98-29265. Commonwealth Edison Company; Notice of Consideration of Issuance of Amendments to Facility Operating Licenses, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing  

  • [Federal Register Volume 63, Number 211 (Monday, November 2, 1998)]
    [Notices]
    [Pages 58794-58796]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-29265]
    
    
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    NUCLEAR REGULATORY COMMISSION
    
    [Docket Nos. STN 50-454, STN 50-455, STN 50-456, and STN 50-457]
    
    
    Commonwealth Edison Company; Notice of Consideration of Issuance 
    of Amendments to Facility Operating Licenses, 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 and NPF-66, issued to Commonwealth Edison Company (ComEd, the 
    licensee) for operation of Byron Station, Units 1 and 2, located in 
    Ogle County, Illinois and Facility Operating License Nos. NPF-72 and 
    NPF-77, issued to ComEd for operation of Braidwood Station, Units 1 and 
    2, located in Will County, Illinois.
        This notification addresses the beyond scope bracketed items 
    identified in the requested amendments dated December 13, 1996. The 
    proposed amendments would revise current Technical Specifications (CTS) 
    of each unit to conform with NUREG-1431, Revision 1, ``Standard 
    Technical Specifications--Westinghouse Plants.'' The following 
    descriptions and proposed no significant hazard analyses cover only 
    those beyond scope bracketed changes. Associated with each change are 
    administrative/editorial changes such that the new or revised 
    requirements would fit the format of NUREG-1431.
        1. CTS Limiting Condition of Operation (LCO) 3.2.2 ensures 
    compliance with FQ fuel design limits by a bounding analysis 
    that is verified in the plant by monitoring a height dependent radial 
    peaking factor FXY(Z). The CTS denotes associated LCOs, 
    Actions, and Surveillance Requirements (SRs) for the FXY(Z) 
    methodology. Improved Technical Specification (ITS) LCO 3.2.1 denotes 
    associated LCOs, Actions, and SRs for a method based on an equilibrium 
    FQ(Z) surveillance (FQ(Z)W(Z) methodology). The 
    proposed methodology change provides more available margin to the 
    FQ(Z) limit than is currently available with the 
    FXY(Z) surveillance methodology. The FXY(Z) 
    methodology is based on a 1 dimension-2 dimension synthesis of data 
    whereas the FQ(Z)W(Z) methodology is a more advanced 3 
    dimension calculation. ComEd proposes to replace the FXY(Z) 
    method by the FQ(Z)W(Z) method. NUREG-1431 provides the 
    option for either the FXY(Z) methodology or the 
    FQ(Z)W(Z) methodology. The revised
    
    [[Page 58795]]
    
