[Federal Register Volume 59, Number 38 (Friday, February 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4296]
[[Page Unknown]]
[Federal Register: February 25, 1994]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-317 and 50-318]
Baltimore Gas & Electric Co.; 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.
DPR-53 and DPR-69 issued to Baltimore Gas and Electric Company (the
licensee) for operation of the Calvert Cliffs Nuclear Power Plant, Unit
Nos. 1 and 2, located in Calvert County, Maryland.
The proposed amendments would allow the removal of an orifice plate
in the containment vent/purge line to allow greater flow through the
line. The restoration of full flow capability will result in less time
required to vent the containment. A reanalysis of the maximum
hypothetical accident, as currently described in the Update Final
Safety Analysis Report, was performed to support the requested
amendments. The results of the reanalysis indicate that the
consequences of the accident previously analyzed would be increased.
Although the consequences result in an increase in the fission product
release, the total doses are well within the limits of 10 CFR part 100,
``Factors to be considered when evaluating sites.''
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
amendments 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:
1. Involve a significant increase in the probability or
consequences of an accident previously evaluated; or
This proposed change does not involve an increase in the
probability of an accident previously evaluated. The removal of the
orifice plate will decrease the amount of time the containment vent/
hydrogen purge line is open to accomplish containment venting. This
decreases the probability of occurrence of a maximum hypothetical
accident while venting. In addition, this proposed change would not
affect any precursors to any of the accidents in the Updated Final
Safety Analysis Report.
However, this proposed change does involve an increase in the
consequences of an accident previously evaluated. In the worst case
event, a maximum hypothetical accident, the exclusion area whole
body dose and the low population zone thyroid and whole body doses
increased above the previously approved doses. This increase is not
significant. In fact, the offsite doses presented here are similar
to those reported in the NRC's Safety Evaluation Report [Safety
Evaluation of the Baltimore Gas and Electric Company's Calvert
Cliffs Nuclear Power Plant, Unit Nos. 1 and 2, dated August 28,
1972]. Other accident scenarios were evaluated to determine if this
change would impact them as well. No other accident scenario is
impacted by this change. Therefore, removal of the orifice plate in
the containment vent/hydrogen purge line does not involve a
significant increase in the probability or consequences of an
accident previously evaluated.
2. Create the possibility of a new or different type of accident
from any accident previously evaluated; or
The proposed change affects a previously evaluated accident, but
creates no new or different type of accident. The equipment required
to mitigate the consequences of an accident would continue to be
operable. We are not proposing to alter the function of any
equipment or have it operate differently than it was designed to
operate. In fact, we are restoring the containment vent/hydrogen
purge line to full flow capability by removal of an orifice plate.
Therefore, this change does not create the possibility of a new or
different type of accident from any accident previously evaluated.
3. Involve a significant reduction in a margin of safety.
The margin of safety defined by 10 CFR Part 100 has not been
significantly reduced. There will be an increase in the exclusion
area and low population zone doses, but the total dose is still
significantly less than the guidelines given in 10 CFR Part 100.
Additionally, the NRC has previously calculated offsite dose for
Calvert Cliffs [Safety Evaluation of the Baltimore Gas and Electric
Company's Calvert Cliffs Nuclear Power Plant, Unit Nos. 1 and 2,
dated August 28, 1992] using assumptions similar to those used for
the analysis performed in support of this request. The NRC's results
are similar to those obtained from our calculations. The increase in
dose does not affect any conclusions stated in the NRC's SER.
Therefore, the margin of safety has not been significantly reduced.
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
amendments 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 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
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 Rules Review and
Directives Branch, Division of Freedom of Information and Publications
Services, Office of Administration, U.S. Nuclear Regulatory Commission,
Washington, DC 20555, and should cite the publication date page number
of this Federal Register notice. Written comments may also be delivered
to Room P-223, Phillips Buildings, 7920 Norfolk Avenue, Bethesda,
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 20555.
The filing of requests of hearing and petitions for leave to
intervene is discussed below.
By March 28, 1994, 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 20555 and at the local
public document room located at the Calvert County Library, Prince
Frederick, Maryland 20678. 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 petition 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 amendments 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 amendments 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 amendments request involves
a significant hazards consideration, any hearing held would take place
before the issuance of any amendments.
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, 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 20555, 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 Robert A. Capra, Director, Project
Directorate I-1: 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, and to Jay E. Silbert, Esquire, Shaw, Pittman,
Potts and Trowbridge, 2300 N Street, NW., Washington, DC 20037,
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 the amendments dated November 4, 1993, which is
available for public inspection at the Commission's Public Document
Room, the Gelman Building, 2120 L Street, NW., Washington, DC 20555 and
at the local public document room located at the Calvert County
Library, Prince Frederick, Maryland 20678.
Dated at Rockville, Maryland, this 14th day of February.
For the Nuclear Regulatory Commission.
Daniel G. McDonald,
Project Manager, Project Directorate I-1, Division of Reactor
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 94-4296 Filed 2-24-94; 8:45 am]
BILLING CODE 7590-01-M
