[Federal Register Volume 63, Number 15 (Friday, January 23, 1998)]
[Notices]
[Pages 3593-3595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-1752]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-269, 50-270, and 50-287]
Oconee Nuclear Station, Units 1, 2, and 3; 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 amendments to Facility Operating License Nos.
DPR-38, DPR-47, and DPR-55 issued to Duke Energy Corporation (the
licensee) for operation of the Oconee Nuclear Station, Units 1, 2, and
3, located Oconee County, South Carolina.
The proposed amendments would revise Technical Specification (TS)
Table 4.1-1 and Specification 4.5.2.1.2 to allow a one-time extension
for specified Unit 2 refueling outage surveillances during operating
cycle 16.
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.
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 amendments 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:
This proposed change has been evaluated against the standards in
10 CFR 50.92 and has been determined to involve no significant
hazards, in 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?
No. A review of the previous two instrument channel tests and
calibrations for the instruments discussed in the amendment request
concluded that no adverse affects should occur as a result of the
one-time extension. The ICCM [Inadequate Core Cooling Monitor]
should be available to perform its intended function during the
requested extension period. Thus, the probability and consequences
of an accident previously evaluated will not be significant[ly]
increased.
In addition, a review of the previous ES channel 5 and 6 manual
trip test and Reactor Building Cooling system test that are
discussed in the amendment request concluded that no adverse affects
should occur as a result of the one-time extension. ES channels 5
and 6 and the Reactor Building Cooling system should be available to
perform their intended function during the requested extension
period. Thus, the probability and consequences of an accident
previously evaluated will not be significantly increased.
2. Create the possibility of a new or different kind of accident
from the accidents previously evaluated?
No. Since the one-time extension should not cause any adverse
effects on the ICCM, ES channels 5 and 6, or Reactor Building Spray
system, a new or different kind of accident from the accidents which
were previously evaluated will not occur. The ICCM, ES channels 5
and 6, and Reactor Building Cooling system, should be available to
perform their intended function during the requested extension
period.
3. Involve a significant reduction in a margin of safety?
No. The margin of safety will not be significantly reduced by
this amendment request because the ICCM, ES channels 5 and 6, and
Reactor Building Cooling system, should be available to perform
their intended function during the requested extension period. In
addition, the review of the previous tests and calibrations which
are discussed in the amendment request concluded that no adverse
affects should occur as a result of the one-time extension.
Duke has concluded based on the above information that there are
no significant hazards involved in this amendment request.
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 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
[[Page 3594]]
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 6D22, 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 February 23, 1998, 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 Oconee County Library, 501 West South
Broad Street, Walhalla, South Carolina. 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 J. Michael McGarry, III, Winston and
Strawn, 1200 17th Street, NW., Washington, DC 20036, 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 amendments dated January 15, 1998, 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 Oconee County Library, 501 West
South Broad Street, Walhalla, South Carolina.
Dated at Rockville, Maryland, this 20th day of January 1998.
[[Page 3595]]
For the Nuclear Regulatory Commission.
David E. LaBarge,
Senior Project Manager, Project Directorate II-2, Division of Reactor
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 98-1752 Filed 1-22-98; 8:45 am]
BILLING CODE 7590-01-P