[Federal Register Volume 65, Number 224 (Monday, November 20, 2000)]
[Notices]
[Pages 69795-69798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-29635]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-395]


South Carolina Electric & Gas Company, South Carolina Public 
Service Authority; 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-12 issued to South Carolina Electric & Gas Company (SCE&G, the 
licensee) for operation of the Virgil C. Summer Nuclear Station, Unit 
No. 1, located in Fairfield County, South Carolina.
    The proposed amendment would change Technical Specifications (TS) 
3.8.1.1 and 3.8.1.2 to revise the minimum volume requirements for the 
emergency diesel generator (EDG) fuel oil system.
    Before issuance of the proposed license amendment, the Commission 
will have made findings required by the Atomic Energy Act of 1954, as 
amended

[[Page 69796]]

(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 the change involve a significant increase in the 
probability or consequences of an accident previously evaluated?
    No.
    The proposed change raises the minimum required fuel oil storage 
volume to 48,500 gallons for Modes 1-4 and raises the minimum 
required fuel oil storage volume to 42,500 gallons for Modes 5 and 
6. These new TS volume requirements reflect design basis calculation 
revisions for load requirements following a design basis accident 
[DBA]. The increase in these TS volume requirements ensure[s] that 
at least 2% margin is maintained above the seven day requirement for 
Modes 1-4. Also, it ensures that at least 10% margin is maintained 
above the seven day requirement for Modes 5 and 6, which meets the 
10% margin requirement set forth in Section 5.4 of ANSI [American 
National Standards Institute] N195-1976, ``Fuel Oil Systems for 
Standby Diesel Generators.'' This change also raises the day fuel 
tank minimum volume to 360 gallons for Modes 1-6, which meets the 
10% margin requirement set forth in Section 6.1 of ANSI N195-1976, 
``Fuel Oil Systems for Standby Diesel Generators.'' These revised TS 
volume requirements ensure that each EDG can supply the output 
necessary to assure the operation of the plant equipment required to 
prevent unacceptable consequences for any plant design basis event 
or accident condition. Therefore, there is no impact on the 
consequences of any accident.
    In addition, the licensee performed an analysis to consider the 
impact of the proposed TS Bases change involving Fuel Oil Storage 
Tank capacity on plant risk. The licensee concluded that the 
increase in risk resulting from the proposed change to the licensing 
basis is insignificant. This change does not involve a significant 
increase in the probability of an accident previously evaluated 
since the change solely impacts risk during Loss of Offsite Power 
(LOOP) conditions for a duration of longer than about 7.14 days. 
When a LOOP of this duration occurs, the TS Bases change will reduce 
the operator response time to replenish the Fuel Oil Storage Tank to 
prevent the loss of a diesel generator from 7.7 days to 7.14 days 
for each of the EDGs. SCE&G believes that, given the relatively 
large recovery times, this reduction in response time will not 
significantly affect the calculated human error probabilities of 
operator response time. In addition, the change in the probability 
of recovery of AC power in the time frame between 7.14 days and 7.7 
days is small. Therefore, SCE&G concludes that the risk impact of 
the proposed TS Bases change involving Fuel Oil Storage Tank 
capacity is small.
    Therefore, the change does not involve a significant increase in 
the probability or consequences of an accident previously evaluated.
    2. Does the change create the possibility of a new or different 
kind of accident from any accident previously evaluated?
    No.
    The proposed change raises the minimum required fuel oil storage 
volume to 48,500 gallons for Modes 1-4 and raises the minimum 
required fuel oil storage volume to 42,500 gallons for Modes 5 and 
6. These new TS volume requirements reflect design basis calculation 
revisions for load requirements following a design basis accident. 
The increase in these TS volume requirements ensure[s] that at least 
2% margin is maintained above the seven day requirement for Modes 1-
4. Also, it ensures that at least 10% margin is maintained above the 
seven day requirement for Modes 5 and 6, which meets the 10% margin 
requirement set forth in Section 5.4 of ANSI N195-1976, ``Fuel Oil 
Systems for Standby Diesel Generators.'' This change also raises the 
day fuel tank minimum volume to 360 gallons for Modes 1-6, which 
meets the 10% margin requirement set forth in Section 6.1 of ANSI 
N195-1976, ``Fuel Oil Systems for Standby Diesel Generators.'' These 
changes are not associated with the possibility to create any new or 
different accident.
    In addition, the proposed TS Bases change involving Fuel Oil 
