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[Federal Register Volume 65, Number 233 (Monday, December 4, 2000)]
[Notices]
[Pages 75737-75740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-30785]

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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-445 and 50-446]

TXU Utilities Electric Company, et al.; Comanche Peak Steam 
Electric Station, Units 1 and 2; notice of Consideration of Issuance of 
Amendments to Facility Operating Licenses, Proposed no Significant 
Hazards Consideration Determination, and Opportunity for a Hearing

    The U.S. Nuclear Regulatory Commission (the Commission or NRC) is 
considering issuance of amendments to Facility Operating License Nos. 
NPF-87 and NPF-89 issued to TXU Electric Company, et al. (the 
licensee), for operation of the Comanche Peak Steam Electric Station 
(CPSES), Units 1 and 2, respectively. The CPSES facility is located at 
the licensee's site in Somervell County, Texas.
    The proposed amendments would revise the technical specifications 
to reconfigure spent fuel storage in the spent fuel pool and increase 
the spent fuel pool storage capacity from 2,026 to 3,373 fuel 
assemblies.
    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, 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. Do the proposed changes involve a significant increase in the 
probability or consequences of an accident previously evaluated?
    Response: No.

[[Page 75738]]

    This proposed license amendment includes changes which provide 
the criteria for acceptable fuel storage in Region I/Region II 
racks. The revised criteria for acceptable fuel storage in the 
Region I/Region II racks are discussed below.
    The Region I/Region II racks proposed for Spent Fuel Pool One 
(SFP1) and Spent Fuel Pool Two (SFP2), are a nominal 10.6  x  11 
inch and nominal 9  x  9 inch center to center spacing respectively. 
The SFP1 Region II racks are similar to the existing Region II racks 
in SFP2 (nominal 9  x  9 inch center to center). The proposed Region 
I/Region II racks and the existing Region II racks in SFP2 are free 
standing whereas the low density racks being removed from SFP1 are 
bolted to the pool. Administrative controls are used to maintain the 
specified storage patterns and to assure storage of a fuel assembly 
in a proper location based on initial U-235 enrichment, burnup, and 
decay time. The increased storage capacity results in added weight 
in the pools and additional heat loads.
    There is no significant increase in the probability of an 
accident concerning the potential insertion of a fuel assembly in an 
incorrect location in the Region I/Region II racks. TXU Electric has 
used administrative controls to move fuel assemblies from location 
to location since the initial receipt of fuel on site. Fuel assembly 
placement will continue to be controlled pursuant to approved fuel 
handling procedures and will be in accordance with the Technical 
Specification spent fuel rack storage configuration limitations.
    There is no increase in the probability of the loss of normal 
cooling to the fuel storage pool water due to the presence of 
soluble boron in the pool water for subcriticality control. A 
concentration of soluble boron similar to that currently approved 
(Technical Specification 3.7.16) has always been maintained in the 
fuel storage pool water. The amount of soluble boron required to 
offset the reactivity increase associated with water temperature 
outside the normal range was established for the proposed storage 
configurations.
    The consequences of all of these changes have been assessed and 
the current acceptance criteria in the licensing basis of CPSES will 
continue to be met. The nuclear criticality, thermal-hydraulic, 
mechanical, material and structural designs will accommodate these 
changes. Potentially affected analyses, including a dropped spent 
fuel assembly, a loss of spent fuel pool cooling, a seismic event, a 
fuel assembly placed in a location other than a prescribed location, 
and a stuck fuel assembly and the associated uplift force continue 
to satisfy the CPSES licensing basis acceptance criteria. The 
analysis methods used by TXU Electric are consistent with methods 
used by TXU Electric in the past or methods used elsewhere in the 
industry and accepted by the NRC.
    Based on the acceptability of the methodology used and 
compliance with the current CPSES licensing basis, use of the Region 
I/Region II racks and the increase in storage capacity do not 
involve a significant increase in the probability or consequences of 
an accident previously evaluated.
    Therefore, the proposed changes do not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    2. Do the proposed changes create the possibility of a new or 
different kind of accident from any accident previously evaluated?
    Response: No.
    The potential for criticality in the spent fuel pool is not a 
new or different type of accident. The potential criticality 
accidents have been reanalyzed to demonstrate that the pool remains 
subcritical.
    Soluble boron has been maintained in the fuel storage pool water 
since its initial operation. The possibility of a fuel storage pool 
dilution is not affected by the proposed change to the Technical 
Specifications. Therefore, extending the Technical Specification 
controls for the soluble boron to include the Region II racks in 
