[Federal Register Volume 61, Number 74 (Tuesday, April 16, 1996)]
[Notices]
[Pages 16649-16651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9296]
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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 an amendment to Facility Operating License Nos.
NPF-35 and NPF-52 issued to the Duke Power Company (the licensee) for
operation of the Catawba Nuclear Station, Units 1 and 2, located in
York County, South Carolina.
The proposed amendments would change the containment hydrogen
mitigation system Technical Specifications (TS) to provide that, if
neither the Train A or Train B igniter is operable in any one
containment region, then there is an allowance of 7 days to restore one
hydrogen ignitor to OPERABLE status, or be in Hot Shutdown within the
next 6 hours. This would be consistent with the guidance of the
Standard TS for Westinghouse plants, NUREG-1431. The current TS does
not provide for inoperable ignitors on the two redundant trains being
in the same containment region. Other administrative and editorial
changes were proposed to TS 3/4.6.4.3 to provide consistency of format
and text with the Standard TS (NUREG-1431). Associated changes were
also proposed for the Bases. A recent performance of the 92-day ignitor
surveillance test determined that one ignitor in Train B did not
energize and had failed. The area of the containment covered by this
ignitor cannot be accessed during power operation for repairs due to
the radiation levels in this area.
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:
Criterion 1
The requested amendments will not involve a significant increase
in the probability or consequences of an accident previously
evaluated. No impact upon accident probabilities will be created,
since the HIS [Hydrogen Ignition System] System is not an accident
initiating system. In addition, allowance for a single location in
the containment to be without an operable ignitor, is afforded by
the low probalility of the occurrence of a degraded core event that
would generate hydrogen in amounts
[[Page 16650]]
equivalent to a metal water reaction of 75% of the core cladding and
the length of time after the event that operator action would be
required to prevent hydrogen accumulation from exceeding this limit.
Adjacent areas to the single area without an operable hydrogen
ignitor provide capability to maintain the hydrogen concentrations
during degraded core accidents [within] acceptable limits by flame
propagation to the region without operable hydrogen ignitors. No
impact on the plant response to any accident will be created (either
design basis or beyond-design basis).
Criterion 2
The requested amendments will not create the possibility of a
new or different kind of accident from any accident previously
evaluated. As stated previously, the HIS System is not an accident
initiating system. No new accident causal mechanisms will be created
as a result of adopting the requirements of NUREG-1431. Plant
operation will not be affected by the proposed amendments and no new
failure modes will be created.
Criterion 3
The requested amendments will not involve a significant
reduction in a margin of safety. No adverse impact upon any plant
safety margins will be created. As discussed previously, the
allowance for a single containment region to be without operable
hydrogen ignitors for 7 days will have no adverse consequences. No
fission product barriers are being degraded. No change to the manner
in which the units are operated is being made.
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 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 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 15, 1996, 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, 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
[[Page 16651]]
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, 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, and to Mr. Paul R. Newton,
422 South Church Street, Charlotte, NC 28202-0001, 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 April 3, 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 York County Library, 138 East Black
Street, Rock Hill, South Carolina.
Dated at Rockville, Maryland, this 9th day of April 1996.
For the Nuclear Regulatory Commission.
Robert E. Martin,
Senior Project Manager, Project Directorate II-2, Division of Reactor
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 96-9296 Filed 4-15-96; 8:45 am]
BILLING CODE 7590-01-P
