[Federal Register Volume 63, Number 214 (Thursday, November 5, 1998)]
[Notices]
[Pages 59809-59811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29642]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-335, 50-389]
Florida Power & LIght Company; 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 or NRC) is
considering issuance of amendments to Facility Operating License Nos.
DPR-67 and NPF-16, issued to Florida Power & Light Company (the
licensee), for operation of the St. Lucie Plant, Units 1 and 2,
respectively, that are located in St. Lucie County, Florida.
The proposed amendments would revise the terminology used in the
St. Lucie Plant Technical Specifications (TSs) relative to the
implementation and automatic removal of certain reactor protection
system trip bypasses to
[[Page 59810]]
ensure that the meaning of explicit terms used in the TSs are
consistent with the intent of the stated requirements.
The circumstances surrounding this request support an exigent TS
amendment process. St. Lucie Unit 2 is scheduled to enter their 10th
refueling outage on November 9, 1998. The licensee currently plans to
begin the Unit 2 startup activities on December 1, 1998. The staff
finds that there are sufficient time restraints in the schedule, and
with the current TSs, the reactor could not be started up without
exposing the plant to the risk of unnecessary reactor trips. Therefore,
this amendment request will be handled on an exigent basis.
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) Operation of the facility in accordance with the proposed
amendment would not involve a significant increase in the
probability or consequences of an accident previously evaluated.
The proposed amendments are administrative in nature, and do not
change the function or the setpoints of the RPS trip bypass
features. The revisions simply make corrections to the Notation of
TS Tables 2.2-1 and 3.3-1 to ensure that the meaning of explicit
terms used in the Notes is consistent with the intent of the stated
requirements based on the St. Lucie plant design. The proposed
technical specification changes do not involve accident initiators,
do not change the configuration or method of operation of any plant
equipment that is used to mitigate the consequences of an accident,
and do not alter any conditions assumed in the plant accident
analyses. Therefore, operation of either facility in accordance with
its proposed amendment would not involve a significant increase in
the probability or consequences of an accident previously evaluated.
(2) Operation of the facility in accordance with the proposed
amendment would not create the possibility of a new or different
kind of accident from any accident previously evaluated.
The proposed amendments are administrative in nature and will
not change the physical plant or the modes of plant operation
defined in the Facility Operating Licenses. The changes do not
involve the addition or modification of equipment nor do they alter
the design or operation of plant systems. Therefore, operation of
either facility in accordance with its proposed amendment would not
create the possibility of a new or different kind of accident from
any accident previously evaluated.
(3) Operation of the facility in accordance with the proposed
amendment would not involve a significant reduction in a margin of
safety.
The proposed amendments are administrative in nature and do not
change the function or the setpoints of the RPS trip bypass
features. The revisions simply make corrections to the Notation of
TS Tables 2.2-1 and 3.3-1 to ensure that the meaning of explicit
terms used in the Notes is consistent with the intent of the stated
requirements based on the St. Lucie plant design. The proposed
changes do not alter the basis for any technical specification that
is related to the establishment of, or the maintenance of, a nuclear
safety margin. Therefore, operation of either facility in accordance
with its proposed amendment would 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 the amendment 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 amendment before the expiration of
the 14-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 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 November 19, 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 Indian River Community College Library,
3209 Virginia Avenue, Fort Pierce, Florida 34981-5596. 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
[[Page 59811]]
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 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 amendment is 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
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 M.S. Ross, Florida Power & Light
Company, P.O. Box 14000, Juno Beach, FL, 33408-0420, 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 29, 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 Indian River Community College
Library, 3209 Virginia Avenue, Fort Pierce, Florida 34981-5596.
Dated at Rockville, Maryland, this 30th day of October 1998.
For the Nuclear Regulatory Commission.
William C. Gleaves,
Project Manager, Project Directorate II-3, Division of Reactor
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 98-29642 Filed 11-4-98; 8:45 am]
BILLING CODE 7590-01-P