SFP1 will not create the possibility of a new or different kind of 
accidental pool dilution.
    With credit for soluble boron now a major factor in controlling 
subcriticality for the Region II racks in SFP1 (with no neutron 
absorber installed), the evaluation of fuel storage pool dilution 
events previously performed was updated. The results of the updated 
evaluation concluded that an event which would result in a reduction 
of the criticality margin below the 5% margin recommended by the NRC 
is not credible. In addition, the no soluble boron 95/95 criticality 
analysis assures that a boron concentration of zero ppm [parts per 
million] will not result in criticality.
    The proposed changes which ensure the maintenance of the fuel 
storage pool boron concentration and storage configuration, do not 
represent new concepts. The actual boron concentration in the fuel 
storage pool is currently maintained at 2,400 ppm for SFP1 and SFP2 
for refueling purposes. The criticality analysis determined that a 
boron concentration of 800 ppm (non-accident) and 1,900 ppm 
(accident) results in a keff2 0.95.
    For the Region I racks, credit is taken in the reactivity 
control analysis for the neutron absorber Boral (soluble boron is 
not credited). The criticality evaluation concluded that the 
requirement of keff 0.95 when fully flooded 
with unborated water, including uncertainties, remain satisfied.
    There is no significant change in plant configuration, equipment 
design, or usage of plant equipment. The safety analysis for boron 
dilution has been performed; however, the criticality analyses 
assure that the pool will remain subcritical with no credit for 
soluble boron. Therefore, the proposed changes will not create the 
possibility of a new or different kind of accident.
    The installation and removal of racks meet the requirements of 
NUREG 0612, ``Control of Heavy Loads at Nuclear Power Plants,'' and 
current CPSES Technical Requirement 13.9.34, ``Refueling--Crane 
Travel--Spent Fuel Storage Areas.''
    Therefore, the proposed change does not create the possibility 
of a new or different kind of accident from any previously 
evaluated.
    3. Do the proposed changes involve a significant reduction in a 
margin of safety?
    Response: No.
    The NRC guidance has established that an evaluation of margin of 
safety should address the following areas:
    (1) Nuclear criticality considerations
    (2) Thermal-Hydraulic considerations
    (3) Mechanical, material and structural consideration
    Proposed Technical Specifications 3.7.17 and 4.3 and the 
associated fuel storage requirements will provide adequate margin to 
assure that the fuel storage array (Region I and Region II) will 
always remain subcritical by the 5% margin recommended by the NRC.
    While the criticality analysis for Region II utilized credit for 
soluble boron, the storage configurations have been defined using 
keff calculations to ensure that the spent fuel rack 
keff will be less than 1.0 with no soluble boron. The 
criticality analysis for Region I utilized credit for the neutron 
absorber material Boral, the storage configurations have been 
defined using keff calculations to ensure that the spent 
fuel rack keff will be less than or equal to 0.95 with no 
soluble boron.
    Soluble boron credit is used to offset off-normal conditions 
(such as a misplaced assembly) and to provide subcritical margin 
such that the fuel storage pool keff is maintained less 
than or equal to 0.95.
    The loss of substantial amount[s] of soluble boron from the 
spent fuel pools, which could lead to exceeding a keff of 
0.95, has been evaluated and shown not to be credible. These 
evaluations show that the dilution of the spent fuel pools boron 
concentration from 1,900 ppm to 800 ppm is not credible and that the 
Region II spent fuel rack keff will remain less than 1.0 
when flooded with unborated water.
    The thermal-hydraulic evaluation of spent fuel pool cooling 
demonstrates that the temperature margin of safety will be 
maintained. Evaluation of the spent fuel pool cooling system for the 
increased heat loads shows that the spent fuel cooling system will 
maintain the temperature of the bulk spent fuel pool water within 
the limits of the existing licensing basis. Additionally, it shows 
that the maximum temperature will be within the existing design 
temperatures for the Region I / Region II racks, liner, structure, 
and cooling system and will not have any significant impact on the 
spent fuel pool demineralizers. Thus, the existing licensing basis 
remains valid, and there is no significant reduction in the margin 
of safety for the thermal-hydraulic design or spent fuel cooling.
    The main safety function of the spent fuel pool and the Region I 
/ Region II racks is to maintain the spent fuel assemblies in a safe 
configuration through normal and abnormal operating conditions. The 
design basis floor responses of the Fuel Building were confirmed to 
be adequate and conservative and the floor loading will not exceed 
the capacity of the Fuel Building. The structural considerations of 
the Region I / Region II racks maintain margin of safety against 
tilting and deflection or movement, such that the Region I / Region 
II racks do not impact each other or the pool walls, damage spent 
fuel assemblies, or cause criticality concerns. Thus, the margin of 
safety with respect to

