[Federal Register Volume 63, Number 104 (Monday, June 1, 1998)]
[Notices]
[Pages 29759-29760]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14386]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-413 and 50-414]
Duke Energy Corporation; 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 and NPF-52, issued to Duke Energy Corporation (the licensee),
for operation of the Catawba Nuclear Station, Units 1 and 2, located in
York County, South Carolina.
The proposed amendments would revise Surveillance Requirement
Section 4.4.3.3 of the Technical Specifications. Section 4.4.3.3
currently requires that the emergency power supply for the pressurizer
heaters be demonstrated OPERABLE at least once per 18 months by
manually transferring power from the normal to the emergency power
supply. The licensee proposed to delete the ``manual'' requirement
because the power supply transfer at the unit was designed to be
automatic. The proposed requirement is to verify that required
pressurizer heaters are capable of being powered from an emergency
power supply once per 18 months.
The licensee requested approval on an exigent basis pursuant to its
request for enforcement discretion. The staff verbally granted the
enforcement discretion on May 22, 1998, and affirmed it by a subsequent
notice of enforcement discretion (NOED) letter dated May 26, 1998. The
NOED stated that the enforcement discretion is in effect until the
issuance of amendments to revise Section 4.4.3.3. The staff intends to
issue such an amendment within 4 weeks of the NOED letter. This
issuance schedule would not be accommodated by the normal 30-day notice
to the public.
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.
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 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:
First Standard
Implementation of this amendment would not involve a significant
increase in the probability or consequences of an accident
previously evaluated. Changing the requirements of SR [surveillance
requirement] 4.4.3.3 as previously described will not have any
impact on accident probabilities. It merely makes the TS [Technical
Specification] requirement consistent with the design of the
pressurizer heaters and the normal and emergency power supply
arrangement. In addition, no impact on accident consequences will
occur, since the design function of the pressurizer heaters will be
maintained and the heaters will be tested according to the manner in
which they were designed.
Second Standard
Implementation of this amendment would not create the
possibility of a new or different kind of accident from any accident
previously evaluated. Changing the requirements of SR 4.4.3.3 will
make the SR consistent with the actual design of the equipment it
governs. No design changes are being made to the plant and no
changes are being made to the manner in which the plant is operated
or tested. Therefore, no new accident causal mechanisms are created.
Third Standard
Implementation of this amendment would not involve a significant
reduction in a margin of safety. Margin of safety is related to the
confidence in the ability of the fission product barriers to perform
their design functions during and following an accident situation.
These barriers include the fuel cladding, the reactor coolant
system, and the containment system. The performance of the fission
product barriers will not be impacted by implementation of this
proposed amendment. The design function of the affected pressurizer
heaters and power supplies will not be affected. Therefore, no
safety margin will be adversely impacted.
Based upon the preceding analysis, [Duke Energy Corporation] has
concluded that the proposed amendment does not involve 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
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. 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 and
Directives Branch, Division of Administrative 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 6D59, 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 July 1, 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
[[Page 29760]]
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 29730. 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 a 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 the amendment is issued before the expiration of the 30-day
hearing period, the Commission will make a final determination on the
issue of no significant hazards consideration. If a hearing is
requested, 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 Mr. Paul R. Newton, Legal Department
(PB05E), Duke Energy Corporation, 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 amendments dated May 22, 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 York County Library, 138 East Black
Street, Rock Hill, South Carolina 29730.
Dated at Rockville, Maryland, this 27th day of May 1998.
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. 98-14386 Filed 5-29-98; 8:45 am]
BILLING CODE 7590-01-P
