Niagara Mohawk Power Corporation; Notice of Consideration of Issuance of Amendment to Facility Operating License and Opportunity for a Hearing

NUCLEAR REGULATORY COMMISSION

[Docket No. 50-410]

Niagara Mohawk Power Corporation; Notice of Consideration of

Issuance of Amendment to Facility Operating License and Opportunity for

a Hearing

The U.S. Nuclear Regulatory Commission (the Commission or NRC)

[[Page 56519]]

is considering issuance of an amendment to Facility Operating License

No. NPF-69, issued to the Niagara Mohawk Power Corporation (NMPC or the

licensee), for operation of the Nine Mile Point Nuclear Station, Unit

No. 2 (NMP2), located in Oswego County, New York.

The proposed amendment, requested by the licensee in a letter dated

October 16, 1998, was supplemented by letters dated December 30, 1998,

May 10, June 15, July 30, August 2, 11, 16, 19, 27, September 10, and

30, 1999. The application requests a full conversion from the current

Technical Specifications (CTS) to a set of improved Technical

Specifications (ITS) based on NUREG-1433 and NUREG-1434, ``Standard

Technical Specifications (STS) for General Electric Plants, BWR/4 and

BWR/6,'' Revision 1, dated April 1995. NUREG-1433 and NUREG-1434 have

been developed by the Commission's staff through working groups

composed of both NRC staff members and industry representatives, and

have been endorsed by the NRC staff as part of an industry-wide

initiative to standardize and improve the Technical Specifications (TS)

for nuclear power plants. 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 CTS, and, using NUREG-1433 and

NUREG-1434 as a basis, proposed an ITS for NMP2. The criteria in the

Final Policy Statement were subsequently added to 10 CFR 50.36,

``Technical Specifications,'' in a rule change that 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 CTS into

four general groupings. These groupings are characterized as

administrative changes, relocated changes, more restrictive changes,

and 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 operating requirement. The reformatting,

renumbering and rewording process reflect the attributes of NUREG-1433

and NUREG-1434 and does not involve technical changes to the existing

TS. The proposed changes include (a) providing the appropriate numbers,

etc., for NUREG-1433 and NUREG-1434 bracketed information (information

that 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-1433 and NUREG-1434 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 TS. Relocated changes

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

any of the four criteria specified in 10 CFR 50.36(c)(2)(ii) and may be

relocated to appropriate licensee-controlled documents.

The licensee's application of the screening criteria is described

in Attachment 1 of the licensee's October 16, 1998, submittal, which is

entitled, ``Application of Selection Criteria to NMP2 Technical

Specifications'' (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 quality assurance program, the final safety analysis report (FSAR),

the ITS BASES, the Technical Requirements Manual (TRM) that is

incorporated by reference in the FSAR, the Core Operating Limits Report

(COLR), the Offsite Dose Calculation Manual (ODCM), the Inservice

Testing (IST) Program, or other licensee-controlled documents. Changes

made to these documents will be made pursuant to 10 CFR 50.59 or other

appropriate control mechanisms, and may be made without prior NRC

review and approval. In addition, the affected structures, systems,

components, or variables are addressed in existing surveillance

procedures that 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 compared to the CTS for operation of the facility. These

more stringent requirements do not result in operation that will alter

assumptions relative to the 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 STS that is more

restrictive than the CTS that the licensee proposes to adopt in the

ITS, the licensee has provided an explanation as to why it has

concluded that adopting the more restrictive requirement is desirable

to ensure safe operation of the facility because of specific design

features of the plant.

Less restrictive changes are those where CTS requirements are

relaxed or eliminated, or new plant operational 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 TS 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 Improved Standard Technical

Specifications (ISTS). Generic relaxations contained in NUREG-1433 and

NUREG-1434 were reviewed by the NRC staff and found to be acceptable

because they are consistent with current licensing practices and NRC

regulations. The licensee's design is being reviewed to determine if

the specific design bases and licensing bases are consistent with the

technical bases for the model requirements in NUREG-1433 and NUREG-

1434, thus providing a basis for these revised TS, or if relaxation of

the requirements in the CTS is warranted based on the justification

provided by the licensee.

These administrative, relocated, more restrictive, and less

restrictive changes to the requirements of the CTS do not result in

operations that will alter assumptions relative to mitigation of an

analyzed accident or transient event.

