[Federal Register Volume 59, Number 125 (Thursday, June 30, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15941]
[[Page Unknown]]
[Federal Register: June 30, 1994]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-295 and 50-304]
Commonwealth Edison Co.; Notice of Consideration of Issuance of
Amendments to Facility Operating Licenses, Proposed No Significant
Hazards
The U.S. Nuclear Regulatory Commission (the Commission) is
considering issuance of an amendment to Facility Operating License Nos.
DPR-39 and DPR-48, issued to the Commonwealth Edison Company (CECo, the
licensee), for operation of the Zion Station, Units 1 and 2, located in
Lake County, Illinois.
The proposed amendments would consist primarily of an
administrative change to the Zion Station's Technical Specifications
(TSs) to reflect an exemption to 10 CFR part 50, appendix J, section
III.D.3.
The exemption from section III.D.3 of appendix J, which is
schedular in nature, would authorize the licensee to defer, on a one
time only basis, the Type C leak rate testing requirements for valves
1(2)MOV-CC685 until the next refueling outage for each unit. NRC
approval of this request would allow CECo continued operation of both
units in full compliance with the operating license.
Emergency circumstances existed in 1991, in that prior to that
date, CECo was unaware of a number of penetrations and their associated
valves, including 1(2)MOV-CC685, which had never been Type C leak rate
tested in accordance with 10 CFR part 50, appendix J. On April 5, 1991,
the NRC issued an Emergency Technical Specification Amendment (EMTSA)
which allowed continued operation of Zion, Units 1 and 2, until their
next refueling outages, at which time the required Type C leak rate
tests for those penetrations were to be performed. The staff expected
that 1(2)MOV-CC685 and the other penetrations would be subjected to the
appropriate modifications and required testing performed, which would
put Zion Station in compliance with the Type C testing requirement.
However, on June 8, 1994, it was determined by Zion Station that the
Type C leak rate testing requirement had inadvertently not been met for
1(2)MOV-CC685. On June 13, 1994, the NRC issued a Notice of Enforcement
Discretion (NOED) not to enforce compliance with the Technical
Specification (TS) for Zion Nuclear Power Station, Units 1 and 2
pending submittal of a schedular exemption request to the requirements
of 10 CFR part 50, appendix J, and a Technical Specification amendment
request. The exigent nature of this request is necessary due to the
identification of this issue after the completion of the Zion Station's
refueling outage and startup operations and is required to be reviewed
quickly by the staff to support an exemption request from the
requirements to test in accordance with 10 CFR part 50, appendix J, for
valves 1(2)MOV-CC685 until the next refueling outage for each unit. The
exemption request was submitted by the licensee in another letter, also
dated June 16, 1994.
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 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. The proposed amendment does not involve a significant
increase in the probability of occurrence or consequences of any
accident previously evaluated.
The subject pathway and associated containment isolation valves
1(2)MOV-CC685and 1(2)MOV-CC9438 provide the necessary assurance to
conclude that the overall containment leakage rates will remain
within the limits assumed in the accident analysis. Failures in
excess of design basis requirements would be necessary to adversely
impact the offsite dose in the unlikely event of an accident. This
conclusion can be reached since the isolation barriers of the
Component Cooling Water return from the reactor coolant pumps'
thermal barriers meet the following criteria:
--are of seismic design,
--are required to operate post accident (except for large break
LOCA),
--the valves close automatically on Phase B isolation signal,
--are subject to Emergency Operating Procedure guidance for manual
IVSW system actuation,
--are of similar design and exposed to similar environments as those
penetrations that are Type C leak tested,
As such, the consequences of previously evaluated accidents, with
respect to offsite dose considerations, would not be significantly
impacted.
2. The proposed amendment does not create the possibility of a new
or different kind of accident from any previously analyzed.
The proposed changes to the Technical Specifications do not result
in plant operations or configurations that could create a new or
different type of accident. Installed plant equipment is not operated
in a new or different manner. The proposed amendment does not add new
or different types of plant equipment nor do the proposed changes alter
any plant procedures used during recovery from accidents described in
the analysis. As such, it can be concluded that the possibility for a
new or different type of accident has not been introduced.
3. The proposed changes do not involve a significant reduction in a
margin of safety.
As described in Technical Specification Bases, dose calculations
suggest that the public exposure would be well below the 10 CFR 100
values in the event of a design basis accident.
Calculations indicate that the accident leak rate could be allowed
to increase to approximately 0.148%/day before the guidance thyroid
[dose] value given in 10 CFR 100 would be exceeded. However, the 0.1%/
day pre-operational test acceptance criteria provides an adequate
margin of safety to assure the health and safety of the public.
Additional margin is achieved by establishing the allowable operational
leakage rate at 0.075%/day. The measured containment leakage rates are
well within that limit. Despite the lack of Type C testing of the
subject valves in strict compliance with appendix J, substantial
barriers to fission product release are provided by the intact system
piping and associated valves.
Testing that has been completed on the subject valves and
penetrations provides a high degree of confidence that Type C leakage
limits would be met. Based on this it is concluded that the proposed
changes to the Technical Specifications do not involve a significant
reduction in a 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 15 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 15-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 15-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 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 August 1, 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 20555 and at the local public
document room located at the Waukegan Public Library, 128 N. County
Street, Waukegan, Illinois 60085. 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
respects 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, 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 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, and to Michael I.
Miller, Esquire; Sidley and Austin, One First National Plaza, Chicago,
Illinois 60690, 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 date June 16, 1994, which is 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 Waukegan Public Library, 128 N. County
Street, Waukegan, Illinois 60085.
Dated at Rockville, Maryland, this 24th day of June 1994.
For The Nuclear Regulatory Commission.
Robert A. Capra,
Project Directorate III-2, Division of Reactor Projects--III/IV, Office
of Nuclear Reactor Regulation.
[FR Doc. 94-15941 Filed 6-29-94; 8:45 am]
BILLING CODE 7590-01-M
