[Federal Register Volume 63, Number 241 (Wednesday, December 16, 1998)]
[Notices]
[Pages 69328-69329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33256]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-413 and 50-414]
Duke Energy Corporation; 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-35 and NPF-52 issued to Duke Energy Corporation for operation of
the Catawba Nuclear Station, Units 1 and 2, respectively, located in
York County, South Carolina.
The proposed amendments would modify Section 3.8.3, ``Diesel Fuel
Oil, Lube Oil, and Starting Air,'' of the joint Improved Technical
Specifications (ITS). Specifically, the amendments would correct the
lube oil inventory requirement from a range of 575-600 gallons to a
range of 375-400 gallons. The current range was erroneously specified
based on incorrect information in the Catawba Updated Final Safety
Analysis Report.
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:
First Standard
Implementation of this amendment would not involve a significant
increase in the probability or consequences of an accident
previously evaluated. Approval of this amendment will have no
significant effect on accident probabilities or consequences. The
Diesel Generator Lube Oil System is not an accident initiating
system; therefore, there will be no impact on any accident
probabilities by the approval of this amendment. The design of the
system is not being modified by this proposed amendment. The
amendment merely aligns ITS requirements with the existing design
and function of the system. Therefore, there will be no impact on
any accident consequences.
Second Standard
Implementation of this amendment would not create the
possibility of a new or different kind of accident from any accident
previously evaluated. No new accident causal mechanisms are created
as a result of NRC approval of this amendment request. No changes
are being made to the plant which will introduce any new accident
causal mechanisms. This amendment request does not impact any plant
systems that are accident initiators, since the Diesel Generator
Lube Oil System is an accident mitigating system.
Third Standard
Implementation of this amendment would not involve a significant
reduction in a margin of safety. Margin of safety is related to the
confidence in the ability of the fission product barriers to perform
their design functions during and following an accident situation.
These barriers include the fuel cladding, the reactor coolant
system, and the containment system. The performance of these fission
product barriers will not be impacted by implementation of this
proposed amendment. The Diesel Generator Lube Oil System is already
capable of performing as designed. No safety margin will be
impacted.
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 amendment 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
[[Page 69329]]
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 German Building, 2120 L Street, NW., Washington, DC.
The filing of requests for hearing and petitions for leave to
intervene is discussed below.
By January 15, 1999, 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 German
Building, 2120 L Street, NW., Washington, DC, and at the local public
document room located at the York County Library, 138 East Black
Street, Rock Hill, South 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 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 preferring 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 preferring 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
amendments and make them 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 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 German 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 Mr. Paul R. Newton, Legal Department
(PB05E), Duke Energy Corporation, 422 South Church Street, Charlotte,
North Carolina, 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 December 7, 1998, which is available
for public inspection at the Commission's Public Document Room, the
German Building, 2120 L Street, NW., Washington, DC, and at the local
public document room located at the York County Library, 138 East Black
Street, Rock Hill, South Carolina.
Dated at Rockville, Maryland, this 10th day of December 1998.
For the Nuclear Regulatory Commission.
Peter S. Tam,
Senior Project Manager, Project Directorate II-2, Division of Reactor
Projects--I/II Office of Nuclear Reactor Regulation.
[FR Doc. 98-33256 Filed 12-15-98; 8:45 am]
BILLING CODE 7590-01-P