In addition to the proposed changes solely involving the

conversion, there are also proposed changes that are different from the

requirements in both the CTS and the STS (NUREG-1433 and NUREG-1434).

These proposed beyond-scope issues to the ITS conversion are as

follows:

1. ITS 3.1.8, changing the Scram Discharge Volume Vent and Drain

Valve ACTIONS to allow continued operation with one valve in a line

inoperable by isolating the penetration within 7 days (ACTION A) and to

allow continued operation with two valves in a line by isolating the

penetration within 8 hours

[[Page 56520]]

(ACTION B). The ISTS requires the valves(s) to be restored to Operable

status within 7 days.

2. ITS 3.3.1.1, ITS 3.3.6.1, ITS 3.5.1, and ITS 3.5.2, adding a

Note to the Reactor Protection System (RPS) (Functions 3 and 4) and

Isolation (Main Steam Line Isolation Valve (MSIV) Functions)

Instrumentation Specifications exempting the sensors from response time

testing and a Note to the Emergency Core Cooling System (ECCS)--

Operating and--Shutdown Specifications exempting the instrumentation

from response time testing.

3. ITS 3.3.2.2, allowing the feedwater pump to be removed from

service in lieu of shutting down the unit to < 25% Rated Thermal Power

(RTP) when the feedwater and main turbine high water level channel is

inoperable and untripped.

4. ITS 3.3.3.1, ITS 3.3.3.2, ITS 3.3.8.2, ITS 3.3.8.3 and ITS

3.4.7, adding a Note to allow 6 hours to do Surveillance testing of the

Post Accident Monitoring, Remote Shutdown System, RPS logic bus

Electrical Power Assemblies (EPAs), RPS scram solenoid bus EPAs and

Leak Detection System, instrumentation channels prior to entering

Actions.

5. ITS 3.3.4.2, adding an allowance to only remove the associated

(Anticipated Transient Without Scram ATWS)--recirculating pump trip

(RPT) breaker (fast speed or slow speed, as applicable) from service,

in lieu of removing the entire pump from service.

6. ITS 3.3.5.1, ITS 3.3.8.1, ITS 3.3.8.2 and ITS 3.3.8.3, changing

the Allowable Values for (a) the Low Pressure Cooling Injection (LPCI)

and High Pressure Core Spray (HPCS) minimum flow valves

instrumentation; (b) the HPCS suppression pool water level swap over

instrumentation; (c) the Loss of Voltage and Degraded Voltage

Functions, including time delays; (d) the Undervoltage, Overvoltage,

and Underfrequency Functions for the RPS Logic Bus EPAs ; and (e) the

Undervoltage, Overvoltage, and Underfrequency Functions for the RPS

Scram Solonoid Bus EPAs.

7. ITS 3.3.6.1, deleting the MODE 1 and 2 requirements for certain

Shutdown Cooling Isolation Functions (residual heat removal (RHR)

Equipment Area temperature, Reactor Building Pipe Chase Temperature,

Reactor Building Temperature, and Reactor Vessel Water Level--Low,

Level 3.)

8. ITS 3.3.8.1 and ITS 3.3.5.1, deleting the Group 4 valves from

isolation instrumentation requirements.

9. ITS 3.3.8.1, changing the requirement to only requiring 2

channels of degraded voltage and loss of voltage in lieu of three

channels.

10. ITS SR 3.4.1.1 requiring verification every 12 hours that

operation is in the ``Unrestricted Zone'' of ITS Figure 3.4.1-1. This

will ensure that entry into a region where potential instabilities can

occur will not go undetected.

11. ITS 3.4.1, changing from 2 hours to 8 hours the frequency for

determining the Average Power Range Monitors (APRM) and Low Power Range

Monitors (LPRM) baseline noise level the first time the unit is in the

Restricted Zone.

12. ITS 3.4.5, changing the frequency for monitoring the floor

drain leakage rate from 8 hours to 12 hours, and changing the airborne

radioactivity monitoring Surveillance to be every 8 hours.

13. ITS 3.5.1, changing the current number of Automatic Depression

System (ADS) valves required to operate from seven to six.

14. ITS 3.5.1, modifying the current requirement of manually

opening the ADS valves to only require the ADS actuators to be cycled.

