[Federal Register Volume 68, Number 131 (Wednesday, July 9, 2003)]
[Notices]
[Pages 41020-41022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-17335]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-313 and 50-368]


Entergy Operations, Inc.; 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 (NRC or the Commission) is 
considering issuance of amendments to Renewed Facility Operating 
License (FOL) No. DPR-51 and FOL No. NPF-6, issued to Entergy 
Operations, Inc.(the licensee), for operation of Arkansas Nuclear One 
(ANO), Units 1 and 2 (ANO-1 and ANO-2), respectively, located in Pope 
County, Arkansas.
    The proposed amendments would allow the licensee to use the spent 
fuel crane (L-3 crane) to lift heavy loads in excess of 100 tons. 
Specifically the licensee is requesting approval to use the upgraded L-
3 crane for loads up to a total of 130 tons. This application was 
previously noticed and published in the Federal Register on March 7, 
2003 (68 FR 11157).
    The amendment application, as supplemented, was submitted on an 
exigent basis based on the following. The licensee has worked 
expeditiously to revise the appropriate design basis and to confirm the 
crane's implementation completeness. The licensee has performed 
available load lifts within the existing design basis to the extent 
possible. Additionally, the licensee will be seeking an alternate 
loading pattern for the ANO-2 spent fuel pool that will alleviate 
interim space limitations due to degradation of the neutron absorbing 
boroflex panels. Given the acceptability of the alternate loading 
pattern amendment, the ANO-2 spent fuel pool will be able to accept a 
full core offload; however, the spent fuel pool will be severely 
restricted for other potentially necessary spent fuel pool movements 
and activities (i.e., fuel examinations). In order to provide critical 
space in the ANO-2 spent fuel pool, the licensee will need to perform 
fuel transfers using the new Holtec casks during August 2003. To 
accomplish the first loading of the new Holtec cask, preparation for 
cask component heavy load movement requiring the use of the L-3 crane 
must start the week of July 28, 2003. This schedule will support 
demonstration of cask component handling capability as required by 10 
CFR part 72 prior to loading nuclear fuel. Therefore, the licensee 
requests NRC approval by July 25, 2003, in order to make final 
preparations for these cask loading activities.
    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. Does the proposed change involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    ANO Response: No.
    The potential load carrying capability of the new L-3 crane has 
been increased from 100 tons to 130 tons. The transporting of a 
spent fuel cask is the maximum load that the crane is designed to 
handle. The process for transporting a cask is essentially unchanged 
from that previously performed. Once a cask is loaded with spent 
fuel it is lifted from the cask loading pit, transported to the 
hatch, and lowered to the railroad bay. This building arrangement is 
such that the cask is never carried over the spent fuel pool. The 
transport height of the cask has been increased to a minimum of 1.5 
feet based on the design of the new L-3 crane. The impact limiters 
used under the previous cask transport process have been eliminated 
since the L-3 crane is now single failure proof. Because the crane 
is single failure proof, a postulated cask drop is no longer a 
credible event; therefore, no adverse effects on plant operation are 
anticipated to occur and the structural integrity of the spent fuel 
cask will not be impaired.
    If a portion of the L-3 crane lifting devices malfunction or 
fail, the crane system is designed such that the load will move a 
limited distance downward prior to backup restraints becoming 
engaged. The increased

[[Page 41021]]

