[Federal Register Volume 69, Number 226 (Wednesday, November 24, 2004)]
[Notices]
[Pages 68408-68410]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26007]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-389]


St. Lucie Nuclear Power Plant, Unit 2; 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. 
NPF-16, issued to Florida Power and Light Company (FPL, the licensee) 
for operation of the St. Lucie Nuclear Plant, Unit No. 2, located in 
St. Lucie County, Florida.
    The proposed amendment would revise Technical Specification (TS) 
Section 4.4.5.4 to modify the definitions of steam generator tube 
``Plugging

[[Page 68409]]

Limit'' and ``Tube Inspection,'' as contained in the St. Lucie Unit 2 
TS Items 4.4.5.4.a.6 and 4.4.5.4.a.8, respectively. The purpose of 
these modifications is to define the depth of the required tube 
inspections and to clarify the plugging criteria within the tubesheet. 
The proposed amendment was submitted in response to the Commission 
Generic Letter 2004-01 and in support of the steam generator 
inspections planned during the upcoming St. Lucie Unit 2 refueling 
outage.
    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.
    The Commission has made a proposed determination that the amendment 
request involves no significant hazards consideration. Under the 
Commission's regulations in Title 10 of the Code of Federal Regulations 
(10 CFR), Section 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. Operation of the facility in accordance with the proposed 
amendment would not involve a significant increase in the 
probability or consequences of an accident previously evaluated.
    FPL proposes to modify the definitions of steam generator 
``Plugging Limit'' and ``Tube Inspection,'' as contained in the St. 
Lucie Unit 2 Technical Specification (TS) Items 4.4.5.4.a.6 and 
4.4.5.4.a.8, respectively. These modifications maintain existing 
design limits and would not increase the probability or consequences 
of an accident involving tube burst or primary to secondary 
accident-induced leakage, as previously analyzed in the UFSAR 
[Updated Final Safety Analysis Report]. Also, the tube burst 
criteria of NRC Regulatory Guide 1.121 (Basis for Plugging Degraded 
PWR [Pressurized Water Reactor] Steam Generator Tubes) would 
continue to be satisfied.
    Tube burst is precluded for a tube with defects within the 
tubesheet region because of the constraint provided by the 
tubesheet. As such, tube pullout resulting from the axial forces 
induced by primary to secondary differential pressures would be a 
prerequisite for tube burst to occur. A joint industry test program 
(WCAP-16208-P) has defined the non-degraded tube to tubesheet joint 
length required to preclude tube pullout (C*) and maintain 
acceptable primary to secondary accident-induced leakage, assuming a 
360[deg] circumferential through wall crack existed immediately 
below this length. For St. Lucie Unit 2, C* is 10.1 inches. Any 
degradation below C* is shown by empirical test results and analyses 
to be acceptable, thereby precluding an event with consequences 
similar to a postulated tube rupture event. WCAP-16208-P 
incorporates an assumed primary to secondary accident-induced 
leakage value of 0.1 gpm/steam generator. Inspection to the C* 
length will ensure that the postulated accident induced leakage will 
remain below the current and future primary to secondary LCO leakage 
limits of 0.5 and 0.15 gpm/steam generator, respectively, imposed by 
the St. Lucie Unit 2 Technical Specifications (Section 3.4.6.2) and 
utilized in the UFSAR accident analyses (Chapter 15).
    In summary, the proposed modifications to the St. Lucie Unit 2 
Technical Specifications maintain existing design limits and do not 
involve a significant increase in the probability or consequences of 
an accident previously evaluated in the UFSAR.
    2. Operation of the facility in accordance with the proposed 
amendments would not create the possibility of a new or different 
kind of accident from any previously evaluated.
    Steam generator tube leakage and structural integrity will be 
maintained during all plant conditions upon implementation of the 
proposed inspection scope and plugging limit modifications to the 
St. Lucie Unit 2 Technical Specifications. These modifications do 
not introduce any new mechanisms that might result in a different 
kind of accident from those previously evaluated. Even with the 
limiting circumstances of a complete circumferential separation 
(360[deg] through wall crack) of a tube below the C* length, tube 
pullout is precluded and leakage is predicted to be maintained 
within the Technical Specification limits during all plant 
conditions.
    3. Operation of the facility in accordance with the proposed 
amendments would not involve a significant reduction in a margin of 
safety.
    Upon implementation of the proposed inspection scope and 
plugging limit modifications to the St. Lucie Unit 2 Technical 
Specifications, operation with potential tube degradation below the 
C* inspection length within the tubesheet region of the steam 
generator tubing meets the margin of safety as defined by RG 1.121 
(Basis for Plugging Degraded PWR Steam Generator Tubes) and RG 1.83 
(Inservice Inspection of Pressurized Water Reactor Steam Generator 
Tubes), and the requirements of General Design Criteria 14, 15, 31 
and 32 of 10 CFR 50. Therefore, the proposed modifications 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 60 days after the date of publication of this notice. The 
Commission may issue the license amendment before expiration of the 60-
day period provided that its final determination is that the amendment 
involves no significant hazards consideration. In addition, the 
Commission may issue the amendment prior to the expiration of the 30-
day comment period should circumstances change during the 30-day 
comment period such that failure to act in a timely way would result, 
for example in derating or shutdown of the facility. Should the 
Commission take action prior to the expiration of either the comment 
period or the notice period, it will publish in the Federal Register a 
notice of issuance. Should the Commission make a final No Significant 
Hazards Consideration Determination, any hearing will take place 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, Public File Area O1 F21, 11555 
Rockville Pike (first floor), Rockville, Maryland.
    The filing of requests for hearing and petitions for leave to 
intervene is discussed below.
    Within 60 days after the date of publication of this notice, 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

