[Federal Register Volume 61, Number 111 (Friday, June 7, 1996)]
[Notices]
[Pages 29140-29142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14391]
[[Page 29140]]
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-335]
Florida Power and 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.
DPR-67, issued to Florida Power and Light Company, (the licensee), for
operation of the St. Lucie Plant Unit No. 1 located in St. Lucie
County, Florida.
The proposed amendment would reduce the stated value of design
reactor coolant flow from 355,000 gpm to 345,000 gpm, revise the
reactor core thermal margin safety limits shown in FIGURE 2.1-1, and
modify the reactor coolant system total water and steam volume
described in the design features. The amendment also reduces the
Limiting Safety System Setting for the reactor coolant low flow trip
function from greater than or equal to 95% to greater than or equal to
93% of design reactor coolant flow. Finally, TS 2.1.1 is modified to
limit reactor power to less than or equal to 90% rated thermal power
for Cycle 14 operation exceeding mid-cycle fuel burn up conditions. The
revisions are being made to support changes in the safety analyses
which accommodate a larger number of plugged steam generator tubes.
On April 29, 1996, St. Lucie Unit 1 entered a scheduled refueling
outage. A margin of approximately 14% existed between the average
number of steam generator (SG) tubes that had been previously removed
from service and the number of plugged tubes assumed in the safety
analyses. Based on a 10-year history of 100% Eddy Current Testing
(ECT), and including additional inspection commitments pursuant to
generic letter (GL) 95-03, ``Circumferential Cracking of Steam
Generator Tubes,'' the number of tubes conservatively estimated to be
removed from service during this outage was far less than the remaining
analytical margin.
Based on meetings and conversations with NRC staff subsequent to
entry into the outage, concerns involving the qualification of
techniques for sizing SG tube crack-like indications were identified,
resulting in the staff questioning the SG tube repair criteria which
have been in place at Florida Power and Light Company (FPL) since 1985.
On May 14, 1996, FPL agreed to implement a more conservative criteria
for the Cycle 14 inspection. The licensee's assessment of the impact of
implementing this criteria indicates that the number of SG tubes to be
plugged may exceed the existing 25% (average) analyses limit.
The change in repair criteria and the magnitude of resultant SG
tube plugging could not have been reasonably anticipated prior to NRC
staff concerns having been communicated to FPL during the recent
meeting and discussions. The need for an amendment to implement revised
St. Lucie Unit 1 power and RCS flow limits could not have been
anticipated prior to assessing the impact of the change in repair
criteria following FPL's meeting and discussions with the NRC staff.
The necessary evaluations and preparation of the proposed license
amendment were initiated without delay and at the earliest practical
time. Analyses and quality assurance verifications to support the
proposed license amendment were completed in an expeditious manner, and
were performed in parallel with the ongoing tube examinations.
FPL expects to complete the refueling overhaul and the required
startup preparations by June 20, 1996. Until a license amendment is
issued to authorize operation with the proposed changes, resumption of
St. Lucie Unit 1 power operations will be prevented by the current
Technical Specifications.
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) Operation of the facility in accordance with the proposed
amendment would not involve a significant increase in the
probability or consequences of an accident previously evaluated.
The proposed amendment defines reactor core thermal margin
safety limits for a reduced value of design reactor coolant flow,
and establishes a revised Limiting Safety System Setting (LSSS) for
the protective system low flow trip. As core protection variables,
these limiting parameters are not accident initiators and do not
affect the frequency of occurrence of previously analyzed
transients. The design features' total water and steam volume
revision accounts for steam generator tube plugging and is simply
administrative in nature. Evaluations performed to assess the impact
of the proposed amendment conclude that, when considering a unit
derate to 90% rated thermal power for operation beyond 7000 EFPH in
Cycle 14 as required by the proposed change to TS 2.1.1, the
potential radiological consequences of previously analyzed
transients will conservatively remain within established acceptance
criteria. Therefore, operation of the facility in accordance with
this amendment would not involve a significant increase in the
probability or the consequences of any accident previously
evaluated.
(2) Operation of the facility in accordance with the proposed
amendment would not create the possibility of a new or different
kind of accident from any accident previously evaluated.
The proposed amendment revises limiting parameters to assure
safe operation commensurate with the impact of steam generator tube
plugging, and will not change the modes of operation defined in the
facility license. The analysis of transients associated with steam
generator failures are part of the design and licensing bases.
Therefore, operation of the facility in accordance with the proposed
amendment would not create the possibility of a new or different
kind of accident from any accident previously evaluated.
(3) Operation of the facility in accordance with the proposed
amendment would not involve a significant reduction in a margin of
safety.
The proposed amendment allows full power operation at an RCS
flow commensurate with 30% (average) steam generator tube plugging
for Cycle 14 fuel batch average burn up conditions corresponding to
mid-cycle. For operation beyond mid-cycle, reactor power will be
restricted to less than or equal to 90% rated thermal power. An
evaluation of limiting events to established acceptance criteria for
Specified Acceptable Fuel Design Limits (SAFDL), primary and
secondary over pressurization transients, 10 CFR 50.46(b) emergency
core cooling systems acceptance criteria, peak containment pressure,
potential radiation dose during accidents, and to TS Limiting
Conditions for Operation has been completed in support of this
amendment request. The evaluation concludes, when considering the
proposed LSSS for the Low Flow trip, that a conservative margin to
acceptable limits remains available. Therefore, operation of the
facility in accordance with this proposed amendment would not
involve a significant reduction in a margin of safety.
[[Page 29141]]
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 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 June 24, 1996, 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 Indian River Junior College Library, 3209
Virginia Avenue, Fort Pierce, Florida, 34954-9003. 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: 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 Frederick J. Hebdon: petitioner's name
[[Page 29142]]
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 Harold F. Reis, Esquire, Newman; and Holtzinger, 1615 L Street,
NW., Washington, DC 20036, 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 June 1, 1996, 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 Indian River Junior College Library, 3209
Virginia Avenue, Fort Pierce, Florida 34954-9003.
Dated at Rockville, Maryland, this 3rd day of June 1996.
For the Nuclear Regulatory Commission.
Leonard A. Wiens,
Senior Project Manager, Project Directorate II-3, Division of Reactor
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 96-14391 Filed 6-6-96; 8:45 am]
BILLING CODE 7590-01-P