[[Page 75739]]

mechanical, material or structural considerations is not 
significantly reduced by the use of the Region I / Region II racks.
    Therefore the proposed change does not involve a 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 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, 20852 from 7:30 a.m. to 4:15 p.m. Federal workdays. Copies of 
written comments received may be examined at the NRC's Public Document 
Room, located at One White Flint North, 11555 Rockville Pike (first 
floor), Rockville, Maryland, 20852 or by electronically accessing the 
ADAMS Public Electronic Reading Room link at the NRC Web site (http://www.nrc.org).
    The filing of requests for hearing and petitions for leave to 
intervene is discussed below.
    By January 3, 2001, the licensee may file a request for a hearing 
with respect to issuance of the amendments to the subject facility 
operating licenses 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 NRC's Public Document Room, located at One White 
Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland 
20852 or by electronically accessing the ADAMS Public Electronic 
Reading Room link at the NRC Web site (http://www.nrc.org). 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 
amendments and make them 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 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 NRC's Public Document 
Room, located at One White Flint North, 11555 Rockville Pike (first 
floor), Rockville, Maryland, 20852 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,

[[Page 75740]]

DC 20555-0001, and to George L. Edgar, Esq., Morgan, Lewis and Bockius, 
1800 M Street, NW., Washington, DC 20036, 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).
    The Commission hereby provides notice that this is a proceeding on 
an application for license amendments falling within the scope of 
section 134 of the Nuclear Waste Policy Act of 1982 (NWPA), 42 U.S.C. 
10154. Under section 134 of the NWPA, the Commission, at the request of 
any party to the proceeding, must use hybrid hearing procedures with 
respect to ``any matter which the Commission determines to be in 
controversy among the parties.''
    The hybrid procedures in section 134 provide for oral argument on 
matters in controversy, preceded by discovery under the Commission's 
rules, and the designation, following argument, of only those factual 
issues that involve a genuine and substantial dispute, together with 
any remaining questions of law, to be resolved in an adjudicatory 
hearing. Actual adjudicatory hearings are to be held on only those 
issues found to meet the criteria of section 134 and set for hearing 
after oral argument.
    The Commission's rules implementing section 134 of the NWPA are 
found in 10 CFR part 2, subpart K, ``Hybrid Hearing Procedures for 
Expansion of Spent Fuel Storage Capacity at Civilian Nuclear Power 
Reactors' (published at 50 FR 41662, dated October 15, 1985). Under 
those rules, any party to the proceeding may invoke the hybrid hearing 
procedures by filing with the presiding officer a written request for 
oral argument under 10 CFR 2.1109. To be timely, the request must be 
filed within ten (10) days of an order granting a request for hearing 
or petition to intervene. The presiding officer must grant a timely 
request for oral argument. The presiding officer may grant an untimely 
request for oral argument only upon a showing of good cause by the 
requesting party for the failure to file on time and after providing 
the other parties an opportunity to respond to the untimely request. If 
the presiding officer grants a request for oral argument, any hearing 
held on the application must be conducted in accordance with the hybrid 
hearing procedures. In essence, those procedures limit the time 
available for discovery and require that an oral argument be held to 
determine whether any contentions must be resolved in an adjudicatory 
hearing. If no party to the proceeding timely requests oral argument, 
and if all untimely requests for oral argument are denied, then the 
usual procedures in 10 CFR part 2, subpart G apply.
    For further details with respect to this action, see the 
application for amendments dated October 4, 2000, which is available 
for public inspection at the NRC's Public Document Room, located at One 
White Flint North, 11555 Rockville Pike (first floor), Rockville, 
Maryland, 20852 and accessible electronically through the ADAMS Public 
Electronic Reading Room link at the NRC Web site (http://nrc.gov).

    Dated at Rockville, Maryland, this 27th day of November 2000.
    For the Nuclear Regulatory Commission.
David H. Jaffe,
Senior Project Manager, Section 1, Project Directorate IV & 
Decommissioning, Division of Licensing Project Management, Office of 
Nuclear Reactor Regulation.
[FR Doc. 00-30785 Filed 12-1-00; 8:45 am]
BILLING CODE 7590-01-P
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