the drywell floor drain sump flow monitoring system provides the

capability to detect and measure leakage from unknown sources of

leakage in the drywell. The drywell floor drain sump inlet flow

monitoring V-notch weir box instrumentation is designed to meet the

accuracy requirements of Regulatory Guide 1.45. This instrumentation

does not provide any automatic action or control functions. In

addition to the V-notch system, drywell floor drain sump flow rates

can be determined by using the sump pump pump-out timers, cycle

counters and level switches. In addition, unidentified leakage into

the drywell is monitored by a flow rate meter in the condensate

discharge line from the drywell air coolers and by a particulate and

a gaseous radiation monitoring channel of the drywell fission

product monitor. While the drywell fission product monitor does not

provide a quantitative leakage rate, it is sensitive enough to

provide plant operators with early indication of an unanticipated

increase in unidentified leakage. Furthermore, a number of other

parameters are monitored with appropriate instrumentation to provide

the plant operators with indirect indication of increases in

unidentified leakage. These parameters include drywell pressure and

drywell temperature. These alternative methods of detecting

increases in unidentified leakage rates provide operators with

sufficient information to take appropriate action to respond to an

increase in leakage. Based on the above, Illinois Power concludes

that the proposed change will not increase the consequences of any

accident previously evaluated.

(2) The proposed change does not involve any modification to

plant structures or components and only involves equipment that

provides indication of leakage to the plant operators. The affected

equipment does not provide any automatic action or control

functions. As a result, the proposed change does not involve a

change in the operation of the plant, nor does it introduce any new

failure modes. Therefore, this proposed change cannot create the

possibility of a new or different kind of accident from any accident

previously evaluated.

(3) The margin of safety associated with the instrumentation

affected by the proposed change may be related to the limits on

unidentified leakage. As stated in the Bases for Technical

Specification 3/4.4.3.2. ``The allowable leakage rates from the

reactor coolant system have been based on the predicted and

experimentally observed behavior of cracks in pipes . . . The

evidence obtained from experiments suggests that for leakage

somewhat greater than that specified for unidentified leakage the

probability is small that the imperfection or crack associated with

such leakage would grow rapidly. With respect to Intergranular

Stress Corrosion Cracking (IGSCC) related cracks in service

sensitive austenitic stainless steel piping however, an additional

limit on the allowed increase in unidentified leakage (within a 24-

hour period or less) is imposed in accordance with NRC Generic

Letter 88-01, `NRC Position on IGSCC in BWR Austenitic Stainless

Steel Piping,' since an abrupt increase in the unidentified leakage

could be indicative of leakage from such a source.'' The proposed

change does not alter any of these limits on the unidentified

leakage.

As previously described, flow rates into the drywell floor drain

sump can be determined based on the indicated run time for the sump

pumps and the known pump flow rates or by monitoring the sump fill-

up times and considering the volume corresponding to the current

level control band. These alternate methods are sufficient to

determine whether unidentified leakage in the drywell exceeds the 5

pgm limit and whether changes in this leakage exceed the limit of a

2 gpm increase in any 24-hour period or less.

Additionally, with respect to the ability to detect changes in

unidentified leakage rates, in addition to the V-notch system,

drywell floor drain sump flow rates can be determined by using the

sump pump pump-out timers, cycle counters and level switches. In

addition, unidentified leakage into the drywell is monitored by a

flow rate meter in the condensate discharge line from the drywell

air coolers and by a particulate and a gaseous radiation monitoring

channel of the drywell fission product monitor. While the drywell

fission product monitor does not provide a quantitative leakage

rate, it is sensitive enough to provide plant operators with early

indication of an unanticipated increase in the unidentified leakage

rate involving reactor coolant. Furthermore, a number of other

parameters are monitored with appropriate instrumentation to provide

the plant operators with indirect indication of increases in

unidentified leakage. These parameters include drywell pressure and

drywell temperature.

As stated above, the drywell floor drain sump flow monitoring

instrumentation does not provide any automatic action or control

functions. Further, as stated in USAR Section 7.7.1.24.1, no credit

is taken in the safety analysis for operation of or operator

reliance upon the leakage detection monitoring instrumentation

associated with the drywell sumps.

In light of all the above, Illinois Power concludes that the

proposed change does not involve a reduction in the 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 15 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 15-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 15-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. The Commission expects that the need to

take this action will occur very infrequently.

