97-15112. 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  

  • [Federal Register Volume 62, Number 111 (Tuesday, June 10, 1997)]
    [Notices]
    [Pages 31633-31635]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-15112]
    
    
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    NUCLEAR REGULATORY COMMISSION
    
    [Docket Nos. STN 50-455 AND STN 50-457]
    
    
    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. 
    NPF-66 and NPF-77, issued to Commonwealth Edison Company (ComEd, the 
    licensee), for operation of Byron Station, Unit 2, located in Ogle 
    County, Illinois and Braidwood Station, Unit 2, located in Will County, 
    Illinois.
        The proposed amendments would revise the technical specifications 
    (TS) and associated bases for TS 4.5.2.b.1 related to the requirement 
    to vent the emergency core cooling system (ECCS) pump casing and high 
    points outside containment. The proposed changes will revise the 
    venting requirement to encompass the non-operating ECCS pumps and 
    discharge piping which are provided with high point vent valves. 
    Additionally, the wording of the surveillance will be revised to 
    clearly indicate that the installed high point vent valves and pump 
    casing vent valves will be utilized to accomplish the venting 
    operation. A new requirement will be added to ultrasonically examine 
    the discharge piping of the idle centrifugal pump and the portion of 
    the piping upstream of the high head safety injection isolation valves 
    adjacent to the vent valve every 31 days.
        On May 22, 1997, during review of a Byron surveillance procedure 
    for implementing TS 4.5.2.b.1 requirements for venting the ECCS, the 
    staff identified that the licensee was not in literal compliance with 
    the TS requirements for venting the centrifugal charging (CV) pumps (an 
    ECCS subsystem) and discharge piping. The TS require the ECCS pumps and 
    discharge piping to be vented every 31 days. Prior to questions raised 
    by the staff, ComEd considered themselves to be in compliance with the 
    TS by crediting the dynamic venting action of the operating CV pump as 
    meeting the requirement to ensure that the ECCS piping is full of 
    water. For the piping not directly in the flowpath, gas accumulation 
    was judged not to be credible due to the pressure inside the piping. 
    The idle CV pump was considered to be self-venting due to the system 
    design and piping configuration. During the May 22, 1997, discussions, 
    ComEd was informed that with regard to the high points in the CV pump 
    discharge lines, discharge piping downstream of the standby CV pump and 
    the piping upstream of the high head safety injection valves, that 
    includes the high point vent valve are not subject to system flow and 
    are, therefore, not flushed or vented. Although ComEd considered all CV 
    pumps to be operable, it concluded that the plants were not in literal 
    compliance with the TS and both trains of CV were declared inoperable 
    at 7:00 p.m. CDT. The licensee subsequently requested a Notice of 
    Enforcement Discretion (NOED) to continue operation. A NOED was granted 
    on May 23, 1997. Subsequent to issuance of the NOED, on May 24, 1997, 
    the licensee submitted, in accordance with NRC procedures, a request 
    for exigent license amendments to bring the plant operating 
    configuration and the TS into conformance.
        The May 24, 1997, application was supplemented on May 31, 1997, by 
    requesting an emergency license amendment for Byron, Unit 1, only. 
    Amendment No. 90 was issued for Byron, Unit 1, on June 1, 1997.
        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 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 amendments 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 change does not involve a significant increase 
    in the probability or consequences of an accident previously 
    evaluated.
        The changes proposed in this request will align the surveillance 
    requirements with the installed system design and normal operating 
    conditions. No increase in the probability of an accident will occur 
    as a result of this change. The conduct of surveillances required by 
    the Technical Specifications are not postulated to result in 
    accident initiation. The level of surveillance performed to date has 
    provided confidence that the objective of the current surveillance 
    requirement has been met. Ultrasonic examinations of CV piping which 
    had not been manually vented show that the affected piping is water 
    solid. The design of the pumps and installed piping configuration 
    are such that the standby pump is maintained under a positive 
    pressure. Evaluations previously performed in support of Amendment 
    36 confirmed that hydrogen introduced into the VCT [volume control 
    tank] will not come out of solution in the CV pump suction line. 
    Experience with performing the manual venting for all ECCS 
    subsystems to date has not resulted in the identification of 
    significant voiding. This was verified by a search of the station's 
    Problem Identification database. The applicable surveillance 
    procedure for performing the venting requires that a Problem 
    Identification Form be generated if significant voiding is 
    experienced. No such problems have been identified. As such, the 
    proposed change does not result in a significant increase in the 
    probability of occurrence of a previously analyzed accident.
        The consequences of a previously analyzed accident are not 
    increased. Operating experience has shown that the level of 
    surveillance performed to date is sufficient to provide confidence 
    that no significant voiding has occurred in the affected piping. 
    Ultrasonic examinations have confirmed the water solid condition of 
    the piping. Even though voiding is not expected, evaluation of 
    postulated voided conditions confirm that
    
