97-6343. Duke Power Company, et al.; Notice of Consideration of Issuance of Amendments to Facility Operating Licenses, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing  

  • [Federal Register Volume 62, Number 49 (Thursday, March 13, 1997)]
    [Notices]
    [Pages 11931-11933]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-6343]
    
    
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    NUCLEAR REGULATORY COMMISSION
    
    [Docket Nos. 50-413 and 50-414]
    
    
    Duke Power Company, et al.; 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
    
    [[Page 11932]]
    
    and NPF-52 issued to Duke Power Company, et al. (the licensee), for 
    operation of the Catawba Nuclear Station, Units 1 and 2, located in 
    York County, South Carolina.
        The proposed amendments would revise Section 3/4.7.1.6 of the 
    Technical Specifications, and Section 15.6.3 of the Updated Final 
    Safety Analysis Report to require four instead of three steam generator 
    pressure operated relief valves (PORVs) operable, and allowing credit 
    for local operation of the PORVs.
        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:
    
        This proposed change has been evaluated against the standards in 
    10 CFR 50.92 and has been determined to involve no significant 
    hazards, in 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:
        The proposed Technical Specification amendment ensures that the 
    consequences of a postulated SGTR [steam generator tube rupture] 
    accident are enveloped by current analyses. The proposed Technical 
    Specification amendment, together with credit for local manual 
    operation of one S/G [steam generator] PORV [power-operated relief 
    valve], will ensure that adequate margin to overfill exists for the 
    SGTR accident. Furthermore, with administrative controls currently 
    in place regarding reactor coolant specific activity, this 
    requirement ensures that offsite doses following the SGTR accident 
    remain within the dose analysis of record. These administrative 
    controls are expected to be lifted with the completion of dose 
    analyses based on more detailed input in place of the conservative 
    assumptions made to support the restrictions. The requirement to 
    maintain all four S/G PORVs operable is more restrictive than the 
    current requirement, and therefore does not adversely affect the 
    consequences of any analyzed accident.
        The accident in which the S/G PORVs are considered to be 
    accident initiators is discussed in Section 15.1.4 of the Catawba 
    UFSAR [Updated Final Safety Analysis Report]. Considering the 
    number, design features and reliability of steam dump to condenser 
    valves (nine), atmospheric dump valves (nine), S/G Code Safety 
    Valves (twenty), and S/G PORVs (four), the requirement to maintain 
    all four S/G PORVs operable does not significantly increase the 
    probability of inadvertent opening of steam dump valve as analyzed 
    in Section 15.1.4 of the Catawba UFSAR. As reported in Section 
    15.1.4 of the Catawba UFSAR, inadvertent opening of a[n] S/G PORV is 
    enveloped by the consequences of a postulated Main Steam Line Break. 
    The requirement to maintain all four S/G PORVs operable does not in 
    any way change this.
        (2) Create the possibility of a new or different kind of 
    accident from any previously evaluated:
        No new accident types have been identified for the S/G PORVs or 
    any SSCs [systems, structures, and components] associated with or 
    connected to the S/G PORVs. With respect to the types of accidents 
    that should be considered, the Standard Review Plan and the Catawba 
    UFSAR are considered to be complete for Catawba Nuclear Station.
        (3) Involve a significant reduction in the margin of safety:
        Margin of safety is related to confidence in fission product 
    barriers. The proposed Technical Specification amendment, along with 
    credit for local manual operation of one S/G PORV, will ensure that 
    there is adequate margin of overfill. Therefore, the steam lines, S/
    G PORVs and the code safety relief valves will not be degraded 
    following a design basis SGTR. This amendment will also ensure that 
    steaming of the ruptured S/G is not necessary to effect plant 
    cooldown after a postulated SGTR. Along with administrative controls 
    currently in place regarding reactor coolant specific activity, this 
    requirement ensures that offsite doses following SGTR remain within 
    values of the dose analysis of record. These administrative controls 
    are expected to be lifted with the completion of dose analyses based 
    on more detailed input in place of the conservative assumptions made 
    to support the restrictions. In summary, this proposed amendment 
    does not involve a significant 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 
    requested amendments involve 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 March 14, 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 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,
    
    [[Page 11933]]
    
    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 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 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 amendment dated March 7, 1997, 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 York County Library, 138 East Black 
    Street, Rock Hill, South Carolina.
    
        Dated at Rockville, Maryland, this 10th day of March 1997.
    
        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. 97-6343 Filed 3-12-97; 8:45 am]
    BILLING CODE 7590-01-P
    
    
    

Document Information

Published:
03/13/1997
Department:
Nuclear Regulatory Commission
Entry Type:
Notice
Document Number:
97-6343
Pages:
11931-11933 (3 pages)
Docket Numbers:
Docket Nos. 50-413 and 50-414
PDF File:
97-6343.pdf