Arizona Public Service Company; Notice of Consideration of Issuance of Amendments to Facility Operating Licenses and Opportunity for a Hearing

NUCLEAR REGULATORY COMMISSION

[Docket Nos. STN 50-528, STN 50-529, and STN 50-530]

Arizona Public Service Company; Notice of Consideration of

Issuance of Amendments to Facility Operating Licenses and Opportunity

for a Hearing

The U.S Nuclear Regulatory Commission (the Commission) is

considering issuance of amendments to Facility Operating License Nos.

NPF-41, NPF-51, and NPF-74 issued to the Arizona Public Service Company

(APS or the licensee) for operation of the Palo Verde Nuclear

Generating Station, Unit Nos. 1, 2, and 3, located in Maricopa County,

Arizona.

The proposed amendments, requested by the licensee in a letter

dated October 4, 1996, as supplemented by letter dated March 16, 1997,

would represent a full conversion from the current Technical

Specifications (TSs) to a set of TS based on NUREG-1432, Revision 1,

``Standard Technical Specifications, Combustion Engineering Plants''

dated April 1995. NUREG-1432 has been developed through working groups

composed of both NRC staff members and industry representatives and has

been endorsed by the staff as part of a industry-wide initiative to

standardize and improve TS. 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 current Palo Verde Nuclear

Generating Station (PVNGS) TSs, and, using NUREG-1432 as a basis,

developed a proposed set of improved

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TSs for PVNGS. The criteria in the final policy statement were

subsequently added to 10 CFR 50.36, ``Technical Specifications,'' in a

rule change which was published in the Federal Register on July 19,

1995 (60 FR 36953) and became effective on August 18, 1995.

The licensee has categorized the proposed changes to the existing

TSs into six general groupings. These groupings are characterized as

administrative changes, relocated changes, more restrictive changes,

less restrictive changes, other relocated changes, and other less

restrictive changes.

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 operational requirement. The reformatting,

renumbering and rewording process reflects the attributes of NUREG-1432

and do not involve technical changes to the existing TSs. The proposed

changes include (a) Providing the appropriate numbers, etc., for NUREG-

1432 bracketed information (information which 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-1432 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.

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 the TSs. Relocated changes

are those current TS requirements which do not satisfy or fall within

any of the four criteria specified in the Commission's policy statement

and may be relocated to appropriate licensee-controlled documents.

The licensee's application of the screening criteria is described

in Attachment (1) of its October 4, 1996, application titled

``Application of the TS Criteria (Split Report)'' in Volume 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 TS to administratively controlled

documents such as the Updated Final Safety Analysis Report (UFSAR), the

BASES, the Technical Requirements Manual (TRM) or other licensee-

controlled documents. Changes made to these documents will be made

pursuant to 10 CFR 50.59 or other appropriate control mechanisms. In

addition, the affected structures, systems, components or variables are

addressed in existing surveillance procedures which are also subject to

10 CFR 50.59. These proposed changes will not impose or eliminate any

requirements.

More restrictive changes are those involving more stringent

requirements for operation of the facility or eliminate existing

flexibility. These more stringent requirements do not result in

operation that will alter assumptions relative to 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 current PVNGS TSs that is more restrictive than the corresponding

requirement in NUREG-1432 which the licensee proposes to retain in the

improved Technical Specifications (ITSs), they have provided an

explanation of why they have concluded that retaining the more

restrictive requirement is desirable to ensure safe operation of the

facilities because of specific design features of the plant.

Less restrictive changes are those where current requirements are

relaxed or eliminated, or new 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 ITSs. Generic relaxations contained in NUREG-

1432 were reviewed by the staff and found to be acceptable because they

are consistent with current licensing practices and NRC regulations.

The licensee's design will be reviewed to determine if the specific

design basis and licensing basis are consistent with the technical

basis for the model requirements in NUREG-1432 and thus provides a

basis for these revised TSs or if relaxation of the requirements in the

current TSs is warranted based on the justification provided by the

licensee.

Other changes from the current TS requirements will involve

relocating details of requirements and surveillances for these affected

structures, systems, components or variables to administratively

controlled documents such as the UFSAR, the Bases, the TRM or other

licensee-controlled documents. Changes made to these documents will be

made pursuant to 10 CFR 50.59 or other appropriate control mechanisms.

In addition, the affected structures, systems, components or variables

are addressed in existing surveillance procedures which are subject to

10 CFR 50.59. These proposed changes will not impose or eliminate any

requirements.

Other less restrictive changes are additional changes that result

in less restrictions in the TS which are discussed individually in the

licensee's submittal. In addition to the changes solely involving the

conversion, changes are proposed to the current technical

specifications or as deviations from the improved CE Technical

Specifications (NUREG-1432) as follows:

1. Limiting Condition for Operation (LCO) 3.6.1.5, containment

air temperature is being revised to incorporate instrument

uncertainties.

2. LCO 3.6.2.1, containment spray system applicability is being

revised to specify that in Modes 1, 2, 3, and 4* with the asterisk

meaning ``only when shutdown cooling is not in operation.''

3. Surveillance Requirement 4.6.2.1.c, containment spray header

piping water level is being revised to include instrument

uncertainty.

4. Surveillance Requirement 4.6.4.3.d.1, allowable pressure drop

across the hydrogen purge filtration unit is being revised as a

result of a revised analysis.

5. Surveillance Requirement 4.3.2.1, frequency testing of the

engineered safety feature actuation system (ESFAS) subgroup relays

is being extended in accordance with CE Topical Report CEN-403,

Revision 1-A and the associated safety evaluation issued by the NRC.

6. Applicability Note for LCO 3.5.1, safety injection tank

minimum nitrogen cover pressure is being revised to include

instrument uncertainties.

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.

By May 14, 1997, 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

[[Page 18155]]

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, and at the local public

document room located at the Phoenix Public Library, 1221 N. Central

Avenue, Phoenix, Arizona 85004. 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 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 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.

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

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

Commission, Washington, DC 20555-0001, Attention: Docketing and

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

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

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 William H. Bateman, Director, Project

Directorate IV-2: 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 20555-0001, and to Nancy C. Loftin, Esq., Corporate

Secretary and Counsel, Arizona Public Service Company, P.O. Box 53999,

Mail Station 9068, Phoenix, Arizona 85072-3999, 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).

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 October 4, 1996, as supplemented by

letter dated March 16, 1997, which is available for public inspection

at the Commission's Public Document Room, the Gelman Building, 2120 L

Street, NW., Washington, DC, and at the local public document room

located at the Phoenix Public Library, 1221 N. Central Avenue, Phoenix,

Arizona 85004.

Dated at Rockville, Maryland, this 3rd day of April 1997.

For the Nuclear Regulatory Commission.

Charles R. Thomas,

Project Manager, Project Directorate IV-2, Division of Reactor Projects

III/IV, Office of Nuclear Reactor Regulation.

[FR Doc. 97-9560 Filed 4-11-97; 8:45 am]

BILLING CODE 7590-01-P