[Federal Register Volume 67, Number 164 (Friday, August 23, 2002)]
[Notices]
[Pages 54680-54682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-21522]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-413, 50-414, 50-369, and 50-370]
Duke Energy Corporation, et al.; 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 Nos.
NPF-35, NPF-52, NPF-9, and NPF-17 issued to Duke Energy Corporation, et
al., (the licensee) for operation of the Catawba Nuclear Station, Units
1 and 2, and McGuire Nuclear Station, Units 1 and 2, located in York
County, South Carolina and Mecklenburg County, North Carolina.
The proposed amendments would revise Technical Specification (TS)
5.6.5 regarding the Core Operating Limits Report (COLR). TS 5.6.5.a
lists the parameters for which the limiting values have been relocated
by previous TS amendments from the TS to the COLR. Specifically, for
both Catawba and McGuire Nuclear Stations, the amendments would revise
the TS 5.6.5.a by (1) adding ``60 ppm'' to Item 5.6.5.a.1 regarding the
moderator temperature coefficient (MTC) surveillance limit for
Specification 3.1.3, and (2) by adding Item 5.6.5.a.12, ``31 EFPD
[effective full-power day] surveillance penalty factors for
Specifications 3.2.1 and 3.2.2.'' In addition, for Catawba Nuclear
Station, the amendments would add Item 5.6.5.a.13, ``Reactor makeup
water pumps combined flow rates limit for Specifications 3.3.9 and
3.9.2.'' The limiting values for these parameters were previously
relocated from the TS to the COLR without the parameter identifier
being retained in the TS. Inclusion of the parameter identifier in the
TS will improve consistency between the TS and the COLR. The amendments
would also change Bases
[[Page 54681]]
3.2.1 and 3.2.3 to remove the specific date of the referenced topical
report.
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; (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. The NRC staff has reviewed the
licensee's analysis against the standards of 10 CFR 50.92(c). The NRC
staff's review is presented below:
1. Would implementation of the changes proposed in these amendments
involve a significant increase in the probability or consequences of an
accident previously evaluated?
No. These amendments make clarifications and additions to the list
of referenced TS listed in both McGuire and Catawba Nuclear Stations TS
5.6.5.a. The additions to the list of referenced TS are consistent with
the COLR and provide additional clarifications. Therefore, the proposed
changes have no impact on any accident probabilities or consequences.
2. Would implementation of the changes proposed in these amendments
create the possibility of a new or different kind of accident from any
accident previously evaluated?
No. The proposed changes contained in these amendments only make
additions or clarifications that are consistent with the McGuire and
Catawba Nuclear Stations COLR and established plant operating
practices. Therefore, no new or different kinds of accidents are being
created.
3. Would implementation of the changes proposed in these amendments
Involve a significant reduction in a margin of safety?
No. Margin of safety is related to the confidence in the ability of
the fission product barriers to perform their design functions during
and following an accident situation. These barriers include the fuel
cladding, the reactor coolant system, and the containment system. These
barriers are unaffected by the changes proposed in these amendments.
The margin of safety is established through the design of the plant
structures, systems, and components, the parameters within which the
plant is operated, and the establishment of the setpoints for the
actuation of equipment relied upon to respond to an event and thereby
protect the fission product barriers. The changes proposed in these
amendments make additions to a list of referenced TS that are currently
approved for use at McGuire and Catawba Nuclear Stations. These changes
have no affect on the applicable McGuire and Catawba Nuclear Stations
licensing bases, and following implementation of the proposed changes,
all applicable acceptance criteria will continue to be met.
Consequently, no margin of safety will be significantly impacted by
these amendments.
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 amendments 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 amendments 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 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. Documents may
be examined, and/or copied for a fee, at the NRC's Public Document
Room, located at One White Flint North, 11555 Rockville Pike (first
floor), Rockville, Maryland.
The filing of requests for hearing and petitions for leave to
intervene is discussed below.
By September 23, 2002, the licensee may file a request for a
hearing with respect to issuance of the amendments 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,\1\
which is available at the Commission's Public Document Room, located at
One White Flint North, 11555 Rockville Pike (first floor), Rockville,
Maryland, or electronically on the Internet at the NRC Web site http://www.nrc.gov/reading-rm/doc-collections/cfr/. If there are problems in
accessing the document, contact the Public Document Room Reference
staff at 1-800-397-4209, 301-415-4737, or by e-mail to [email protected]. 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
[[Page 54682]]
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.
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\1\ The most recent version of Title 10 of the Code of Federal
Regulations, published January 1, 2002, inadvertently omitted the
last sentence of 10 CFR 2.714(d) and subparagraphs (d)(1) and (2),
regarding petitions to intervene and contentions. Those provisions
are extant and still applicable to petitions to intervene. Those
provisions are as follows: ``In all other circumstances, such ruling
body or officer shall, in ruling on--
(1) A petition for leave to intervene or a request for hearing,
consider the following factors, among other things:
(i) The nature of the petitioner's right under the Act to be
made a party to the proceeding.
(ii) The nature and extent of the petitioner's property,
financial, or other interest in the proceeding.
(iii) The possible effect of any order that may be entered in
the proceeding on the petitioner's interest.
(2) The admissibility of a contention, refuse to admit a
contention if:
(i) The contention and supporting material fail to satisfy the
requirements of paragraph (b)(2) of this section; or
(ii) The contention, if proven, would be of no consequence in
the proceeding because it would not entitle petitioner to relief.''
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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 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 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
amendments and make it 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 amendment request involves 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 (PDR), located at One White Flint North, 11555 Rockville
Pike (first floor), Rockville, Maryland, by the above date. Because of
the continuing disruptions in delivery of mail to United States
Government offices, it is requested that petitions for leave to
intervene and requests for hearing be transmitted to the Secretary of
the Commission either by means of facsimile transmission to 301-415-
1101 or by e-mail to [email protected]. A copy of the petition for
leave to intervene and request for hearing should also be sent to the
Office of the General Counsel, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, and because of continuing disruptions in
delivery of mail to United States Government offices, it is requested
that copies be transmitted either by means of facsimile transmission to
301-415-3725 or by e-mail to [email protected]. A copy of the
request for hearing and petition for leave to intervene should also be
sent to Ms. Lisa F. Vaughn , Legal Department (PB05E), Duke Energy
Corporation, 422 South Church Street, Charlotte, North Carolina 28201-
1006, 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 October 7, 2001, as supplemented by
letter dated August 7, 2002, which is available for public inspection
at the Commission's PDR, located at One White Flint North, 11555
Rockville Pike (first floor), Rockville, Maryland. Publicly available
records will be accessible from the Agencywide Documents Access and
Management System's (ADAMS) Public Electronic Reading Room on the
Internet at the NRC Web site, http://www.nrc.gov/reading-rm/adams.html.
Persons who do not have access to ADAMS or who encounter problems in
accessing the documents located in ADAMS, should contact the NRC PDR
Reference staff by telephone at 1-800-397-4209, 301-415-4737, or by e-
mail to [email protected].
Dated at Rockville, Maryland, this 20th day of August 2002.
For the Nuclear Regulatory Commission.
Chandu P. Patel,
Project Manager, Section 1, Project Directorate II, Division of
Licensing Project Management.
[FR Doc. 02-21522 Filed 8-22-02; 8:45 am]
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