[Federal Register Volume 62, Number 40 (Friday, February 28, 1997)]
[Notices]
[Pages 9214-9216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4997]


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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 Florida Power Corporation, et al. (the licensee) for 
operation of the Crystal River Nuclear Generating Plant, Unit No. 3, 
located in Citrus County, Florida.
    The proposed amendment would change the Crystal River Unit 3 
Technical Specifications (TS) to implement 10 CFR 50, Appendix J, 
``Primary Reactor Containment Leakage Testing for Water-Cooled 
Reactors,'' Option B. This option allows to change from prescriptive 
testing requirements to performance-based testing requirements based on 
the leakage rate testing history of the containment and components. The 
proposed TS changes include revision to TS 3.6.1, 3.6.3, and addition 
of ``Containment Leakage Rate Testing Program'' to TS 5.0. The licensee 
did not propose any deviations from methods approved by the Commission 
and endorsed in the applicable regulatory guide.
    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 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) Does not involve a significant increase in the probability 
or consequences of an accident previously evaluated.
    The TS amendment does not involve a significant increase in the 
probability or consequences of an accident previously evaluated.
    The proposed changes to the TS are to implement Option B of 10 
CFR 50, Appendix J, at CR-3. The proposed changes will result in 
increased intervals between containment leakage tests based on the 
leakage rate testing history. The proposed changes do not involve a 
change to the plant design or operation and does not change the 
testing methodology.
    NUREG-1493, ``Performance-Based Containment Leak-Test Program,'' 
provides the technical basis of 10 CFR 50, Appendix J, Option B. 
NUREG-1493 contains a detailed evaluation of the expected leakage 
from containment and the associated consequences. The increased risk 
due to increasing the intervals between containment leakage tests 
was also evaluated. The NUREG used a statistical approach to 
determine that the increase in the expected dose to the public due 
to decreasing the testing frequency is extremely low. NUREG-1493 
also concluded that a small increase is justifiable in comparison to 
the benefits from decreasing the testing frequency. The primary 
benefit is in the reduction in occupational radiation exposure.
    (2) Does not create the possibility of a new or different kind 
of accident from any accident previously evaluated.
    The TS amendment does not create the possibility of a new or 
different kind of accident from any accident previously evaluated.
    The proposed TS amendment incorporates the performance-based 
testing approach

[[Page 9215]]

authorized by 10 CFR 50 Appendix, J, Option B. Decreasing the 
testing frequency allowed by this change does not involve a change 
to plant design or operation. Safety related equipment and safety 
functions are not altered as a result of this change. Decreasing the 
testing frequency does not affect testing methodology. As a result, 
the proposed change does not affect any of the parameters or 
conditions that could contribute to the initiation of any accidents.
    (3) Does not involve a significant reduction in the margin of 
safety.
    This TS amendment does not involve a significant reduction in 
the margin of safety.
    The proposed TS amendment does not change the methodology of the 
containment leakage rate testing program or program acceptance 
criteria. The proposed TS change does affect the frequency of 
containment leakage rate testing. With an increased interval between 
tests, a small possibility exists that an increase in leakage could 
go undetected for a longer period of time. Based on the operational 
experience at CR-3, it has been demonstrated that the leak-tightness 
of the containment building has consistently been significantly 
below the allowable leakage limit. Adequate controls are in place to 
ensure that required maintenance and modifications are performed.

    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 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 amendment before the expiration of 
the 30-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 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 
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 March 31, 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 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 32629. 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 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

[[Page 9216]]

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: Docketing and 
Services Branch, or may be delivered to the Commission's Public 
Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC, 
by the above date. Where petitions are filed during the last 10 days of 
the notice period, it is requested that the petitioner promptly so 
inform the Commission by a toll-free telephone call to Western Union at 
1-(800) 248-5100 (in Missouri 1-(800) 342-6700). The Western Union 
operator should be given Datagram Identification Number N1023 and the 
following message addressed to Frederick J. Hebdon: petitioner's name 
and telephone number, date petition was mailed, plant name, and 
publication date and page number of this Federal Register notice. 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 A. H. Stephens, General Counsel, Florida Power Corporation, MAC-
A5D, P.O. Box 14042, St. Petersburg, Florida 33733, 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 February 17, 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 32629.

    Dated at Rockville, Maryland, this 24th day of February 1997.

    For the Nuclear Regulatory Commission.
L. Raghavan,
Project Manager, Project Directorate II-3, Division of Reactor 
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 97-4997 Filed 2-27-97; 8:45 am]
BILLING CODE 7590-01-P