[Federal Register Volume 63, Number 69 (Friday, April 10, 1998)]
[Notices]
[Pages 17900-17902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-9652]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-325]
Carolina Power & Light 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.
DPR-71 issued to the Carolina Power & Light Company (the licensee) for
operation of the Brunswick Steam Electric Plant, Unit 1 (BSEP) located
in Southport, North Carolina.
In an application dated February 23, 1998, as supplemented on March
27, 1998, the licensee proposed a license amendment to change the
Technical Specifications (TS) for the Safety Limit Minimum Critical
Power Ratio (SLMCPR) pertaining to two/single recirculation loop
operation. A footnote is being added to the SLMCPR value in TS and the
associated action statement. The proposed change is limited to Cycle 12
operation only. The amendment also includes a reference in the TS to
the NRC's Safety Evaluation approving the proposed license amendment.
The amendment request is provided both in the current TS and improved
Standard Technical specification (iSTS) format. The licensee's proposed
amendment for conversion to iSTS is currently under Nuclear Regulatory
Commission (NRC) staff review.
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:
1. The proposed license amendment does not involve a significant
increase in the probability or consequences of an accident
previously evaluated.
The proposed license amendment establishes a revised SLMCPR
value of 1.09 for two recirculation loop operation and 1.10 for
single recirculation loop operation for use during Unit 1 Cycle 12
operation. The derivation of the cycle-specific SLMCPRs was
performed using ``General Electric Standard Application for Reactor
Fuel,'' NEDE-24011-P-A-13; U. S. Supplement, NEDE-24011-P-A-13-US,
August 1996; and the ``Proposed Amendment 25 to GE Licensing Topical
Report NEDE-24011-P-A (GESTAR II) on Cycle Specific Safety Limit
MCPR.'' Amendment 25 was submitted by General Electric Nuclear
Energy (GE) to the NRC on December 13, 1996. GE has determined that
both generic and plant-specific evaluations yield the same
calculated SLMCPR value for Unit 1 Cycle 12. The probability of an
evaluated accident is derived from the probabilities of the
individual precursors to that accident. The consequences of an
evaluated accident are determined by the operability of plant
systems designed to mitigate those consequences. Limits have been
established, consistent with NRC approved methods, to ensure that
fuel performance during normal, transient, and accident conditions
is acceptable. The SLMCPR is a Technical Specification numerical
value that cannot initiate an accident. No individual precursors of
an accident are affected. Therefore, the probability of an evaluated
accident is not increased by revising the SLMCPR value to 1.09 for
two recirculation loop operation and to 1.10 for single loop
operation.
The proposed license amendment establishes a revised SLMCPR that
ensures the fuel is protected during normal operation and during any
plant transients or anticipated operational occurrences.
Specifically, the reload analysis demonstrates that a SLMCPR value
of 1.09 for two recirculation loop operation and 1.10 for single
loop operation ensures that less than 0.1 percent of the fuel rods
will experience boiling transition during any plant operation if the
limit is not violated.
Based on (1) the determination of the new SLMCPR value using
conservative approved methods, and (2) the operability of plant
systems designed to mitigate the consequences of accidents not
having been changed; the consequences of an accident previously
evaluated have not been increased.
Additionally, the proposed license amendment establishes a
footnote for the SLMCPR value in Technical Specification 2.1.2 and
revises TS 6.9.3.2.c to reference the NRC Safety Evaluation
associated with approval of the proposed license amendment. The
footnote for the SLMCPR value in TS 2.1.2, as well as reference
``c'' in TS 6.9.3.2, are associated with the acceptance of the
SLMCPR value for Unit 1 Cycle 12 operation only. Thus, these changes
are administrative revisions that have no effect on the probability
or consequences of accidents previously evaluated.
2. The proposed license amendment does not create the
possibility of a new or different kind of accident from any accident
previously evaluated.
[[Page 17901]]
This proposed license amendment involves a revision of the
SLMCPR to 1.09 for two recirculation loop operation and to 1.10 for
single loop operation based on the results of both cycle-specific
and generic analyses. Additionally, the proposed license amendment
establishes a footnote for the SLMCPR value in TS 2.1.2 and revises
TS 6.9.3.2.c to reference the NRC Safety Evaluation associated with
approval of the proposed license amendment. Creation of the
possibility of a new or different kind of accident would require the
creation of one or more new precursors of that accident. New
accident precursors may be created by modifications of the plant
configuration, including changes in allowable modes of operation.
This proposed license amendment does not involve any modifications
of the plant configuration or changes in the allowable modes of
operation. Therefore, no new precursors of an accident are created
and no new or different kinds of accidents are created.
3. The proposed license amendment does not involve a significant
reduction in a margin of safety.
As previously stated, the derivation of the cycle-specific
safety limit MCPRs was performed using ``General Electric Standard
Application for Reactor Fuel,'' NEDE-24011-P-A-13; U. S. Supplement,
NEDE-24011-P-A-13-US, August 1996; and the ``Proposed Amendment 25
to GE Licensing Topical Report NEDE-24011-P-A (GESTAR II) on Cycle
Specific Safety Limit MCPR.'' Amendment 25 was submitted by GE to
the NRC on December 13, 1996. GE has determined that both generic
and plant-specific evaluations yield the same calculated SLMCPR
value for Unit 1 Cycle 12. Use of these methods ensures that the
resulting SLMCPR satisfies the fuel design safety criteria that less
than 0.1 percent of the fuel rods experience boiling transition if
the safety limit is not violated. Based on the assurance that the
fuel design safety criteria will be met, the proposed license
amendment does not involve a significant reduction in a margin of
safety.
Additionally, the proposed license amendment establishes a
footnote for the safety limit MCPR value in TS 2.1.2 and revises TS
6.9.3.2.c to reference the NRC Safety Evaluation associated with
approval of the proposed license amendment. The footnote on the
SLMCPR value in TS 2.1.2, as well as reference ``c'' in TS 6.9.3.2,
are associated with the use of a SLMCPR value for Unit 1 Cycle 12
operation only. Thus, these changes are administrative revisions
that have no effect on 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 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 20555-0001, 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 May 11, 1998, 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 University of North Carolina at
Wilmington, William Madison Randall Library, 601 S. College Road,
Wilmington, North Carolina 28403-3297. 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 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
[[Page 17902]]
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: Rulemakings and
Adjudications Staff, or may be delivered to the Commission's Public
Document Room, the Gelman 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 General Counsel, Carolina Power &
Light Company, P.O. Box 1551, Raleigh, North Carolina 27602, 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 February 23, 1998, as supplemented on
March 27, 1998, 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 University of North Carolina at Wilmington, William Madison Randall
Library, 601 S. College Road, Wilmington, North Carolina 28403-3297.
This notice supersedes the Federal Register notice of March 25, 1998
(63 FR 14484).
Dated at Rockville, Maryland, this 7th day of April 1998.
For the Nuclear Regulatory Commission.
David C. Trimble,
Project Manager, Project Directorate II-1, Division of Reactor
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 98-9652 Filed 4-9-98; 8:45 am]
BILLING CODE 7590-01-P
