99-21399. Commonwealth Edison Company; Notice of Consideration of Issuance of Amendments to Facility Operating Licenses, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing  

  • [Federal Register Volume 64, Number 159 (Wednesday, August 18, 1999)]
    [Notices]
    [Pages 44962-44964]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-21399]
    
    
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    NUCLEAR REGULATORY COMMISSION
    
    [Docket Nos. STN 50-456 and STN 50-457]
    
    
    Commonwealth Edison Company; Notice of Consideration of Issuance 
    of Amendments to Facility Operating Licenses, 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 Licenses Nos. 
    NPF-72 and NPF-77, issued to the Commonwealth Edison Company (ComEd, 
    the licensee), for Braidwood Station, Unit Nos. 1 and 2, respectively, 
    located in Will County, Illinois.
        The proposed amendments would temporarily change the Technical 
    Specifications (TS) to increase the upper temperature limit for the 
    Ultimate Heat Sink (UHS) from 98 degrees Fahrenheit to 100 degrees 
    Fahrenheit. The proposed temporary change would be in effect until 
    September 30, 1999.
        Prolonged hot weather has resulted in sustained, elevated UHS 
    temperatures at Braidwood Station. Continued hot weather may result in 
    the UHS
    
    [[Page 44963]]
    
    temperature exceeding 98 degrees Fahrenheit. This would be expected to 
    occur before the Commission could publish a Notice in the Federal 
    Register that would allow 30 days for public comment.
        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.
        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 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:
    
        Does the change involve a significant increase in the 
    probability or consequences of an accident previously evaluated?
        Analyzed accidents are assumed to be initiated by the failure of 
    plant structures, systems or components. An inoperable UHS is not 
    considered as an initiator of any analyzed events. The analyses for 
    Braidwood Station, Units 1 and 2, assume an UHS temperature of 100 
    degrees Fahrenheit. Therefore, continued operation with an UHS 
    temperature less than or equal to 100 degrees Fahrenheit, until 
    September 30, 1999, will not increase the consequences of an 
    accident previously evaluated in the UFSAR [Updated Final Safety 
    Analysis Report]. The proposed change does not involve any physical 
    alteration of plant systems, structures or components. A UHS 
    temperature of up to 100 degrees Fahrenheit does not increase the 
    failure rate of systems, structures or components because the 
    systems, structures or components are rated and analyzed for 
    operation with Essential Service water temperatures of 100 degrees 
    Fahrenheit and the design allows for higher temperatures than at 
    which they presently operate.
        The basis provided in Regulatory Guide 1.27 ``Ultimate Heat Sink 
    for Nuclear Power Plants,'' Revision 2, dated January 1976, was 
    employed for the temperature analysis of the Braidwood Station UHS 
    to implement General Design Criteria 44 and 2 of Appendix A to 10 
    CFR Part 50. This Regulatory Guide was employed for both the 
    original design/licensing basis of the Braidwood Station UHS and a 
    subsequent evaluation which investigated the potential for 
    increasing the average water temperature of the UHS from less than 
    or equal to 98 degrees Fahrenheit to less than or equal to 100 
    degrees Fahrenheit. The meteorological conditions chosen for the 
    Braidwood Station UHS analysis utilized a synthetic 36-day period 
    consisting of the most severe 5 days, most severe 1 day, and the 
    most severe 30 days based on historical data. The heat loads 
    selected for the UHS analysis considered one Braidwood Unit in a 
    LOCA [Loss-of-Coolant Accident] condition concurrent with a Loss-of-
    Offsite Power (LOOP) and the remaining Braidwood unit undergoing a 
    normal plant shutdown. In the analysis, these heat loads are removed 
    by the UHS using only SX [essential service water] pumps. The main 
    condenser cooling pond is conservatively assumed not to be available 
    at the start of the event. The analysis shows that with an initial 
    UHS temperature of 100 degrees Fahrenheit, the required heat loads 
    can be met for 30 days while maintaining essential service water 
    temperatures at acceptable values.
        Based on the above facts and reasoning, it has been demonstrated 
    that the increase of the initial UHS temperature from less than or 
    equal to 98 degrees Fahrenheit to less than or equal to 100 degrees 
    Fahrenheit at the start of the design basis event will result in the 
    continued ability of the equipment and components supplied by the SX 
    system to perform their safety functions.
        Therefore, increasing the average water temperature of the UHS 
    from less than or equal to 98 degrees Fahrenheit to less than or 
    equal to 100 degrees Fahrenheit in TS 3.7.9, has no impact on any 
    analyzed accident. Raising this limit does not introduce any new 
    equipment, equipment modifications, or any new or different modes of 
    plant operation, nor does it affect the operational characteristics 
    of any equipment or systems. Therefore, these changes do not involve 
    a significant increase in the probability or consequences of an 
    accident previously evaluated.
        Does the change create the possibility of a new or different 
    kind of accident from any accident previously evaluated?
        The proposed action does not involve a physical alteration of 
    the units. There is no change being made to the parameters within 
    which the units are operated that is not bounded by the analyses. 
    There are no setpoints at which protective or mitigative actions are 
    initiated that are affected by this proposed action. This proposed 
    action will not alter the manner in which equipment operation is 
    initiated, nor will the function demands on credited equipment be 
    changed. No alteration in the procedures that ensure the units 
    remain within analyzed limits, is proposed, and no change is being 
    made to procedures relied upon to respond to an off-normal event. As 
    such, no new failure modes are being introduced. The proposed action 
    does not alter assumptions made in the safety analysis.
        Increasing the average water temperature of the UHS in TS 3.7.9 
    has no impact on plant operation. The proposed temperature limits 
    does not introduce new failure mechanisms for systems, structures or 
    components. The engineering analyses performed to support the UHS 
    temperature increase provides the basis to conclude that the 
    equipment is designed for the operation at elevated temperatures. In 
    addition, design and construction codes provided sufficient margin 
    to accommodate the proposed temperature change.
        Therefore, this proposed amendment does not create the 
    possibility of a new or different kind of accident from any accident 
    previously evaluated.
        Does the change involve a significant reduction in a margin of 
    safety?
        The proposed action allows operation with the UHS temperature 
    less than or equal to 100 degrees Fahrenheit until September 30, 
    1999. The margin defined by the difference in the assumed steady 
    state SX temperature and the calculated SX temperature profile 
    integrated over the duration of the event is not significantly 
    impacted. The margin of safety is determined by the design and 
    qualification of the plant equipment, the operation of the plant 
    within analyzed limits, and the point at which protective or 
    mitigative actions are initiated. The proposed action does not 
    impact these factors. There are no required design changes or 
    equipment performance parameter changes associated with this change. 
    No protection setpoints are affected as a result of this change. 
    This temperature increase will not change the operational 
    characteristics of the design of any equipment or system. All 
    accident analysis assumptions and conditions will continue to be 
    met. Thus, the proposed increase in temperature does not involve a 
    significant reduction in 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 
    amendments requested involve 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 amendments 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 amendments before the expiration 
    of the 14-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. The Commission expects that 
    the need to take this action will occur very infrequently.
    
