# 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

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/fr%3A94-20417

## Record

- **Collection:** Federal Register
- **Document type:** Uncategorized Document
- **Published:** August 19, 1994

## Text

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

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-20417. Public record. Not legal advice.