Storage Tank capacity margins does not create the possibility of any 
new or different kind of accident. A single failure, consisting of 
the loss of one train of EDG fuel oil storage and transfer systems 
will not result in the loss of minimum diesel generator capacity, 
which is in accordance with Section 5.2 of ANSI N195-1976, ``Fuel 
Oil Systems for Standby Diesel Generators.'' The on-site oil storage 
shall remain sufficient to operate the minimum number of diesel-
generators following the limiting DBA for 7 days, with at least 2% 
margin for Modes 1-4 and at least 10% margin for Modes 5 and 6.
    3. Does this change involve a significant reduction in margin of 
safety?
    No.
    The proposed change raises the minimum required fuel oil storage 
volume to 48,500 gallons for Modes 1-4 and raises the minimum 
required fuel oil storage volume to 42,500 gallons for Modes 5 and 
6. These new TS volume requirements reflect design basis calculation 
revisions for load requirements following a design basis accident. 
The increase in these TS volume requirements ensure[s] that at least 
2% margin is maintained above the seven day requirement for Modes 1-
4. Also, it ensures that at least 10% margin is maintained above the 
seven day requirement for Modes 5 and 6, which meets the 10% margin 
requirement set forth in Section 5.4 of ANSI N195-1976, ``Fuel Oil 
Systems for Standby Diesel Generators.'' This change also raises the 
day fuel tank minimum volume to 360 gallons for Modes 1-6, which 
meets the 10% margin requirement set forth in Section 6.1 of ANSI 
N195-1976, ``Fuel Oil Systems for Standby Diesel Generators.''
    In addition, the proposed TS Bases change involving Fuel Oil 
Storage Tank capacity does not involve a significant reduction in 
the margin of safety. A single failure, consisting of the loss of 
one train of EDG fuel oil storage and transfer systems will not 
result in the loss of minimum diesel generator capacity, which is in 
accordance with Section 5.2 of ANSI N195-1976, ``Fuel Oil Systems 
for Standby Diesel Generators.'' The on-site oil storage shall 
remain sufficient to operate the minimum number of diesel-generators 
following the limiting DBA for 7 days, with at least 2% margin for 
Modes 1-4 and at least 10% margin for Modes 5 and 6.
    The licensee performed an analysis to evaluate the impact of the 
proposed TS Bases change involving Fuel Oil Storage Tank capacity on 
plant risk. The licensee concluded that the increase in risk 
resulting from the proposed change to the licensing basis is 
insignificant. This change does not involve a significant reduction 
in the margin of safety since the change solely impacts risk during 
Loss of Offsite Power (LOOP) conditions for a duration of longer 
than about 7.14 days. When a LOOP of this duration occurs, the TS 
Bases change will reduce the operator response time to replenish the 
Fuel Oil Storage Tank to prevent the loss of a diesel generator from 
7.7 days to 7.14 days for each of the EDGs. SCE&G believes that, 
given the relatively large recovery times, this reduction in 
response time will not significantly affect the calculated human 
error probabilities of operator response time. In addition, the 
change in the probability of recovery of AC power in the time frame 
between 7.14 days and 7.7 days is small. Therefore, SCE&G concludes 
that the risk impact of the proposed TS Bases change involving Fuel 
Oil Storage Tank capacity is small.
    Pursuant to 10 CFR 50.91, the preceding analyses provides a 
determination that the proposed Technical Specifications change 
poses no significant hazard as delineated by 10 CFR 50.92.

    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.

[[Page 69797]]

    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 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 December 20, 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, located at One 
White Flint North, 11555 Rockville Pike (first floor), Rockville, 
Maryland, 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 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, located at One White Flint North, 11555 Rockville Pike 
(first floor), Rockville, Maryland, 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 Thomas 
G. Eppink, South Carolina Electric & Gas Company, Post Office Box 764, 
Columbia, South Carolina 29218, 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 November 10, 2000, which is available 
for public inspection at the Commission's Public Document Room, located 
at One White Flint North,

[[Page 69798]]

11555 Rockville Pike (first floor), Rockville, Maryland, 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 14th day of November 2000.
    For the Nuclear Regulatory Commission.
Richard L. Emch, Jr.,
Chief, Section 1, Project Directorate II, Division of Licensing Project 
Management, Office of Nuclear Reactor Regulation.
[FR Doc. 00-29635 Filed 11-17-00; 8:45 am]
BILLING CODE 7590-01-P