Written comments may be submitted by mail to the Rules Review and

Directives Branch, Division of Freedom of Information and Publications

Services, Office of Administration, U.S. Nuclear Regulatory Commission,

Washington, DC 20555, and should cite the publication date and page

number of this Federal Register notice. Written comments may also be

delivered to Room 6D22, Two White Flint North, 11555 Rockville Pike,

Rockville Maryland, from 7:30 a.m. to 4:15 p.m. Federal workdays.

Copies of written comments received may be examined at the NRC Public

Document Room, the Gelman Building, 2120 L Street NW., Washington, DC

20555.

The filing of requests for hearing and petitions for leave to

intervene is discussed below.

By July 22, 1994, 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, the Gelman

Building, 2120 L Street, NW., Washington, DC 20555 and at the local

public document room located at the Vespasian Warner Public Library,

120 West Johnson Street, Clinton, Illinois, 61727. 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 particularly the interest of the petitioner in the

proceeding, and how that interest may be affected by the results of the

proceeding. The petition should specifically explain the reasons why

intervention should be permitted with particular reference to the

following factors: (1) The nature of the petitioner's right under the

Act to be made a party to the proceeding; (2) the nature and extent of

the petitioner's property, financial, or other interest in the

proceeding; and (3) the possible effect of any order which may be

entered in the proceeding on the petitioner's interest. The petition

should also identify the specific aspect(s) of the subject matter of

the proceeding as to which petitioner wishes to intervene. Any person

who has filed a petition for leave to intervene or who has been

admitted as a party may amend the petition without requesting leave of

the Board up to 15 days prior to the first prehearing conference

scheduled in the proceeding, but such an amended petition must satisfy

the specificity requirements described above.

Not later than 15 days prior to the first prehearing conference

scheduled in the proceeding, a petitioner shall file a supplement to

the petition to intervene which must include a list of the contentions

which are sought to be litigated in the matter. Each contention must

consist of a specific statement of the issue of law or fact to be

raised or controverted. In addition, the petitioner shall provide a

brief explanation of the bases of the contention and a concise

statement of the alleged facts or expert opinion which support the

contention and on which the petitioner intends to rely in providing 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 significant

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 the amendment is issued before the expiration of the 30-day

hearing period, the Commission will make a final determination on the

issue of no significant hazards consideration. If a hearing is

requested, the final determination will serve to decide when the

hearing is held.

If the final determination is that the amendment request involves

no significant hazards consideration, the Commission may issue the

amendment and make it immediately effective, notwithstanding the

request for a hearing. Any hearing held would take place after issuance

of the amendment.

If the final determination is that the amendment request involves a

significant hazards consideration, any hearing held would take place

before the issuance of any amendment.

A request for a hearing or a petition for leave to intervene must

be filed with the Secretary of the Commission, U.S. Nuclear Regulatory

Commission, Washington, DC 20555, Attention: Docketing and Services

Branch, or may be delivered to the Commission's Public Document Room,

the Gelman Building, 2120 L Street NW., Washington, DC 20555, by the

above date. Where petitions are filed during the last 10 days of the

notice period, it is requested that the petitioner promptly so inform

the Commission by a toll-free telephone call to Western Union at 1-

(800) 248-5100 (in Missouri 1-(800) 342-6700. The Western Union

operator should be given Datagram Identification Number N1023 and the

following message addressed to John Hannon, Director, Project

Directorate III-3; petitioner's name and telephone number, date

petition was mailed, plant name, and publication date and page number

of this Federal Register notice. A copy of the petition should also be

sent to the Office of the General Counsel, U.S. Nuclear Regulatory

Commission, Washington, DC 20555, and to Sheldon Zabel, Esq., Schiff,

Hardin and Waite, 7200 Sears Tower, 233 Wacker Drive, Chicago, Illinois

60606, 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 June 20, 1994, which is available for

public inspection at the Commission's Public Document Room, the Gelman

Building, 2120 L Street, NW., Washington, DC 20555, and at the local

public document room, located at the Vespasian Warner Public Library,

120 West Johnson Street, Clinton, Illinois 61727.

For the Nuclear Regulatory Commission.

Douglas V. Pickett,

Acting Director, Project Directorate III-3, Division of Reactor

Projects-III-IV, Office of Nuclear Reactor Regulation.

[FR Doc. 94-15266 Filed 6-21-94; 8:45 am]

BILLING CODE 7590-01-M