[Federal Register Volume 61, Number 21 (Wednesday, January 31, 1996)]
[Notices]
[Pages 3508-3511]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1863]
-----------------------------------------------------------------------
[[Page 3509]]
NUCLEAR REGULATORY COMMISSION
[Docket Nos. STN 50-454, STN 50-455, STN 50-456 AND STN 50-457]
Commonwealth Edison Co.; Consideration of Issuance of Amendments
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.
NPF-37, NPF-66, NPF-72, and NPF-77, issued to Commonwealth Edison
Company for operation of Byron Station, Units 1 and 2, located in Ogle
County, Illinois and Braidwood Station, Units 1 and 2, located in Will
County, Illinois.
The proposed amendments would remove certain technical
specification requirements that are applicable when one of the two
source range detectors is inoperable greater than 48 hours. The
affected requirements are: suspension of all operation activates
involving positive reactivity changes and verifying valves CV-111B, CV-
8428, CV-8441, and CV-8435 are closed and secured in position. The
requirement to open the reactor trip breakers when one of the two
source range detectors (SRD) is inoperable greater than 48 hours or
when both SRD's are inoperable will not be changed.
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:
1. The proposed change does not involve a significant increase
in the probability or consequences of an accident previously
evaluated.
This proposed change does not result in the installation of any
new equipment, and no existing equipment is modified. Operability of
source range detectors in Modes 3, 4 and 5 with [reactor trip
breakers] RTBs open is not assumed as the precursor or initiator for
any accident previously analyzed.
One operable source range detector is acceptable in Modes 3, 4,
and 5 with the RTBs open, since under these conditions, no core
alterations that could affect core reactivity are possible, and
control rod withdrawal is not possible. Under these conditions, the
source range is only providing indication and input to the boron
dilution protection system (BDPS). The impact of an inoperable
source range detector on BDPS is addressed by compliance with the
Action Requirements of TS 3.1.2.7, ``Boron Dilution Protection
System.'' TS 3.1.2.7 addresses the potential for a positive
reactivity addition via a dilution event. With one source range
detector operable, indication of any positive reactivity changes
will still be available via the operable source range detector.
Also, BDPS will still respond automatically to mitigate a positive
reactivity change. Thus, with one source range detector inoperable
and RTBs open, indication of a positive reactivity change is still
provided via the operable source range detector, and automatic
mitigation is still available via BDPS to ensure that there is no
significant increase in the consequences of an accident previously
evaluated.
With no source range detectors operable, the proposed action
statement requires that the RTBs be immediately opened, all positive
reactivity changes be immediately suspended, shutdown margin be
initially verified within one hour and at least once per 12 hours
thereafter and dilution valves be closed. Thus, with no source range
detectors available, potential sources of positive reactivity
addition are disabled and the shutdown condition of the core is
periodically verified which ensures that there is no significant
increase in the consequences of an accident previously evaluated.
Therefore, this proposed change does not involve a significant
increase in the probability or consequences of an accident
previously evaluated.
2. The proposed change does not create the possibility of a new
or different kind of accident from any accident previously
evaluated.
This proposed change deals only with the Action Requirements for
inoperable source range instruments. No new equipment is being
installed, no existing equipment is being modified. No new system
configurations will be introduced as a result of this proposed
change. Therefore, no new or different failure modes are being
introduced.
Thus, the proposed change does not create the possibility of a
new or different kind of accident from any accident previously
evaluated.
3. The proposed change does not involve a significant reduction
in a margin of safety.
With one source range detector inoperable beyond 48 hours, this
proposed revision requires that the RTBs be opened. With the RTBs
open, the source range instruments provide only indication and input
to BDPS. With only one source range detector inoperable, the
indication function is still satisfied by the operable source range
detector. The impact of an inoperable source range detector on BDPS
is addressed by compliance with the Action Requirements of TS
3.1.2.7, ``Boron Dilution Protection System.'' Also, BDPS will still
respond automatically to mitigate a positive reactivity change based
on input from the operable source range detector. Thus with one
source range detector inoperable the proposed action requirement
places the affected unit in a condition where the reactor trip
function of the source range is no longer required, and the
remaining source range functions are satisfied by the operable
source range indicator. Thus, with one source range detector
inoperable, this proposed change does not involve a significant
reduction in a margin of safety.
With no source range detectors operable, the proposed action
statement requires that the RTBs be immediately opened, all positive
reactivity changes be immediately suspended, shutdown margin be
initially verified within one hour and at least once per 12 hours
thereafter and dilution valves be closed and secured in position.
This [is] provides protection equivalent to that provided by the
current specification. Thus, with both source range detectors
inoperable, this proposed change does not involve a significant
reduction in a margin of safety.
Therefore, this 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 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 amendments 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 amendments before the expiration
of the 30-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 and provide for opportunity
for a hearing after issuance. The Commission expects that the need to
take this action will occur very infrequently.
[[Page 3510]]
Written comments may be submitted by mail to the Rules Review and
Directives Branch, Division of Freedom of Information and Publications
Services, Office of Administration, U.S. Nuclear Regulatory Commission,
Washington, DC 20555, 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 March 1, 1996, the licensee may file a request for a hearing
with respect to issuance of the amendments 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 rooms; for Byron, located at the Byron Public Library
District, 109 N. Franklin, P.O. Box 434, Byron, Illinois 61010; for
Braidwood, the Wilmington Public Library, 201 S. Kankakee Street,
Wilmington, Illinois 60481. 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 amendments 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
amendments and make it immediately effective, notwithstanding the
request for a hearing. Any hearing held would take place after issuance
of the amendments.
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, Attention: Docketing and Services
Branch, or may be delivered to the Commission's Public Document Room,
the Gelman Building, 2120 L Street, NW., Washington, DC, by the above
date. Where petitions are filed during the last 10 days of the notice
period, it is requested that the petitioner promptly so inform the
Commission by a toll-free telephone call to Western Union at 1-(800)
248-5100 (in Missouri 1-(800) 342-6700). The Western Union operator
should be given Datagram Identification Number N1023 and the following
message addressed to Robert A. Capra: petitioner's name and telephone
number, date petition was mailed, plant name, and publication date and
page number of this Federal Register notice. A copy of the petition
should also be sent to the Office of the General Counsel, U.S. Nuclear
Regulatory Commission, Washington, DC 20555, and to Michael I. Miller,
Esquire; Sidley and Austin, One First National Plaza, Chicago, Illinois
60603, 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 11, 1996, 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 rooms; for Byron, located at the Byron Public Library
District, 109 N. Franklin, P.O. Box 434, Byron, Illinois 61010; for
Braidwood, the Wilmington Public Library, 201 S. Kankakee Street,
Wilmington, Illinois 60481.
[[Page 3511]]
Dated at Rockville, Md., this 26th day of January 1996.
For the Nuclear Regulatory Commission.
Ramin R. Assa,
Project Manager, Project Directorate III-2, Division of Reactor
Projects--IV/V, Office of Nuclear Reactor Regulation.
[FR Doc. 96-1863 Filed 1-30-96; 8:45 am]
BILLING CODE 7590-01-P