    requirement will be stated as ITS LCO 3.2.1.
        2. This beyond scope change applies to Braidwood Station only. CTS 
    SR 4.7.7.d.3 confirms the ability of both trains of the Nonaccessible 
    Area Exhaust Filter Plenum Ventilation System to maintain Emergency 
    Core Cooling System (ECCS) equipment rooms at -0.25 inches (water 
    gauge) relative to the outside atmosphere while operating at a 
    specified flow rate per train and a specified flow rate per bank. ComEd 
    proposes to eliminate the specified bank flow rates. The SR verifies 
    the integrity of the ECCS pump room areas. The ability of the 
    Nonaccessible Area Exhaust Filter Plenum Ventilation System to maintain 
    the ECCS pump room areas at a negative pressure, with respect to 
    potentially uncontaminated adjacent area, is periodically tested to 
    verify proper functioning of the Nonaccessible Area Exhaust Filter 
    Plenum Ventilation System. Verification of the train flow rates is 
    sufficient to satisfy this SR. In addition, several of the CTS 4.7.7 
    SRs include operating the system at a specified flow rate per train and 
    a specified flow rate per bank. The specified train and bank flow rates 
    are included in ITS Specification 5.5.11.a and 5.5.11.b for 
    surveillances performed after structural maintenance on the high-
    efficiency particulate air (HEPA) or charcoal adsorber housings. ITS 
    Specifications 5.5.11.a and 5.5.11.b include only train flow rates for 
    other periodic surveillances. The flow distribution per train (bank 
    flow) is achieved by permanently welded baffle plates and was tested 
    during initial construction and periodically as required by the CTS. 
    These changes were permitted at Byron Station as described in NRC 
    safety evaluation (SE) dated October 22, 1993. The revised requirements 
    will be stated as ITS 3.7.12 and ITS 5.5.11.
        3. CTS SR 4.8.1.1.2.a.5, 4.8.1.1.2.f.3, and 4.8.1.1.2.f.7 include 
    requirements associated with loading the diesel generator (DG) to 
    greater than or equal to the continuous rating of the DGs (5500 kW). 
    Consistent with NUREG-1431, ComEd proposes to modify these SRs to 
    include a 90 percent to 100 percent of the continuous rating of the DGs 
    load band (4950 kW to 5500 kW). These revised requirements will be 
    stated as ITS SR 3.8.1.3 (31 day, 60 minute run), ITS SR 3.8.1.10 (full 
    load reject), and ITS SR 3.8.1.14 (24 hour run). In addition, the Note 
    contained in ITS SR 3.8.1.15 (hot restart) includes this load band. 
    Regulatory Guide 1.9, Revision 3, recommends that these tests be 
    conducted at 90 percent to 100 percent of the DG continuous rating. The 
    maximum expected accident load for the worst case DG is 5166 kW (Byron 
    DG 1A--during the first 30 minutes). The footnotes associated with CTS 
    SR 4.8.1.1.2.f.7 include an allowance to load the DG for the first 2-
    hours of the 24 hour test within a load band of +0 kW, -150 kW of the 
    2-hour rating of the DG (6050 kW). Consistent with NUREG-1431, ComEd 
    proposes to modify this load band in ITS SR 3.8.1.12 to include a 105 
    percent to 110 percent of the DG continuous rating (5775 kW-6050 kW) 
    load band. The 100 percent corresponds to the 2-hour rating, while the 
    105 percent corresponds to -275 kW from the 2-hour rating. In summary, 
    these revised requirements will be stated as ITS 3.8.1.3, 3.8.1.10, 
    3.8.1.14, and 3.8.1.15.
        4. Consistent with plant specific analyses and current procedural 
    controls, ComEd proposes to raise the minimum steady state voltage 
    acceptance criterion for CTS SR 4.8.1.1.2.a.4, 4.8.1.1.2.f.2, 
    4.8.1.1.2.f.4.b, 4.8.1.1.2.f.5, and 4.8.1.1.2.f.6.b to 3950 volts. This 
    minimum steady state value ensures that certain low voltage sensitive 
    components can operate properly. This revised requirement will be 
    stated as ITS SRs 3.8.1.2, 3.8.1.7, 3.8.1.9, 3.8.1.11, 3.8.1.12, 
    3.8.1.15, and 3.8.1.19.
        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 requested 
    amendments involve 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 for each of the above 
    proposed changes. The NRC staff has reviewed ComEd's analyses against 
    the standards of 10 CFR 50.92(c). The staff's analysis is presented 
    below.
        1. Will the changes involve a significant increase in the 
    probability or consequences of an accident previously evaluated?
        In all of the changes described above the answer is ``no.'' The 
    proposed changes will not affect the safety function of the subject 
    systems. There will be no direct effect on the design or operation of 
    any plant structures, systems, or components. No previously analyzed 
    accidents were initiated by the functions of these systems, and the 
    systems will continue to perform their functions in mitigating 
    consequences of previously analyzed accidents. Therefore, the proposed 
    changes will have no impact of the consequences of any previously 
    evaluated accidents.
        2. Will the changes create the possibility of a new or different 
    kind of accident from any accident previously evaluated?
        In all of the changes described above, the answer is ``no.'' The 
    proposed changes would not lead to any design or operating procedure 
    change. Hence, no new equipment failure modes or accidents from those 
    previously evaluated will be created.
        3. Will the changes involve a significant reduction in a margin of 
    safety?
        In all of the changes described above, the answer is ``no.'' Margin 
    of safety is associated with confidence in the design and operation of 
    the plant. The proposed changes to the CTS do not involve any change to 
    plant design, operation, or analysis. Thus, the margin of safety 
    previously analyzed and evaluated is maintained.
        Based on the analysis, it appears that the three standards of 10 
    CFR 50.92(c) are satisfied for each of the proposed changes. Therefore, 
    the NRC staff proposes to determine that the requested amendments 
    involve 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
    
    [[Page 58796]]
    
    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 6D59, 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 2, 1998, the licensee may file a request for a hearing 
    with respect to issuance of the amendments to the subject facility 
    operating licenses 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: for Byron, 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 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 Michael I. Miller, Esquire; Sidley 
    and Austin, One First National Plaza, Chicago, Illinois 60603, attorney 
    for ComEd.
        Non-timely 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 December 13, 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 room located at: for Byron, 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.
    
        Dated at Rockville, Maryland, this 27th day of October 1998.
    
        For the Nuclear Regulatory Commission.
    Ramin R. Assa,
    Project Manager, Project Directorate III-2, Division of Reactor 
    Projects--III/IV, Office of Nuclear Reactor Regulation.
    [FR Doc. 98-29265 Filed 10-30-98; 8:45 am]
    BILLING CODE 7590-01-P
    
    
    

Document Information

Published:
11/02/1998
Department:
Nuclear Regulatory Commission
Entry Type:
Notice
Document Number:
98-29265
Pages:
58794-58796 (3 pages)
Docket Numbers:
Docket Nos. STN 50-454, STN 50-455, STN 50-456, and STN 50-457
PDF File:
98-29265.pdf