[Federal Register Volume 61, Number 247 (Monday, December 23, 1996)]
[Notices]
[Pages 67582-67584]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32488]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-353]
PECO Energy 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) is
considering issuance of an amendment to Facility Operating License No.
NPF-85 issued to PECO Energy Company (the licensee) for operation of
the Limerick Generating Station (LGS), Unit 2, located in Montgomery
County, Pennsylvania.
The proposed amendment would revise technical specification (TS)
Section 2.1 and its associated TS basis to reflect the change in the
Minimum Critical Power Ratio Safety Limit, due to the use of GE13 fuel
product line and the cycle-specific analysis performed by the General
Electric Company (GE), for LGS, Unit 2, Cycle 5.
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:
[[Page 67583]]
1. The proposed Technical Specifications (TS) change does not
involve a significant increase in the probability or consequences of
an accident previously evaluated.
The derivation of the revised Minimum Critical Power Ratio
(MCPR) Safety Limit for LGS Unit 2 Technical Specifications, and its
use to determine cycle-specific thermal limits have been performed
using NRC-accepted methodology described in ``General Electric
Standard Application for Reactor Fuel,'' NEDE-24011-P-A-13, and U.S.
Supplement, NEDE-24011-P-A-13-US, August 1996 and the Technical
Design Procedure (``GETAB Safety Limit'', TDP-0049, Revision 0, July
1996). This change in the MCPR Safety Limit cannot increase the
probability or severity of an accident.
The basis of the MCPR Safety Limit calculation is to ensure that
greater than 99.9% of all fuel rods in the core avoid transition
boiling if the limit is not violated. The new MCPR Safety Limit
preserves the existing margin to transition boiling and fuel damage
in the event of a postulated accident. The fuel licensing acceptance
criteria for the calculation of the MCPR Safety Limit apply to
Limerick Generating Station (LGS), Unit 2, Cycle 5 in the same
manner as they have applied previously. The probability of fuel
damage is not increased.
Therefore, the proposed TS change does not involve an increase
in the probability or consequences of an accident previously
evaluated.
2. The proposed TS change does not create the possibility of a
new or different kind of accident from any accident previously
evaluated.
The MCPR Safety Limit is a TS numerical value, designed to
ensure that fuel damage from transition boiling does not occur as a
result of the limiting postulated accident. It cannot create the
possibility of any new type of accident. The new Minimum Critical
Power Ratio (MCPR) Safety Limit is calculated using NRC-accepted
methodology described in ``General Electric Standard Application for
Reactor Fuel,'' NEDE-24011-P-A-13, and U.S. Supplement, NEDE-24011-
P-A-13-US, August 1996 and the Technical Design Procedure (``GETAB
Safety Limit'', TDP-0049, Revision 0, July 1996).
Therefore, the proposed TS change does not create the
possibility of a new or different kind of accident, from any
accident previously evaluated.
3. The proposed TS change does not involve a significant
reduction in a margin of safety.
The margin of safety as defined in the TS Bases will remain the
same. The new Minimum Critical Power Ratio (MCPR) Safety Limit is
calculated using NRC-accepted methodology described in ``General
Electric Standard Application for Reactor Fuel,'' NEDE-24011-P-A-13,
and U.S. Supplement, NEDE-24011-P-A-13-US, August 1996 and the
Technical Design Procedure (``GETAB Safety Limit'', TDP-0049,
Revision 0, July 1996). The fuel licensing acceptance criteria for
the calculation of the MCPR Safety Limit apply to LGS Unit 2, Cycle
5 in the same manner as they have applied previously. The MCPR
Safety Limit is set high enough to ensure that greater than 99.9% of
all fuel rods in the core avoid transition boiling if the limit is
not violated, thereby preserving the fuel cladding integrity.
Therefore, the proposed TS change does not involve a 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 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 22, 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 Pottstown Public Library, 500 High Street,
Pottstown, Pennsylvania 19464. 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
[[Page 67584]]
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: 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 John F. Stolz, Director, Project
Directorate I-2: 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 J. W. Durham, Sr., Esquire, Sr. V.P.
and General Counsel, Philadelphia Electric Company, 2301 Market Street,
Philadelphia, Pennsylvania 19101, 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 December 6, 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 Pottstown Public Library, 500 High
Street, Pottstown, Pennsylvania 19464.
Dated at Rockville, Maryland, this 17th day of December 1996.
For the Nuclear Regulatory Commission.
Joseph W. Shea,
Project Manager, Project Directorate I-2, Division of Reactor
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 96-32488 Filed 12-20-96; 8:45 am]
BILLING CODE 7590-01-P
