Wisconsin Electric Power Company; Notice of 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. 50-266 and 50-301]

Wisconsin Electric Power Company; 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 Nos.

DPR-24 and DPR-27, issued to Wisconsin Electric Power Company (the

licensee), for operation of the Point Beach Nuclear Plant (PBNP), Units

1 and 2, located in Manitowoc County, Wisconsin.

The proposed amendments would modify Point Beach Nuclear Plant

Technical Specifications (TS) 15.3.4, ``Steam and Power Conversion

System,'' and 15.3.7, ``Auxiliary Electrical Systems,'' to increase the

allowed outage times for one motor driven auxiliary feedwater pump and

for the standby emergency power for the Unit 1 Train B 4160 Volt

safeguards bus (A06) from 7 to 12 days. The proposed amendments would

also modify TS 15.3.3, ``Emergency Core Cooling System, Auxiliary

Cooling Systems, Air Recirculation Fan Coolers, and Containment

Spray,'' to provide the clarification that the service water pump (P-

32E) operating with power supplied by the Alternative Shutdown System

is operable from offsite power. The changes are one-time extensions of

specific allowed outage times.

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 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 license has provided its analysis of

the issue of no significant hazards consideration. The NRC staff has

reviewed the licensee's analysis against the standards of 10 CFR

50.92(c). The staff's review is presented below:

Operation of the facility in accordance with the proposed amendment

will not involve a significant increase in the probability or

consequences of an accident previously evaluated. The probability of an

accident previously evaluated will not be significantly increased

because no changes are being made to the facility or to its operation

which can significantly affect the potential for an accident. The only

change is an extension of an already acceptable allowed outage time.

The consequences of an accident previously evaluated will not be

significantly increased because the licensee is taking compensatory

measures to offset the increased outage time. These measures include

verified operability of the gas turbine generator, cessation of

maintenance and test activities that could cause loss of required

equipment, assurance of at least three offsite power sources, and on-

call status of a senior reactor operator with detailed knowledge of the

planned evolutions.

Operation of the facility in accordance with the proposed amendment

will not create the possibility of a new or different kind of accident

from any accident previously evaluated. The amendment only extends the

allowed outage time. The changes do not affect the manner in which

equipment can fail such that a new or different kind of accident can

occur.

Operation of the facility in accordance with the proposed amendment

will not involve a significant reduction in a margin of safety because

compensatory measures are being taken (discussed above) to compensate

for the increase in the allowed outage time.

Based on this review, it appears that the three standards of 10 CFR

50.92(c) are satisfied. Therefore, the NRC staff proposes to determine

that the amendment request involves no significant hazards

consideration.

The Commission is seeking public comments on this proposed

determination. Any comments received within 30 days after the date of

publication of this notice will be considered in making any final

determination.

Normally, the Commission will not issue the amendment until the

expiration of the 30-day notice period. However, should circumstances

change during the notice period such that failure to act in a timely

way would result, for example, in derating or shutdown of the facility,

the Commission may issue the license amendment before the expiration of

the 30-day notice period, provided that its final determination is that

the amendment involves no significant hazards consideration. The final

determination will consider all public and State comments received.

Should the Commission take this action, it will publish in the Federal

Register a notice of issuance and provide for opportunity for a hearing

after issuance. The Commission expects that the need to take this

action will occur very infrequently.

Written comments may be submitted by mail to the 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, 11545 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 September 19, 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 Joseph P. Mann Library, 1516

Sixteenth Street, Two Rivers, Wisconsin 54241. 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 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, 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 Gerald Charnoff, Esq., Shaw,

Pittman, Potts, and Trowbridge, 2300 N Street, NW., Washington, DC

20037, attorney for the licensee.

Nontimely filings of petitions for leave to intervene, amended

petitions, supplemental petitions and/or requests for hearing will not

be entertained absent a determination by the Commission, the presiding

officer or the presiding Atomic Safety and Licensing Board that the

petition and/or request should be granted based upon a balancing of the

factors specified in 10 CFR 2.714(a)(1) (i)-(v) and 2.714(d).

For further details with respect to this action, see the

application for amendment dated August 9, 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 Joseph P. Mann Library, 1516

Sixteenth Street, Two Rivers, Wisconsin 54241.

Dated at Rockville, Maryland, this 15th day of August.

For the Nuclear Regulatory Commission.

Allen Hansen,

Project Manager, Project Directorate III-3, Division of Reactor

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

[FR Doc. 94-20417 Filed 8-18-94; 8:45 am]

BILLING CODE 7590-01-M