[Federal Register Volume 59, Number 118 (Tuesday, June 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15023]
[[Page Unknown]]
[Federal Register: June 21, 1994]
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NUCLEAR REGULATORY COMMISSION
Duke Power Co.; Consideration of Issuance of Amendments to
Facility Operating Licenses, Proposed No Significant Hazards
Consideration Determination, and Opportunity for a Hearing
[Docket Nos. 50-369 and 50-370]
The U.S. Nuclear Regulatory Commission (the Commission) is
considering issuance of amendments to Facility Operating License No.
NPF-9 and Facility Operating License No. NPF-17 issued to Duke Power
Company (the licensee) for operation of the McGuire Nuclear Station,
Units 1 and 2, located in Mecklenberg County, North Carolina.
The proposed amendments would change the Technical Specifications
to increase Main Steam and Pressurizer Code Safety Valve Setpoint
Tolerances.
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:
The proposed amendment will not result in a significant increase
in the probability or consequences of any previously analyzed
accident. The valve lift setting is challenged only after a
transient has been initiated and is not a contributor to the
probability of any transient or accident. The transients which
involve pressure increases which would potentially challenge the
safety valves have been analyzed to determine the consequences of
delayed or premature valve actuation at the extremes of the new
setpoint tolerances. These analyses show that all applicable
acceptance criteria are met using the wider tolerances.
The proposed amendment will not result in the creation of any
new accident not previously evaluated. As noted above, the setpoint
tolerance only affects the time at which the safety valve opens
following or during a transient, and is not a contributor to the
probability of an accident.
The proposed amendment will not result in a significant decrease
in a margin of safety. The limiting transient in each accident
category has been analyzed to determine the affect of the change in
lift setpoint tolerance on the transient. In each case, the results
of the analyses met all applicable criteria.
Bases on the above, it is conclude that no significant hazard
considerations exist.
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, 11555 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
20555.
The filing of requests for hearing and petitions for leave to
intervene is discussed below.
By July 21, 1994, 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 20555 and at a local
public document room located at Atkins Library, University of North
Carolina, Charlotte (UNCC Station), North Carolina 28223. 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 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 20555, 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
David B. Matthews 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. Albert Carr, Duke Power Company, 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 5, 1994, as supplemented June 13,
1994, which are available for public inspection at the Commission's
Public Document Room, the Gelman Building, 2120 L Street, NW.,
Washington, DC 20555 and at the local public document room located at
Atkins Library, University of North Carolina, Charlotte (UNCC Station),
North Carolina 28223.
Dated at Rockville, Maryland, this 15th day of June 1994.
For the Nuclear Regulatory Commission.
Victor Nerses,
Project Manager, Project Directorate II-3, Division of Reactor
Projects-I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 94-15023 Filed 6-20-94; 8:45 am]
BILLING CODE 7590-01-M
