[Federal Register Volume 62, Number 155 (Tuesday, August 12, 1997)]
[Notices]
[Pages 43187-43189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21245]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-325 and 50-324]
Carolina Power & 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 amendments to Facility Operating License Nos.
DPR-71 and DPR-62 issued to the Carolina Power & Light Company (the
licensee) for operation of the Brunswick Steam Electric Plant, Units 1
and 2 (BSEP) located in Southport, North Carolina.
[[Page 43188]]
NRC Generic Letter (GL) 88-01 outlines the NRC staff's positions on
intergranular stress corrosion cracking (IGSCC) in boiling water
reactor (BWR) austenitic stainless steel piping. Technical
Specification (TS) 4.0.5.f requires that the BSEP Inservice Inspection
(ISI) program be performed in accordance with the positions identified
in GL 88-01. The proposed amendments would modify TS 4.0.5.f in a
manner that would allow exceptions to these positions where specific
written relief has been granted by the NRC.
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.
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 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 amendments do not involve a significant increase
in the probability or consequences of an accident previously
evaluated.
Technical Specification 4.0.5.f provides inservice inspection
requirements (e.g., schedule, methods, personnel, and sampling) for
piping covered by the scope of NRC Generic Letter 88-01, ``NRC Staff
Position on IGSCC in BWR Austenitic Stainless Steel Piping'' dated
January 25, 1988. The proposed revision to Technical Specification
4.0.5.f provides a clarification for this piping regarding the use
of alternatives on schedule, methods, personnel, and sampling that
have been reviewed and accepted by the NRC staff. The proposed
change to Technical Specification 4.0.5.f is an administrative
change that clarifies that alternate requirements regarding
inspection schedules, methods, personnel, and sample expansion are
acceptable provided these alternatives have been reviewed and
approved by the NRC staff. The proposed license amendments do not
alter the function of existing equipment and will ensure that the
consequences of any previously evaluated accident do not increase.
As such, the proposed license amendments do not involve a
significant increase in the probability or consequences of an
accident previously evaluated.
2. The proposed amendments would not create the possibility of a
new or different kind of accident from any accident previously
evaluated.
The proposed revision to Technical Specification 4.0.5.f is an
administrative change [that] provides a clarification that alternate
requirements for inspection schedules, methods, personnel, and
sample expansion for piping susceptible to intergranular stress
corrosion cracking (IGSCC) are acceptable for use. Inclusion of this
clarification in Technical Specification 4.0.5.f is an
administrative change which will not introduce new equipment nor
require any existing equipment or systems to perform a different
type of function than they are presently designed to perform.
3. The proposed amendments do not involve a significant
reduction in a margin of safety.
As previously stated, the proposed revision to Technical
Specification 4.0.5.f provides a clarification allowing inspection
of austenitic stainless steel piping using alternatives on schedule,
methods, personnel, and sampling that have been reviewed and
accepted by the NRC staff. The proposed license amendments do not
introduce any new equipment nor do they require any existing
equipment or systems to perform a different type of function than
they are presently designed to perform. As such, the proposed change
to Technical Specification 4.0.5.f is administrative in nature.
Therefore, the proposed license amendments 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 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 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 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 20555-0001, 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 September 11, 1997, 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 University of North Carolina at
Wilmington, William Madison Randall Library, 601 S. College Road,
Wilmington, North Carolina 28403-3297. 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
[[Page 43189]]
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 20555-0001, 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 General Counsel, Carolina Power &
Light Company, P.O. Box 1551, Raleigh, North Carolina 27602, 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 July 25, 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 the University of North Carolina at
Wilmington, William Madison Randall Library, 601 S. College Road,
Wilmington, North Carolina 28403-3297.
Dated at Rockville, Maryland, this 6th day of August 1997.
For the Nuclear Regulatory Commission.
David C. Trimble,
Project Manager, Project Directorate II-1, Division of Reactor
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 97-21245 Filed 8-11-97; 8:45 am]
BILLING CODE 7590-01-P
