Detroit Edison 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. 50-341]

Detroit Edison 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 No.

NPF-43, issued to Detroit Edison Company (the licensee), for operation

of the Fermi 2 Plant located in Newport, Michigan.

The proposed amendment would modify current Technical Specification

(TS) 3.6.1.8 by adding footnote ``**'' to Action b. The footnote allows

continued operation of Fermi 2 with the leakage of penetration X-26

exceeding the limit in TS 4.6.1.8.2, provided certain compensatory

measures are taken. Operation would be allowed to continue until the

next plant shutdown. Because the NRC staff expects to issue the Fermi 2

improved standard TSs (ITS) in the near future, the licensee has also

provided a version of the TS amendment that would be compatible with

the ITS. This version adds a new special operations TS, ITS 3.10.8, to

address the compensatory actions and other requirements associated

penetration X-26.

Detroit Edison is requesting that this license amendment request be

processed in an exigent manner in accordance with 10 CFR 50.91(a)(6)

because the plant is currently operating under a Notification of

Enforcement Discretion (NOED) with respect to TS 3.6.1.8, Action b. In

accordance with NRC procedures described in the NRC Inspection Manual,

Part 9900, Notices of Enforcement Discretion, dated June 29, 1999, the

licensee applied for this license amendment within 48 hours after the

NRC staff issued the NOED on September 23, 1999. The NRC staff will

process this amendment in an exigent manner, as described in the

Inspection Manual, in order to minimize the time the plant is operated

under the NOED.

In its application, the licensee explained why it could not have

foreseen the need for this amendment. The amendment is needed to allow

continued plant operation after penetration X-26 unexpectedly failed

its local leak rate test on September 22, 1999. Based on the data it

collected, the licensee believes the high leakage is passing through

inboard containment isolation valve T4803F601. The results of previous

local leak rate tests had not indicated any adverse trend in the leak

tightness of this penetration.

The staff has determined that the licensee used its best efforts to

make a timely application for the proposed changes and that exigent

circumstances do exist and were not the result of any intentional delay

on the part of the licensee.

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 involve a significant increase

in the probability or consequences of an accident previously

evaluated.

The proposed change revises the acceptance criteria for Drywell

Air Purge Penetration X-26 to allow continued operation with inboard

isolation valve T4803F601 exceeding the leakage rate. The T4803F601

is not an initiator of an event or involved in accident initiation

sequence. Therefore, the proposed change does not involve an

increase in the probability of an accident.

The T4803F601 or the outboard isolation valves must close to

isolate penetration X-26. With the penetration isolated by the

outboard isolation valves, failure of the T4803F601 would involve no

significant increase in consequences of an accident since the

containment function is preserved. Therefore, failure of the

T4803F601 does not involve an increase in the probability or

consequences of an accident.

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

or different kind of accident from any accident previously

evaluated.

The T4803F601 is an inboard containment isolation valve. The

safety function of the valve is to provide for containment

penetration X-26 post accident isolation. T4803F601 and two outboard

isolation valves T4800F407 and T4800F408 comprise the penetrations

isolation. The valves safety function is to close and remain closed.

The outboard isolation valves are normally closed isolation valves

that will be closed and deactivated. Therefore, no new or different

types of failures or accident initiators are introduced by the

proposed change.

3. The change does not involve a significant reduction in the

margin of safety.

Operating with excessive leakage on T4803F601 places additional

reliance on T4800F407 and T4800F408, as they would be the single

containment barrier. The change includes closing and deactivating

the outboard containment isolation valves that are normally closed

to provide assurance the penetration is isolated. Closing and

deactivating these valves eliminates the potential that any active

failure could lead to loss of function. Past leak performance and

ongoing periodic leak testing minimize the potential that passive

failures would occur for these valves. The change does not involve a

new mode of operation or change to the UFSAR [Updated Final Safety

Analysis Report] transient analyses. Therefore, the proposed change

does not involve a significant 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 14 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 14-day notice period. However, should circumstances

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

way would

[[Page 53422]]

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

Commission may issue the license amendment before the expiration of the

14-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 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 November 1, 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 Monroe County Library System, Ellis

Reference and Information Center, 3700 South Custer Road, Monroe,

Michigan 48161. 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.

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 20555-0001, 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 John Flynn, Esq., Detroit Edison

Company, 2000 Second Avenue, Detroit, Michigan 48226, 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 September 24, 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 Monroe County Library System,

Ellis Reference and Information Center, 3700 South Custer Road, Monroe,

Michigan 48161.

[[Page 53423]]

Dated at Rockville, Maryland, this 27th day of September 1999.

For the Nuclear Regulatory Commission.

Andrew J. Kugler,

Project Manager, Section 1, Project Directorate III, Division of

Licensing Project Management, Office of Nuclear Reactor Regulation.

[FR Doc. 99-25578 Filed 9-30-99; 8:45 am]

BILLING CODE 7590-01-P