15. ITS 3.6.1.3, changing the current requirement that each excess

flow check valve (EFCV) must ``check flow'' to requiring each EFCV to

actuate to its isolation position on an actual or simulated instrument

line break signal.

16. ITS 3.6.1.3, changing the evolution to suspend the purging and

venting Limited Condition Operation (LCO) Actions to within 1 hour,

when Standby Gas Treatment (SGT) subsystem(s) are inoperable.

17. ITS 3.6.1.6, ITS 3.6.2.3 and ITS 3.5.2.4, deleting the current

requirements to verify position of ``automatic'' valves in the RHR

Drywell Spray, RHR Suppression Cooling, and RHR Suppression Pool Spray

Systems.

18. ITS 3.6.1.6 and ITS 3.6.2.4, deleting the current requirement

that drywell spray and suppression pool spray flows be through the heat

exchanger.

19. ITS 3.7.2 and ITS 3.7.3, allowing a 7-day restoration time when

both Control Room Envelope Filtration (CREF) subsystems are inoperable

and a 30-day restoration time when both control room envelope

alternating current (AC) subsystems are inoperable, provided the

remaining components of the CREF System or Control Room Envelope AC

System maintains the CREF System or Control Room Envelope AC System

safety function, as applicable.

20. ITS 3.8.1, ITS 3.8.2, and ITS 3.8.3, changing AC Sources--

Operating, AC Sources--Shutdown and Diesel Fuel Oil, Lube Oil, and

Starting Air Specifications to include: (a) More restrictive upper and

lower voltage limits for various diesel generator (DG) Surveillances;

(b) increasing the killowatt (KW) value for the single largest load

surveillance requirement (SR) for the Division 3 DG; (c) relaxing the

load range values for the 24-hour DG run to be consistent with

Regulatory Guide (RG) 1.9 Reference 3 (ISTS Bases says 100% for 22

hours and 110% for 2 hours is consistent with RG 1.9 Reference 3, but

it isn't); (d) increasing the DG start time in the event of a Loss of

Voltage signal from 13 seconds to 13.12 seconds; (e) adding a Note

which exempts Surveillances pertaining to a DG starting on a loss-of-

coolant accident (LOCA) signal and a LOCA/loss of offsite power (LOOP)

signal while in Modes 4 and 5 and during handling of irradiated fuel in

the Secondary Containment when the ECCS subsystems are not required to

be Operable; and (f) increasing the fuel oil storage tank limits for

the Division 1 and 2 DGs as well as the 6-day limits for all three DGs.

21. ITS 3.8.4, changing the DC Sources--Operating Specification by:

(a) revising of the battery load profile to be consistent with the load

profile specified in the Updated Safety Analysis Report (USAR); and (b)

addition of an allowance to perform a modified performance discharge

test every cycle in lieu of a service test.

22. ITS 3.8.7, requiring that the inverters be capable of being

powered from an uninterruptible power supply (direct current (DC)

sources). Currently, this is not required; this is a more restrictive

change.

23. ITS 3.3.8.3, specifying an allowable value in the ITS for the

time delay setting of the RPS EPA--solenoid instrumentation.

24. ITS 3.3.8.1, deleting a requirement in the STS for performing a

channel check on undervoltage relays; the status of relays are

continuously monitored.

25. ITS 3.3.8.2, specifying allowances in allowable values for the

time delay settings of the RPS EPA logic instrumentation.

26. ITS 3.3.4.2, adding additional verification of ATWS trip

function bypass and time delays.

27. ITS 3.3.8.1, The STS allows a 2-hour delay from entering into

the associated Conditions and Required Actions for a channel placed in

an inoperable status solely for the performance of required

surveillances, provided the associated function maintains DG initiation

capability. This is changed in the ITS ``provided the Associated

Function maintains loss of power (LOP) initiation capability.''

[[Page 56521]]

28. ITS 5.5.9.1.a, adding ``specific gravity'' to the acceptability

of new fuel oil prior to the addition to the DG fuel tanks.

29. ITS SR 3.6.3.1.2, adding a description of an additional

requirement in the Bases SR 3.6.3.1.2 regarding when to perform the

surveillance (``within 30 minutes following heatup of the system to

normal operating temperature.'')