    [[Page 44964]]
    
        Written comments may be submitted by mail to the Chief, Rules and 
    Directives Branch, Division of Administrative 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 6D59, 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 17, 1999, the licensee may file a request for a 
    hearing with respect to issuance of the amendments to the subject 
    facility operating licenses 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 Wilmington Public Library, 201 S. Kankakee 
    Street, Wilmington, Illinois 60481. 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 amendments 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 amendments are 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 amendments requested involve 
    no significant hazards consideration, the Commission may issue the 
    amendments and make them immediately effective, notwithstanding the 
    request for a hearing. Any hearing held would take place after issuance 
    of the amendments.
        If the final determination is that the amendments requested involve 
    a significant hazards consideration, any hearing held would take place 
    before the issuance of any amendments.
        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 Ms. Pamela B. Stroebel, Senior Vice 
    President and General Counsel, Commonwealth Edison Company, P.O. Box 
    767, Chicago, Illinois 60690-0767, 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 30, 1999, 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 Wilmington Public Library, 201 S. 
    Kankakee Street, Wilmington, Illinois 60481.
    
        Dated at Rockville, Maryland, this 12th day of August 1999.
    
        For the Nuclear Regulatory Commission.
    Stewart Bailey,
    Project Manager, Section 2, Project Directorate 3, Division of 
    Licensing Project Management, Office of Nuclear Reactor Regulation.
    [FR Doc. 99-21399 Filed 8-17-99; 8:45 am]
    BILLING CODE 7590-01-P
    
    
    

Document Information

Published:
08/18/1999
Department:
Nuclear Regulatory Commission
Entry Type:
Notice
Document Number:
99-21399
Pages:
44962-44964 (3 pages)
Docket Numbers:
Docket Nos. STN 50-456 and STN 50-457
PDF File:
99-21399.pdf