[[Page 68410]]

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 2.309, which is 
available at the Commission's PDR, located at One White Flint North, 
Public File Area 01F21, 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/doc-collections/cfr/. (Note: Public access to 
ADAMS has been temporarily suspended so that security reviews of 
publicly available documents may be performed and potentially sensitive 
information removed. Please check the NRC Web site for updates on the 
resumption of ADAMS access.)If a request for a hearing or petition for 
leave to intervene is filed by the above date, the Commission or a 
presiding officer designated by the Commission or by the Chief 
Administrative Judge of the Atomic Safety and Licensing Board Panel, 
will rule on the request and/or petition; and the Secretary or the 
Chief Administrative Judge of the Atomic Safety and Licensing Board 
will issue a notice of a hearing or an appropriate order.
    As required by 10 CFR 2.309, 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 general requirements: (1) The name, address and telephone 
number of the requestor or petitioner; (2) the nature of the 
requestor's/petitioner's right under the Act to be made a party to the 
proceeding; (3) the nature and extent of the requestor's/petitioner's 
property, financial, or other interest in the proceeding; and (4) the 
possible effect of any decision or order which may be entered in the 
proceeding on the requestors/petitioner's interest. The petition must 
also identify the specific contentions which the petitioner/requestor 
seeks to have litigated at the proceeding.
    Each contention must consist of a specific statement of the issue 
of law or fact to be raised or controverted. In addition, the 
petitioner/requestor shall provide a brief explanation of the bases for 
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/requestor 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. 
The petition must include 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/requestor 
who fails to satisfy 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.
    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.
    Nontimely requests and/or petitions and contentions will not be 
entertained absent a determination by the Commission or the presiding 
officer of the Atomic Safety and Licensing Board that the petition, 
request and/or the contentions should be granted based on a balancing 
of the factors specified in 10 CFR 2.309(a)(1)(i)-(viii).
    A request for a hearing or a petition for leave to intervene must 
be filed by: (1) First class mail addressed to the Office of the 
Secretary of the Commission, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, Attention: Rulemaking and Adjudications 
Staff; (2) courier, express mail, and expedited delivery services: 
Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland, 20852, Attention: Rulemaking and 
Adjudications Staff; (3) E-mail addressed to the Office of the 
Secretary, U.S. Nuclear Regulatory Commission, <a href="/cdn-cgi/l/email-protection#abe3eeeaf9e2e5ecefe4e8e0eeffebe5f9e885ece4fd"><span class="__cf_email__" data-cfemail="064e4347544f48414249454d43524648544528414950">[email protected]</span></a>; 
or (4) facsimile transmission addressed to the Office of the Secretary, 
U.S. Nuclear Regulatory Commission, Washington, DC, Attention: 
Rulemakings and Adjudications Staff at (301) 415-1101, verification 
number is (301) 415-1966. A copy of the request for hearing and 
petition for leave to intervene should also be sent to the Office of 
the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, and it is requested that copies be transmitted either by 
means of facsimile transmission to 301-415-3725 or by email to 
<a href="/cdn-cgi/l/email-protection#3b747c78765a5257785e554f5e497b554958155c544d"><span class="__cf_email__" data-cfemail="bef1f9fdf3dfd7d2fddbd0cadbccfed0ccdd90d9d1c8">[email protected]</span></a>. A copy of the request for hearing and petition 
for leave to intervene should also be sent to the M.S. Ross, Attorney, 
Florida Power and Light, P.O. Box 14000, Juno Beach, Florida 33408-
0420, attorney for the licensee.
    For further details with respect to this action, see the 
application for amendment dated November 8, 2004, which is available 
for public inspection at the Commission's PDR, located at One White 
Flint North, File Public Area O1 F21, 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. (Note: Public access to 
ADAMS has been temporarily suspended so that security reviews of 
publicly available documents may be performed and potentially sensitive 
information removed. Please check the NRC Web site for updates on the 
resumption of ADAMS access.)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 <a href="/cdn-cgi/l/email-protection#30405442705e42531e575f46"><span class="__cf_email__" data-cfemail="c9b9adbb89a7bbaae7aea6bf">[email protected]</span></a>.

    Dated at Rockville, Maryland, this 18th day of November 2004.

    For the Nuclear Regulatory Commission.
Brendan T. Moroney,
Project Manager, Section 2, Project Directorate II, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 04-26007 Filed 11-23-04; 8:45 am]
BILLING CODE 7590-01-P


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