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    unacceptable dynamic loading would not occur, and therefore the 
    integrity of the ECCS piping is not compromised. Thus, the ECCS will 
    be capable of performing its design function. This will ensure that 
    the consequences of a previously analyzed accident are not 
    significantly increased.
        Therefore, these proposed revisions do not result in a 
    significant increase in the probability or consequences of an 
    accident previously analyzed.
        2. The proposed change does not create the possibility of a new 
    or different kind of accident from any accident previously 
    evaluated.
        These proposed changes do not create the possibility of a new or 
    different kind of accident. ComEd has evaluated the piping 
    configuration for the ECCS discharge piping of the ECCS subsystems. 
    First, adequate controls have been implemented to provide assurance 
    that air intrusion is unlikely. Second, a specific evaluation of 
    both a voided 2'' and 8'' [Low Head Safety Injection] RH line was 
    performed. This evaluation concluded that the piping can withstand 
    the dynamic loads caused by the maximum credible air void. Due to 
    the higher pressure rating and smaller size of the [Intermediate 
    Head Safety Injection] SI and CV discharge piping, this evaluation 
    is considered bounding for the ECCS subsystems. The results of the 
    evaluation were submitted for staff review in a letter dated March 
    12, 1990, in support of Amendment 36 to the Braidwood Technical 
    Specifications. This change will not result in new failure modes 
    because no new equipment is installed, and installed equipment is 
    not operated in a new or different manner. Manual venting operations 
    have been performed as permitted by system operation and piping 
    configuration. Accordingly, this change will not create the 
    possibility of a new or different kind of accident.
        3. The proposed change does not involve a significant reduction 
    in a margin of safety.
        The margin of safety is not significantly reduced because the 
    proposed change will provide sufficient assurance that excessive 
    voiding will not occur. This will assure proper system functioning. 
    Venting of the idle subsystems in conjunction with the operating 
    conditions of the subsystems in operation provide confidence that 
    voiding is not present.
        This has been confirmed by the performance of ultrasonic 
    examinations of the piping of interest. This meets the objective of 
    the surveillance requirement and thus preserves 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 
    amendments requested involve 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 amendments 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 amendments before the expiration 
    of the 14-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. 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 July 10, 1997, the licensee may file a request for a hearing 
    with respect to issuance of the amendments to the subject facility 
    operating licenses 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: for Byron, the Byron Public Library District, 
    109 N. Franklin, P.O. Box 434, Byron, Illinois 61010; for Braidwood, 
    the Wilmington Public Library, 201 S. Kankakee Street, Wilmington, 
    Illinois 60481. 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
    
    [[Page 31635]]
    
    amendments 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 amendments are 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 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: 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. 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 Mr. 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 May 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: for Byron, the Byron Public Library District, 
    109 N. Franklin, P.O. Box 434, Byron, Illinois 61010; for Braidwood, 
    the Wilmington Public Library, 201 S. Kankakee Street, Wilmington, 
    Illinois 60481.
    
        Dated at Rockville, Maryland, this 3rd day of June 1997.
    
        For The Nuclear Regulatory Commission.
    George F. Dick, Jr.,
    Project Manager, Project Directorate III-2, Division of Reactor 
    Projects--III/IV, Office of Nuclear Reactor Regulation.
    [FR Doc. 97-15112 Filed 6-9-97; 8:45 am]
    BILLING CODE 7590-01-P
    
    
    

Document Information

Published:
06/10/1997
Department:
Nuclear Regulatory Commission
Entry Type:
Notice
Document Number:
97-15112
Pages:
31633-31635 (3 pages)
Docket Numbers:
Docket Nos. STN 50-455 AND STN 50-457
PDF File:
97-15112.pdf