[Federal Register Volume 61, Number 241 (Friday, December 13, 1996)]
[Notices]
[Pages 65605-65607]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-31662]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-369 And 50-370]
Duke Power 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-9 and NPF-17 issued to Duke Power Company (the licensee) for
operation of the McGuire Nuclear Station, Units 1 and 2, located in
Mecklenburg County, North Carolina.
The proposed amendments would allow a one-time only change
necessary to replace the existing 125-volt D.C. battery cells with new
cells.
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 license has provided its analysis of
the issue of no significant hazards consideration, which is presented
below:
First Standard
Operation of the facility in accordance with the proposed
amendment will not involve a significant increase in the probability
or consequences of an accident previously evaluated.
The 125 volt DC Vital Instrumentation and Control Power System
is not an accident initiator. It serves as an accident mitigation
system. The new battery will be seismically mounted. There is no
change in cabling required for the new battery and no change in the
physical and electrical separation provisions for the battery. The
performance of plant safety functions will not be degraded by the
new battery.
The replacement battery consists of conventional low specific
gravity cells which will be purchased to meet the same plant
requirements as the installed battery. The replacement batteries
will be purchased from a 10CFR21 Supplier whose 10 CFR 50 Appendix B
Program has been audited by Duke's Supplier Verification Group.
Implementation of each battery bank replacement will require
approximately 30 days. During the replacement period, a temporary
battery bank, procured through the Commercial Grade Program for 1E
usage, will be connected in place. The temporary battery will be
installed in the Service Building due to space limitations in the
Battery Room in Auxiliary Building. During each battery replacement
period, the remaining three vital battery banks and their associated
equipment will remain in their normal configuration and will not be
reconfigured for preplanned activities or routine maintenance. The
performance of their safety functions will not be degraded. The
125VDC Vital I&C Power System will be restored to the fully
qualified configuration following each battery replacement period.
The ability to cross-tie the electrical buses for the batteries
(as allowed by TS [Technical Specification] LCO [Limiting Condition
for Operation] Action Statements) by manual action per procedure
remains available as a backup in the event that the temporary
battery is rendered unavailable during the replacement period. Each
vital battery is sized to carry the continuous emergency and
anticipated monetary loads of its own vital bus, and to also assume
the loads of another vital bus (in a backup capacity), all for a one
hour duty cycle.
The ambient temperature surrounding the temporary battery will
be periodically monitored to ensure it remains with the battery
specifications. Available ventilation in the temporary battery area
is sufficient to prevent accumulation of excess hydrogen.
For the above reasons, it can be concluded that the proposed
amendment will not involve a significant increase in the probability
or consequences of an accident previously evaluated.
Second Standard
The amendment would not create the possibility of a new or
different kind of accident from any kind of accident previously
evaluated.
There are no new or common failure modes created by the use of
low specific gravity cells. The low specific gravity battery
[[Page 65606]]
has exhibited consistently high reliability and will perform the
same function as the existing batteries.
The GNB Type NCN stationary battery * * * has been chosen as the
first option to replace the AT&T round cells. The GNB Type NCN
battery is of a conventional rectangular cell design with a
traditional vertical plate design. The second option is to use new
low specific gravity round cells for replacement. Both options for
battery replacement are sized in accordance with IEEE Std. 485-1983.
The temporary battery will be comprised of new low specific
gravity cells. The temporary battery and its rack will be the same
equipment that is normally used with the exclusion of the seismic
bracing and mounting apparatus. With the temporary battery
connected, there are no new failure modes for the distribution
equipment associated with the battery being replaced.
The temporary battery installation creates a potentially new
failure mode due to lack of seismic mounting and the location of the
temporary batteries (outside of the Vital Area in a non-Seismic
Category 1 structure). This new failure mode is considered
insignificant due to the short duration for which the temporary
configuration will be in place. Duke Power has analyzed the
temporary battery configuration from a probabilistic risk assessment
standpoint and has found the temporary battery has no significant
impact on the CDF [core damage frequency] at McGuire.
For these reasons, the possibility of a new or different kind of
accident from any kind of accident previously evaluated is not
created.
Third Standard
The amendment would not involve a significant reduction in a
margin of safety.
The vital batteries are required to power emergency and safe
shutdown loads for safety related instrument and control equipment
during certain accident conditions. Ultimately, safety related
equipment required to maintain the integrity of fission product
barriers depend upon proper performance of the new battery. The new
low specific gravity battery will meet the current licensing basis
and will perform the same safety function as the exiting vital
battery. As such, the replacement battery will not affect any
fission product barriers. The temporary battery is also fully
capable of performing the safety function of the system if required
and, thus, will have no detrimental impact on any fission product
barriers. All required procedures and training will be developed and
implemented prior to battery replacement. During the periods of
battery replacement, if the temporary battery should become
unavailable, the affected 125VDC channel will be declared inoperable
and the normal TS LCO will be applied.
Since the acceptance limits with respect to the required
redundancy and functional capability of the battery system are not
affected by this change, there is no reduction in the 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 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 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
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 January 13, 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 Atkins Library, University of North
Carolina, Charlotte, (UNCC Station), North 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 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 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
[[Page 65607]]
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: 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 Herbert N. Berkow: 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 20555-0001, and to Mr.
Albert Carr, Duke Power Company, 422 South Church Street, Charlotte,
North Carolina 28242, 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 November 26, 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 the Atkins Library,
University of North Carolina, Charlotte (UNCC Station), North
Carolina.
Dated at Rockville, Maryland, this 9th day of December, 1996.
For the Nuclear Regulatory Commission.
Victor Nerses,
Senior Project Manager, Project Directorate II-2, Division of Reactor
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 96-31662 Filed 12-12-96; 845 am]
BILLING CODE 7590-01-M
