[Federal Register Volume 62, Number 78 (Wednesday, April 23, 1997)]
[Notices]
[Pages 19818-19820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10633]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-400]
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.
NPF-63 issued to Carolina Power & Light Company (the licensee) for
operation of the Shearon Harris Nuclear Power Plant, Unit 1, located in
New Hill, North Carolina.
The proposed amendment would modify the emergency diesel generator
(EDG) circuitry to return the onsite power system to its original
functional design basis, minimize the need for operator action if a
loss of off-site power (LOOP) occurs during EDG testing, and to
eliminate the need to declare the EDG inoperable during periodic
testing. The proposed amendment must be issued in a timely manner to
avoid an unnecessary delay in the modification of the EDG circuitry,
and thus an unnecessary delay of the Harris unit 1 restart as a result
of the recent discovery by the licensee that the EDG circuitry is not
in compliance with the current plant Final Safety Analysis Report
(FSAR) and licensing basis requirements. Such a forced delay in the
unit restart is unnecessarily costly to the licensee, and the proposed
amendment would improve the reliability of the EDG in its designed
function during postulated design bases events. The licensee held a
meeting with the staff on April 7, 1997, to discuss the proposed
modification to the EDG protection circuitry and formally notified the
NRC staff that the proposed modification constitutes an unreviewed
safety question; and thus the modification would need the NRC review
and approval pursuant to the requirements of 10 CFR 50.59(c) and 10 CFR
50.90. On April 18, 1997, the licensee submitted their proposed
modification to the EDG circuitry and requested that staff approval be
granted under exigent circumstances pursuant to 10 CFR 50.91(a)(6). The
NRC staff is thus satisfied that, once formally notified of the
potential deficiency in the EDG protection circuitry, the licensee used
its best efforts to make a timely amendment request.
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.
Pursuant to 10 CFR 50.91(a)(6), for amendments to be granted under
exigent circumstances, the NRC staff must determine that the amendment
request involves no significant hazards considerations. 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:
[[Page 19819]]
1. The proposed change does not involve a significant increase
in the probability or consequences of an accident previously
evaluated.
The proposed design change does not change the overall design,
layout, and functional performance of the plant structures, systems,
and components (SSC), nor does it lower the quality class of any
SSC. Specifically, the probability of loss of both divisions of
onsite power remains unchanged because the safety related electrical
isolation feature of the LOOP relays is not affected and the
Technical Specification and FSAR requirement to test only one EDG at
a time is retained. The proposed design change does not increase the
onsite or offsite radiological effects previously evaluated in the
FSAR as a consequence of an accident.
Therefore, there would be no increase in the probability or
consequences of an accident previously evaluated.
2. The proposed change does not create the possibility of a new
or different kind of accident from any accident previously
evaluated.
The proposed modification does not create any new accident
initiators. The proposed modification restores the ability of the
EDG to respond to a bona fide LOOP as described in the FSAR. The
consequences of failure of any circuit components associated with
this modification would not result in accidents other than those
already addressed in the FSAR.
Therefore, the proposed change does not create the possibility
of a new or different kind of accident from any accident previously
evaluated.
3. The proposed change does not involve a significant reduction
in the margin of safety.
The margins of safety defined in the Technical Specification
Bases are not changed by the proposed modification. The proposed
modification restores the ability of the EDG to respond to a bona
fide LOOP as described in the FSAR and does not change the
acceptance limits defined in the Technical Specifications or the
FSAR.
Therefore, the proposed change 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
amendment request involves no significant hazards consideration.
The Commission is seeking public comments on this proposed
determination. Any comments received within 14 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 14-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 14-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 May 23, 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 Cameron Village Regional Library, 1930
Clark Avenue, Raleigh, North Carolina 27605. 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.
[[Page 19820]]
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 Mark Reinhart: 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
William D. Johnson, Vice President and Senior Counsel, Carolina Power &
Light Company, Post Office 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 April 18, 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 Cameron Village Regional Library, 1930
Clark Avenue, Raleigh, North Carolina 27605.
Dated at Rockville, Maryland, this 18th day of April 1997.
For the Nuclear Regulatory Commission.
Ngoc B. Le,
Project Manager, Project Directorate II-1, Division of Reactor
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 97-10633 Filed 4-22-97; 8:45 am]
BILLING CODE 7590-01-P
