Wolf Creek Nuclear Operating Corporation; 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. 50-482]

Wolf Creek Nuclear Operating Corporation; 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 No.

NPF-42 issued to Wolf Creek Nuclear Operating Corporation (the

licensee) for operation of the Wolf Creek Generating Station (WCGS)

located in Coffey County, Kansas.

The proposed amendment request dated June 30, 1999, would revise

Technical Specification (TS) 3/4.7.5 of the current TSs by adding a

temporary action statement that would allow the plant to operate for up

to 12 hours with an inlet temperature up to but less than 95 degrees F.

The current TS limit is 90 degrees F. This new action statement would

be temporary in that it would be effective until September 30, 1999,

after the summer. This action statement was added to the current TSs in

Amendment 118 dated July 18, 1998, but it was only effective until

September 30, 1998. Amendment 118 was issued because in 1998 the WCGS

cooling lake that provides inlet water to the plant exceeded 89 degrees

F and, due to predictions for continuing harsh meteorological

conditions throughout the summer of 1998, the concern existed that the

plant inlet temperature would exceed 90 degrees F and the plant would

be forced to have an unnecessary shutdown. The licensee submitted a

permanent change to TS 3/4.7.5 on January 12, 1999; however, the

Commission considers this proposed change to be generic in nature and

should be reviewed as a change to NUREG-1431, Standard Technical

Specifications, Westinghouse Plants.'' NUREG-1431 is the standard for

the Improved Technical Specifications that were issued for WCGS in

Amendment 123 dated March 31, 1999. To allow the Commission sufficient

time to review the generic change to NUREG-1431, the licensee was

requested to resubmit the temporary change approved in Amendment 118

with the temporary change being effective until September 30, 1999, for

the warm weather of this summer. This is the change submitted by the

licensee on June 30, 1999.

The proposed change is only to the current TSs because the improved

TSs issued in Amendment 123 will become effective after September 30,

1999, when this temporary change is no longer valid.

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 licensee has provided its analysis of

the issue of no significant hazards consideration, which is presented

below:

1. The proposed change does not involve a significant increase

in the probability or consequences of an accident previously

evaluated.

The proposed change does not involve any physical alteration of

plant systems, structures or components. The proposed change

provides an allowed time [12 hours] for the plant to continue

operation with plant inlet water temperature in excess of the

current technical specification limit of 90 deg.F, but less than the

design limit of 95 deg.F for plant components. The plant inlet water

temperature is not assumed to be an initiating condition of any

accident analysis evaluated in the updated safety analysis report

(USAR). Therefore, the allowance of a limited time for the water

temperature to be in excess of the current limit does not involve an

increase in the probability of an accident previously evaluated in

the USAR. The UHS [ultimate heat sink] supports operability of

safety related systems used to mitigate the consequences of an

accident. Plant operation for brief periods with plant inlet water

temperature greater than 90 deg.F but less than 95 deg.F will not

adversely affect the operability of these safety-related systems and

will not adversely impact the ability of these systems to perform

their safety-related functions. Therefore, the proposed change does

not involve a significant increase in the probability or

consequences of an accident previously evaluated in the USAR.

2. The proposed change does not create the possibility of a new

or different kind of accident from any previously evaluated.

The proposed change does not involve any physical alteration of

plant systems, structures or components. The temperature of the

plant inlet water being greater than 90 deg.F but less than 95 deg.F

for a short period [12 hours] does not introduce new failure

mechanisms for systems, structures or components not already

considered in the USAR. Therefore, the possibility of a new or

different kind of accident from any accident previously evaluated is

not created.

3. The proposed change does not involve a significant reduction

in the margin of safety.

The proposed change will allow an increase in plant inlet water

temperature above the current technical specification limit of

90 deg.F for the Ultimate Heat Sink, and delay the requirement to

shutdown the plant when the plant inlet water system temperature

limit is exceeded for 12 hours. The proposed change does not alter

any safety limits, limiting safety system settings, or limiting

conditions for operation [except for TS 3/4.7.5], and the proposed

temperature increase will remain below the design limit cooling

water input value for safety-related equipment. Thus, the proposed

change does not involve a significant reduction in any 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.

[[Page 38222]]

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 Chief, Rules and

Directives Branch, Division of Administrative Services, Office of

Administration, U.S. Nuclear Regulatory Commission, Washington, DC

20555-0001, and should cite the publication date and page number of

this Federal Register notice. Written comments may also be delivered to

Room 6D59, 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.

The filing of requests for hearing and petitions for leave to

intervene is discussed below.

By August 16, 1999, 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, and at the local public

document room located at the Emporia State University, William Allen

White Library, 1200 Commercial Street, Emporia, Kansas 66801 and

Washburn University School of Law Library, Topeka, Kansas 66621. 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 20555-0001, Attention: Rulemakings and

Adjudications Staff, or may be delivered to the Commission's Public

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

by the above date. 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 Jay Silberg, 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

[[Page 38223]]

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 30, 1999, 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 Emporia State University, William Allen

White Library, 1200 Commercial Street, Emporia, Kansas 66801 and

Washburn University School of Law Library, Topeka, Kansas 66621.

Dated at Rockville, Maryland, this 8th day of July 1999.

For the Nuclear Regulatory Commission.

Jack N. Donohew,

Project Manager, Section 2, Project Directorate IV & Decommissioning,

Division of Licensing Project Management, Office of Nuclear Reactor

Regulation.

[FR Doc. 99-18056 Filed 7-14-99; 8:45 am]

BILLING CODE 7590-01-P