[Federal Register Volume 65, Number 182 (Tuesday, September 19, 2000)]
[Notices]
[Pages 56600-56602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-24059]
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NUCLEAR REGULATORY COMMISSION
Duke Energy Corporation; Notice of Consideration of Issuance of
Amendments to Facility Operating Licenses, Proposed No Significant
Hazards Consideration Determination, and Opportunity for a Hearing
[Docket Nos. 50-269, 50-270, and 50-287]
The U.S. Nuclear Regulatory Commission (the Commission) is
considering issuance of amendments to Facility Operating License Nos.
DPR-38, DPR-47, and DPR-55, issued to the Duke Energy Corporation (the
licensee), for operation of the Oconee Nuclear Station, Units 1, 2, and
3, respectively, located in Seneca, South Carolina.
The proposed amendment would revise Technical Specification (TS)
Surveillance Requirement (SR) 3.8.1.9.a as it relates to the annual
test of the Keowee Hydro Units (KHUs) by adding a Note stating: ``The
upper limits on frequency and voltage are not required to be met until
the NRC issues an amendment that removes this Note (license amendment
request to be submitted no later than April 5, 2001).''
The present annual SR requires verification on an actual or
simulated emergency actuation signal that each KHU automatically starts
and achieves an output frequency 57 Hertz (Hz) and
63 Hz and an output voltage 13.5 kilo-volts
(kV) and 14.49 kV in 23 seconds. Currently,
when a KHU is started, it reaches rated frequency and voltage within
the required 23 seconds. However, due to the physical characteristics
of the KHU, its speed continues to increase, causing the frequency to
exceed the limits specified in SR 3.8.1.9.a for a short period of time.
Following this brief overshoot, the frequency returns to within the
limits specified in SR 3.8.1.9.a. This is consistent with the way the
KHUs have been operated since initial licensing and complies with the
licensee's interpretation of the SR.
As a result of recent discussions with the NRC, it became clear
that interpretation differences existed between the staff and the
licensee concerning this SR. The staff interpreted the SR to imply that
the limits on frequency and voltage constitute upper and lower limits
for operation of the KHUs. In a telephone conference call on September
5, 2000, the staff informed the licensee of this interpretation, and
that Oconee Nuclear Station, Units 1, 2 and 3, were not in compliance
with TS 3.8.1 because the frequency briefly exceeded the upper limit
specified in the SR in response to an actual or simulated emergency
actuation signal. The licensee stated that this would require declaring
the KHUs inoperable, entry into TS 3.0.3, and shutdown of the three
units. Therefore, the licensee requested that a Notice of Enforcement
Discretion (NOED) be granted pursuant to the NRC's policy regarding
exercise of discretion for an operating facility, set out in Section
VII.c, of the ``General Statement of Policy and Procedures for NRC
Enforcement Actions'' (Enforcement Policy), NUREG-1600, and be
effective until such time as the staff approves an amendment modifying
the SR, which was submitted on September 7, 2000. The staff granted the
NOED on September 5, 2000, and, as a result, is processing this
amendment under exigent circumstances in accordance with the NRC's
policy regarding exercising of enforcement discretion.
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
[[Page 56601]]
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:
Pursuant to 10 CFR 50.91, Duke Power Company (Duke) has made the
determination that this amendment request involves a No Significant
Hazards Consideration by applying the standards established by the
NRC regulations in 10 CFR 50.92. This ensures 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.
No. The License Amendment Request (LAR) involves adding a note
to Surveillance Requirement (SR) 3.8.1.9[.a] to waive the
surveillance requirements associated with the upper limits for KHU
voltage and frequency. The waiver of these requirements will allow
Duke to avoid an unplanned forced shutdown of all three Oconee
units, and the potential safety consequences and operational risks
associated with that action. It will also provide an opportunity for
Duke to work with the NRC to resolve any technical concerns.
This LAR involves an interpretation issue, rather than the
inability of the KHU to perform its intended safety function.
Waiving the requirements to meet the upper voltage and frequency
limits associated with SR 3.8.1.9.a does not involve: (1) A physical
alteration to the Oconee Units; (2) the installation of new or
different equipment; (3) operating any installed equipment in a new
or different manner; or (4) a change to any set points for
parameters which initiate protective or mitigative action.
There is no adverse impact on containment integrity,
radiological release pathways, fuel design, filtration systems, main
steam relief valve set points, or radwaste systems. No new
radiological release pathways are created.
Therefore, the probability or consequences of an accident
previously evaluated is not significantly increased.
2. Create the possibility of a new or different kind of accident
from any accident previously evaluated.
No. The LAR involves adding a note to allow for a temporary
waiver of [the upper voltage and frequency limits of] SR 3.8.1.9.a
associated with the KHUs.
Waiver of this surveillance requirement does not involve a
physical effect on the unit, nor is there any increased risk of a
unit trip or reactivity excursion. No new failure modes or credible
accident scenarios are postulated from this activity.
Therefore, the possibility of a new or different kind of
accident from any kind of accident previously evaluated is not
created.
3. Involve a significant reduction in a margin of safety.
No. The LAR involves adding a note to allow waiver of the
requirements to meet [the upper voltage and frequency limits of] SR
3.8.1.9.a. Temporarily waiving the requirement to meet this [upper
voltage and frequency limits of this] SR will allow Duke to avoid an
unplanned forced shutdown of all three Oconee Units and the
potential safety consequences and operational risks associated with
that action. It will also allow Duke the opportunity to work with
the NRC to resolve any technical concerns.
Temporarily waiving the requirement to meet the upper voltage
and frequency limits associated with SR 3.8.1.9.a does not involve:
(1) A physical alteration of the Oconee Units; (2) the installation
of new or different equipment; (3) operating any installed equipment
in a new or different manner; (4) a change to any set points for
parameters which initiate protective or mitigative action; or (5)
any impact on the fission product barriers or safety limits.
Therefore, this request does 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 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 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 October 19, 2000, 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 accessible
electronically through the ADAMS Public Electronic Reading Room link at
the NRC Web site (http://www.nrc.gov). 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
[[Page 56602]]
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, 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 Anne W. Cottington, Winston and
Strawn, 1200 17th Street, NW., Washington, DC 20005, 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 September 7, 2000, which is available
for public inspection at the Commission's Public Document Room, the
Gelman Building, 2120 L Street, NW., Washington, DC, and accessible
electronically through the ADAMS Public Electronic Reading Room link at
the NRC Web site (http://www.nrc.gov).
Dated at Rockville, Maryland, this 12th day of September 2000.
For the Nuclear Regulatory Commission.
David E. LaBarge,
Senior Project Manager, Section 1, Project Directorate II, Division of
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 00-24059 Filed 9-18-00; 8:45 am]
BILLING CODE 7590-01-P