[Federal Register Volume 62, Number 75 (Friday, April 18, 1997)]
[Notices]
[Pages 19143-19144]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10074]
[[Page 19143]]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-237 and 50-249]
Commonwealth Edison Company; 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.
DPR-19 and DPR-25, issued to Commonwealth Edison Company (ComEd, the
licensee) for operation of the Dresden Nuclear Power Station, Units 2
and 3, located in Grundy County, Illinois.
The proposed amendments would change the Technical Specifications
(TS) to reflect the installation of new reactor water level
instrumentation for the Emergency Core Cooling System (ECCS) actuation.
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 requested involve 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) Involve a significant increase in the probability or
consequences of an accident previously evaluated because of the
following:
The proposed change to note (f) to Table 4.2.B-1, which modifies
the surveillance frequency for the Reactor Vessel Water level Low
Low inputs to the CS, LPCI, HPCI, and ADS systems (items 1.a, 2.a,
3.a, and 4.a) and the Reactor Vessel Water level High trip input to
the HPCI system (item 3.c), will not increase the probability of or
the consequences of any accident previously evaluated in the SAR.
Similarly, the proposed editorial change to achieve consistency in
notation between tables 4.2.B-1 and 4.2.C-1 will not increase the
probability or consequences of any accident previously evaluated in
the SAR.
The surveillance requirements proposed for the Unit 3 Reactor
Vessel Water level transmitters are the same 18 month channel
calibration requirements required by Table 4.2.C-1 ``ATWS-RPT
Instrument Surveillance Requirements.'' The surveillance schedule
proposed for the new Unit 3 Reactor Vessel Water level analog trip
units has the same quarterly requirement as the replaced Yarway
level switches. The proposed change will impose a calibration
schedule on the post modification trip units only, the trip
setpoints of Table 3.2.B-1 ``ECCS Actuation Instrumentation'' will
not change.
The proposed change affects the scheduling of the surveillance
only and will not have any effect on the operating trip points of
the instrumentation. The proposed change cannot initiate any of the
accidents previously evaluated in the SAR. Based on this the
proposed change to note (f) will not increase the probability of any
accident nor the consequences of any accident previously evaluated
in the SAR.
The change to the table to achieve consistency with Table 4.2.C-
1 is an editorial change only. This editorial change will not
increase the probability of an accident previously evaluated, nor
will it increase the consequences of any accident previously
evaluated.
(2) Create the possibility of a new or different kind of
accident from any accident previously evaluated because:
The proposed change to note (f) provides a schedule for
performing channel calibrations on the Reactor Vessel Water Level
inputs to the ECCS System. The proposed change does not introduce
any new failure mechanisms or modes. The proposed change will not
create the possibility of a new or different type of accident
previously evaluated.
The change to the table is an editorial change only and will not
create the possibility of a new or different type of accident
previously evaluated.
(3) Involve a significant reduction in the margin of safety
because:
The proposed amendment only specifies a schedule for performing
channel calibrations for the Reactor Vessel Water level
instrumentation. The change will not impact the availability or trip
setpoints of the ECCS system. Further the editorial change to
achieve consistency between tables will not impact the availability
or operating setpoints of the instruments. Therefore, the proposed
changes do not involve a significant reduction in the margin of
safety.
Guidance has been provided in ``Final Procedures and Standards
on No Significant Hazards Considerations,'' Final Rule, 51 FR 7744,
for the application of standards to license change requests for
determination of the existence of significant hazards
considerations. This document provides examples of amendments which
are and are not considered likely to involve significant hazards
considerations.
This proposed amendment does not involve any irreversible
changes, a significant relaxation of the criteria used to establish
safety limits, a significant relaxation of the bases for the
limiting safety system settings or a significant relaxation of the
bases for the limiting conditions for operations. Therefore, based
on the guidance provided in the Federal Register and the criteria
established in 10 CFR 50.92(c), the proposed change does not
constitute a significant hazards consideration.
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 requested 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 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 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 May 19, 1997, the licensee may file a request for a hearing with
respect to issuance of the amendments to the subject facility operating
license and
[[Page 19144]]
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 Morris Area Public Library District, 604 Liberty Street, Morris,
Illinois 60450. 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
final determination will serve to decide when the hearing is held.
If the final determination is that the amendments requested involve
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 requested involve
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 20555-0001, 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 Robert A. Capra: 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
Michael I. Miller, Esquire; Sidley and Austin, One First National
Plaza, Chicago, Illinois 60603, 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 amendments dated January 24, 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 Morris Area Public Library
District, 604 Liberty Street, Morris, Illinois 60450.
Dated at Rockville, Maryland, this 14th day of April 1997.
For the Nuclear Regulatory Commission.
Robert M. Pulsifer,
Project Manager, Project Directorate III-2, Division of Reactor
Projects--III/IV, Office of Nuclear Reactor Regulation.
[FR Doc. 97-10074 Filed 4-17-97; 8:45 am]
BILLING CODE 7590-01-P