minimum transport height (1.5 feet) is established to accommodate 
this design feature. [A single malfunction or failure of a portion 
of the crane will not result in the load being dropped. This will 
allow additional restrictions such as impact limiters to be removed. 
The radiological consequences will not be increased.] The 
consequences on the spent fuel contained in the cask have been 
analyzed under an assumed dropped cask event and has been determined 
to be within design basis limits for the cask.
    Therefore, the proposed change does not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    2. Does the proposed change create the possibility of a new or 
different kind of accident from any accident previously evaluated?
    ANO Response: No.
    The ANO Safety Analysis Reports (SARs) have previously analyzed 
the drop of a cask up to 100 tons. The cask load has been increased 
to a maximum of 125 tons under the new single failure proof L-3 
crane design for heavier casks being employed at ANO. This increased 
load could provide a severe impact on safety-related equipment if a 
load drop event were to occur. However, to ensure that no safety-
related equipment is impacted, the construction of a single failure 
proof crane mitigates the potential for a more severe consequence, 
since a load drop event is not considered credible.
    Therefore, the proposed change does not create the possibility 
of a new or different kind of accident from any previously 
evaluated.
    3. Does the proposed change involve a significant reduction in a 
margin of safety?
    ANO Response: No.
    The L-3 crane has been upgraded to comply with the single 
failure proof requirements of NUREG-0554 [Single Failure Proof 
Cranes for Nuclear Power Plants] and Revision 3 of the NRC approved 
Ederer Topical Report EDR-1 dated October 8, 1982. To comply with 
the requirements of the topical report the L-3 crane was updated to 
provide additional load carrying capability and additional safety 
features were provided to prevent a cask drop event. The safety 
margins provided by the new crane design have either remained the 
same or have been enhanced to ensure adequate margin to prevent 
failure of the crane or any lifting devices associated with the 
lifting of a spent fuel cask.
    Therefore, the proposed change does not involve a significant 
reduction in a 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 amendments 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 result, for example, in derating or shutdown of the facility, 
the Commission may issue the license amendments before the expiration 
of the 14-day notice period, provided that its final determination is 
that the amendments involve 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. Documents may 
be examined, and/or copied for a fee, at the NRC's Public Document Room 
(PDR), located at One White Flint North, Public File Area O1 F21, 11555 
Rockville Pike, Rockville, Maryland.
    The filing of requests for hearing and petitions for leave to 
intervene is discussed below.
    By July 23, 2003, the licensee may file a request for a hearing 
with respect to issuance of the amendments to the subject FOLs 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 PDR, located at One White Flint North, 11555 Rockville 
Pike (first floor), Rockville, Maryland, and available electronically 
on the Internet at the NRC Web site http://www.nrc.gov/reading-rm/doc-collections/cfr/. 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

[[Page 41022]]

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 amendments are 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 
amendments and make them 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 amendments.
    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 PDR, 
located at One White Flint North, Public File Area O1 F21, 11555 
Rockville Pike, Rockville, Maryland, by the above date. Because of 
continuing disruptions in delivery of mail to United States Government 
offices, it is requested that petitions for leave to intervene and 
requests for hearing be transmitted to the Secretary of the Commission 
either by means of facsimile transmission to 301-415-1101 or by e-mail 
to [email protected]. A copy of the request for hearing and 
petition for leave to intervene should also be sent to the Office of 
the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, and because of continuing disruptions in delivery of mail 
to United States Government offices, it is requested that copies be 
transmitted either by means of facsimile transmission to 301-415-3725 
or by e-mail to [email protected]. A copy of the request for 
hearing and petition for leave to intervene should also be sent to 
Nicholas S. Reynolds, Esquire, Winston and Strawn, 1400 L Street, NW., 
Washington, DC 20005-3502, 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 February 24, 2003, as supplemented by 
letters dated March 25 and June 30, 2003, which are available for 
public inspection at the Commission's PDR, located at One White Flint 
North, Public File Area O1 F21, 11555 Rockville Pike, Rockville, 
Maryland. Publicly available records will be accessible electronically 
from the Agencywide Documents Access and Management System's (ADAMS) 
Public Electronic Reading Room on the Internet at the NRC web site 
http://www.nrc.gov/reading-rm/adams.html. Persons who do not have 
access to ADAMS or who encounter problems in accessing the documents 
located in ADAMS should contact the NRC PDR Reference staff by 
telephone at 1-800-397-4209, 301-415-4737, or by e-mail to [email protected].

    Dated at Rockville, Maryland, this 2nd day of July, 2003.

    For the Nuclear Regulatory Commission
Thomas W. Alexion,
Project Manager, Section 1, Project Directorate IV, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 03-17335 Filed 7-8-03; 8:45 am]
BILLING CODE 7590-01-P