[Federal Register Volume 62, Number 218 (Wednesday, November 12, 1997)]
[Notices]
[Pages 60733-60735]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29715]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-302]
Florida Power Corporation; 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.
DPR 72, issued to the Florida Power Corporation (FPC or the licensee),
for operation of the Crystal River Nuclear Generating Unit 3 (CR3)
located in Citrus County, Florida.
The proposed amendment would revise the Operating License No. DPR-
72, License Condition 2.C.(5) and delete the requirement for
installation and testing of flow indicators in the emergency core
cooling system (ECCS) to provide indication of 40 gallons per minute
flow for boron dilution. Approval of this amendment will also allow
removal of the associated flow indicators, DH-45-FI and DH-46-FI, from
the Crystal River 3 (CR3) Final Safety Analysis Report (FSAR). This
Federal Register (FR) notice supersedes the previous notice 62 FR 43368
dated August 13, 1997 in its entirety.
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.
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 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 not involve a significant increase in the probability or
consequences of an accident previously evaluated.
This License Amendment Request removes the Operating License
Condition that requires flow indication in the ECCS system for boron
dilution. Under certain post-accident scenarios, boron dilution
actions could be required following design basis LOCAs [loss-of-
coolant-accidents] to ensure that boron precipitation does not occur
within the reactor core. Since these methods involve post-accident
conditions, they are not the initiators for any design basis
accident. Removal of this requirement from the license condition
does not involve a change in the Improved Technical Specifications.
Since these instruments are no longer used for boron precipitation
mitigation during a LOCA, abandonment or removal of flow indicators
DH-45-FI and DH-46-FI does not increase the probability of an
accident
[[Page 60734]]
because no previously evaluated accidents at CR-3 are initiated by
DH-45-FI or DH-46-FI. Since DH-45-FI and DH-46-FI are attached to
the outside of the DH [decay heat] System drop line and the
Auxiliary Pressurizer Spray line, respectively, their removal will
not change the design, material, or construction standards
applicable to the DH System piping. Therefore, the removal of the
requirement for this instrumentation does not increase the
probability of an accident previously evaluated.
Removal of the requirement for the flow indicators does not
change the effectiveness of the post-LOCA boron dilution
capabilities at CR-3. Removal of DH-45-FI and DH-46-FI will not
alter any assumptions made in evaluating the radiological
consequences of any accident described in the FSAR nor will it
affect any fission product barrier since the ECCS and containment
systems will still perform to meet design requirements. Based on
these conclusions, previously calculated 10 CFR [Code of Federal
Regulations] Part 100 consequences have not changed as a result of
this action.
2. Does not create the possibility of a new or different kind of
accident from any accident previously evaluated.
The flow indicators are external to the DH System piping. They
do not penetrate any piping so their removal cannot create the
possibility of a new or different kind of accident. The function of
the valve position indicator on each valve in the active mitigation
paths provide the operators with indication of valve open/close
status. The indicators do not actuate any systems, structures, or
components that are credited with accident mitigation. They can not
initiate a new or different kind of accident. The boron
precipitation mitigation methods are all implemented after the
accident has occurred. None of the mitigative methods are required
before an accident. The DH System drop line and the Auxiliary
Pressurizer Spray are used during the course of CR-3's normal
operation. Those methods of operation have been evaluated in the
development of previously approved licensing basis and found
acceptable. Using these previously approved methods in these post-
accident conditions, elimination of the subject license condition
language, and the utilization of the boron dilution mitigation
methods does not create the possibility of a new or different kind
of design basis accident.
3. Does not involve a significant reduction in the margin of
safety.
Mitigation of potential boron precipitation will be accomplished
by a combination of active and passive methods already included in
the CR-3 licensing basis. The margin of safety for being able to
abate boron precipitation is improved through the utilization of
multiple available options. Therefore, there is no reduction in the
margin of safety as a result of not utilizing DH-45-FI and DH-46-FI.
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 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. 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
Review and Directives Branch, Division of Freedom of Information and
Publications 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 December 12, 1997, 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 Coastal Region Library, 8619 W. Crystal
Street, Crystal River, Florida.
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
[[Page 60735]]
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 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 R. Alexander Glenn, General Counsel,
Florida Power Corporation, MAC--A5A, P. O. Box 14042, St. Petersburg,
Florida 33733-4042, 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 October 31, 1997, 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 Coastal Region Library, 8619 W.
Crystal Street, Crystal River, Florida.
Dated at Rockville, Maryland, this 5th day of November 1997.
For the Nuclear Regulatory Commission.
L. Raghavan, Sr.,
Project Manager, Project Directorate II-3, Division of Reactor
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 97-29715 Filed 11-10-97; 8:45 am]
BILLING CODE 7590-01-P
