97-21246. Florida Power Corporation; Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing  

  • [Federal Register Volume 62, Number 155 (Tuesday, August 12, 1997)]
    [Notices]
    [Pages 43189-43191]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-21246]
    
    
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    NUCLEAR REGULATORY COMMISSION
    
    [Docket No. 50-302]
    
    
    Florida Power Corporation; 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 72, issued to the Florida Power Corporation, (FPC or the licensee), 
    for operation of the Crystal River Nuclear generating Unit 3 (CR3) 
    located in Citrus County, Florida.
        The proposed amendment would revise the CR3 technical 
    specifications (TS) to extend the frequency for certain surveillances 
    related to the emergency diesel generators (EDGs). Specifically, TS 
    Surveillance Requirements (SR) 3.3.8.1, and SR 3.8.1.3, would be 
    revised to extend the channel Functional test surveillance frequency 
    and the EDG operation, respectively, from 31 days to 60 days. The 
    proposed TS amendment would be a one time change and applicable until 
    November 23, 1997.
        Currently, CR3 is in a voluntary shutdown and is in Mode 5. As part 
    of its EDG load capacity upgrade program, the licensee originally 
    planned to replace the EDG radiator during its cycle 11R outage in 
    1998. The licensee has now determined that a potential exists for the 
    EDGs to exceed the design basis ambient temperature and as a result, 
    decided to implement the radiator replacement during the current 
    outage. Initially, the planned duration for these radiator 
    modifications was 25 days assuming a pre-fabricated radiator unit could 
    be used as the replacement radiator. As the final design and extent of 
    condition for the EDGs were determined, the licensee has discovered 
    that the pre-fabricated radiator design could not be used and the 
    radiator replacement involved more extensive fabrication than 
    originally anticipated. The licensee estimates that the revised work 
    scope may require 55 days, including the necessary post-modification 
    test for operability. This schedule is based on a continuous work 
    schedule, and contingency for rework, field challenges, or late 
    delivery of parts. Thus, the time required to do the modification work 
    exceeds the present TS surveillance interval.
        The licensee believes that while it is possible to perform these 
    surveillances with one EDG inoperable, such an approach, however, would 
    not be
    
    [[Page 43190]]
    
    desirable. These surveillances will require approximately 2 to 8 hours 
    during which time potential exists for a condition where both EDGs 
    could become inoperable at the same time. With both EDGs inoperable, a 
    loss of the operating Decay Heat Removal (DHR) capability would occur 
    during a loss of offsite power (LOOP), resulting in a heatup of the 
    reactor coolant system and reliance on the operable steam generator 
    steaming via the Atmospheric Dump Valves. Thus, simultaneously having 
    one EDG inoperable due to radiator replacement and performing the 
    monthly surveillances on the other EDG would reduce the overall 
    defense-in-depth due to the potential consequences of a LOOP. In 
    addition to a LOOP, the plant configuration requires bypassing the 
    undervoltage (UV) relays while performing these surveillance 
    procedures. The licensee states that based on its previous experience, 
    bypassing of the UV relays may potentially result in a lockout of the 
    power source and cause a loss of DHR capability.
        To avoid such reductions in the defense-in-depth associated with 
    performing the surveillance tests, and to complete the necessary 
    modifications during this current outage, the licensee requests NRC 
    approval for a one time change to its TS SR.
        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 change will not significantly increase the 
    probability or consequences of an accident previously evaluated.
        An increase in the surveillance interval from 31 days to 60 days 
    does not significantly decrease the reliability of the EDGs nor 
    degrade their ability to perform their intended safety function when 
    required. Based on data obtained over time the EDGs at CR-3 have an 
    excellent record of availability. This extension of the interval 
    will be applied to only one surveillance interval on each EDG and 
    will not be in effect after November 23, 1997.
        CR-3 obtains data from surveillance testing and operational 
    experience and maintains records of the unavailability of the EDGs 
    and the relays. CR-3 monitors a parameter referred to as 
    Unavailability Performance Indicator, defined as the sum of known 
    and estimated unavailable hours divided by hours system required.
        As a limited scope effort the records for 1994 through June, 
    1997 were reviewed. This data indicates very low values of the 
    performance indicator, with the average value for the 14 quarters 
    being 0.005. The yearly goal for this performance indicator was met 
    in the years reviewed. In total these records reflect low 
    unavailability; i.e., high availability.
        The EDG that is to remain operable during radiator replacement 
    on the other diesel will be surveilled in accordance with SR 3.3.8.1 
    and SR 3.8.1.3 just prior to initiation of the EDG outage. This test 
    will ensure its operability.
        Based on the high availability of the EDGs at CR-3 and the fact 
    that this is a one-time extension of the interval for each EDG, it 
    is concluded that this requested extension of the surveillance 
    interval will not result in a significant increased probability or 
    consequences of previously evaluated accidents.
        2. The proposed changes will not create the possibility of a new 
    or different kind of accident from any accident previously 
    evaluated.
        This request for technical specification changes addresses the 
    interval for performance of the surveillances on a one-time basis 
    for each diesel generator. This requested change to the license by 
    itself does not involve a modification to the EDG. The modifications 
    of the EDGs to replace the radiator have been evaluated pursuant to 
    10 CFR 50.59. The conclusion of that evaluation is that the radiator 
    replacement does not create the possibility of a new or different 
    kind of accident from any accident previously evaluated.
        Based on the above FPC concludes that changing the surveillance 
    frequency will not create the possibility of a new or different kind 
    of accident.
        3. The proposed change will not involve a significant reduction 
    to the margin of safety.
        As discussed above in item number one, the EDGs at CR-3 have a 
    record of high availability. The high availability reflected in 
    those records provides reasonable assurance that the operable EDGs 
    will remain operable during the extended interval between 
    surveillances. By not being required to perform the tests FPC will 
    maintain a higher level of safety than would be possible if the 
    tests were performed. Based on the high availability of the EDGs and 
    the fact that this extension of the surveillance frequency is for 
    one interval only FPC concludes that changing the surveillance 
    interval does not result in a significant reduction to 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 
    amendment request involves 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 amendment 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 amendment before the expiration of 
    the 14-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 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
    
    [[Page 43191]]
    
    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 Coastal Region Library, 8619 W. Crystal Street, Crystal River, 
    Florida 34428. 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: Rulemakings and 
    Adjudications Staff 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 R. Alexander Glenn, General Counsel, 
    Florida Power Corporation, MAC-A5A, P.O. Box 14042, St. Petersburg, 
    Florida 33733-4042, 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 August 4, 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 Coastal Region Library, 8619 W. Crystal 
    Street, Crystal River, Florida 34428.
    
        Dated at Rockville, Maryland, this 6th day of August 1997.
    
        For the Nuclear Regulatory Commission.
    L. Raghavan, Sr.,
    Project Manager, Project Directorate II-3, Division of Reactor 
    Projects--I/II, Office of Nuclear Reactor Regulation.
    [FR Doc. 97-21246 Filed 8-11-97; 8:45 am]
    BILLING CODE 7590-01-P
    
    
    

Document Information

Published:
08/12/1997
Department:
Nuclear Regulatory Commission
Entry Type:
Notice
Document Number:
97-21246
Pages:
43189-43191 (3 pages)
Docket Numbers:
Docket No. 50-302
PDF File:
97-21246.pdf