30. ITS SR 3.3.1.1.16, modifying the Response Time Testing

requirement for Function 9, Turbine Control Valve Fast Closure, Trip

Oil Pressure--Low by stating that the response time is measured from

the start of the control valve fast closure, not when the sensor (oil

pressure sensor) exceeds its setpoint.

31. ITS 3.3.5.1, specifying an ADS pressure setpoint of 150 psig,

implementing Topical Report NEDC-32291 and making other changes

associated with moving Group 4 isolation valves into the ECCS TS in the

ITS.

32. ITS 3.3.5.1, Table 3.3.5.1-1, specifying an ADS pressure

setpoint for low pressure core spray (LPCS) pump discharge pressure--

high to be 150 psig based on implementation of Topical Report NEDC-

32291.

33. ITS 3.3.2.1, deleting operational details in CTS Table 3.3.6-2

not required to be in TS, and providing allowable values based on NEDO-

2411.

34. ITS 3.3.6.1, deleting the reactor core isolation reactor core

isolation cooling (RCIC) drywell pressure high isolation functions,

providing new RCIC/RHR Steam Flow Timer and SGT Exhaust Radiation High

isolation functional allowable values, and deleting the main steam line

(MSL) radiation high isolation function.

35. ITS 3.6.1.2, changing the requirement to verify that the air

lock door seal leakage rate is within limit from ``once per 7 days'' to

``once in 30 days.''

36. ITS 3.6.1.7, adding a note to allow separate condition entry

for each suppression chamber-to-drywell vacuum breaker.

37. ITS 3.6.1.7, changing the ACTION statement into two ACTION

statements: ITS 3.6.1.7 ACTION B addresses the closing of the open

vacuum breaker within 72 hours, while ITS 3.6.1.7 ACTION C addresses

the verification/closing of the other vacuum breaker in the line within

2 hours. However, both ITS 3.6.1.7 Conditions B and C have been

modified such that the words ``One or more lines with'' have been

added.

38. ITS 3.4.4, increasing the lift setpoint tolerance for the

safety relief valves to 3%.

39. ITS 3.3.1.1, deleting the MSL radiation monitor reactor trip

requirement and surveillance requirement based on the application of

NEDO-31400A.

40. ITS 3.7.2 SR 3.7.2.1, deleting the staggered testing

requirement for the CREF subsystem.

41. ITS 3.3.1.2, adding a note to ITS SR 3.3.1.2.5 that defers

determination of the signal-to-noise ratio in Mode 5 if less than or

equal to four fuel assemblies are adjacent to the source range monitors

(SRM) and no fuel is in the quadrant.

42. ITS 3.3.1.2, changing the STS Action to ``initiate action to

insert all insertable control rods. * * *'' to ``Initiate action to

``fully'' insert all insertable control rods. * * *''

43. ITS 3.3.5.1, ITS Table 3.3.5.1-1, changing footnote (a) from

the STS to include a citation of LCO 3.5.2.

44. ITS 5.5.2.b, adding a note that the provisions of SR 3.0.2

apply to integrated leak tests at 24 months.

45. ITS 3.8.8, incorporating changes to Condition A, B and C of the

STS applicable to ``one or more'' Divisions and to ``one or both.''

46. ITS 3.6.4.1, incorporating wording changes that alter the

meaning of containment operability with respect to meeting surveillance

requirements.

Before issuance of the proposed license amendments, the Commission

will have made findings required by the Atomic Energy Act of 1954, as

amended (the Act) and the Commission's regulations.

By November 19, 1999, the licensee may file a request for a hearing

with respect to issuance of the amendment to the NMP2 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 Reference and Documents Department, Penfield Library, State

University of New York, Oswego, New York 13126. 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

[[Page 56522]]

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: 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 Mr. Mark J. Wetterhahn, 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 16, 1998, as supplemented by

letters dated December 30, 1998; May 10, June 15, July 30, August 2,

11, 16, 19, 27, September 10, and 30, 1999, which are 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 Reference and Documents Department,

Penfield Library, State University of New York, Oswego, New York 13126.

Dated at Rockville, Maryland, this 14th day of October, 1999.

For the Nuclear Regulatory Commission.

Darl S. Hood, Sr.,

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

Licensing Project Management, Office of Nuclear Reactor Regulation.

[FR Doc. 99-27364 Filed 10-19-99; 8:45 am]

BILLING CODE 7590-01-P