Federal Register / Vol. 62, No. 155 / Tuesday, August 12, 1997 / Notices 43189

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

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 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.

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

General Counsel, Carolina Power &

Light Company, P.O. Box 1551, Raleigh,

North Carolina 27602, 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 25, 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

University of North Carolina at

Wilmington, William Madison Randall

Library, 601 S. College Road,

Wilmington, North Carolina 28403–

3297.

Dated at Rockville, Maryland, this 6th day

of August 1997.

For the Nuclear Regulatory Commission.

David C. Trimble,

Project Manager, Project Directorate II–1,

Division of Reactor Projects—I/II, Office of

Nuclear Reactor Regulation.

[FR Doc. 97–21245 Filed 8–11–97; 8:45 am]

BILLING CODE 7590–01–P

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 postmodification 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
43190 Federal Register / Vol. 62, No. 155 / Tuesday, August 12, 1997 / Notices

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-indepth 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 onetime 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
Federal Register / Vol. 62, No. 155 / Tuesday, August 12, 1997 / Notices 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

NUCLEAR REGULATORY

COMMISSION

Sunshine Act Meeting

AGENCY HOLDING THE MEETING: Nuclear

Regulatory Commission.

DATE: Weeks of August 11, 18, 25, and

September 1, 1997.

PLACE: Commissioners’ Conference

Room, 11555 Rockville Pike, Rockville,

Maryland.

STATUS: Public and Closed.

MATTERS TO BE CONSIDERED:

Week of August 11

There are no meetings scheduled for

the week of August 11.

Week of August 18—Tentative

Friday, August 22

11:30 a.m.

Affirmation Session (Public

Meeting)(if needed)

Week of August 25—Tentative

There are no meetings scheduled for

the week of August 25.

Week of September 1—Tentative

Wednesday, September 3

11:30 a.m.

Affirmation Session (Public

Meeting)(if needed)