[Federal Register Volume 62, Number 49 (Thursday, March 13, 1997)]
[Notices]
[Pages 11931-11933]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6343]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-413 and 50-414]


Duke Power Company, et al.; 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) is 
considering issuance of amendments to Facility Operating License Nos. 
NPF-35

[[Page 11932]]

and NPF-52 issued to Duke Power Company, et al. (the licensee), for 
operation of the Catawba Nuclear Station, Units 1 and 2, located in 
York County, South Carolina.
    The proposed amendments would revise Section 3/4.7.1.6 of the 
Technical Specifications, and Section 15.6.3 of the Updated Final 
Safety Analysis Report to require four instead of three steam generator 
pressure operated relief valves (PORVs) operable, and allowing credit 
for local operation of the PORVs.
    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 
amendments 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:

    This proposed change has been evaluated against the standards in 
10 CFR 50.92 and has been determined to involve no significant 
hazards, in 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:
    The proposed Technical Specification amendment ensures that the 
consequences of a postulated SGTR [steam generator tube rupture] 
accident are enveloped by current analyses. The proposed Technical 
Specification amendment, together with credit for local manual 
operation of one S/G [steam generator] PORV [power-operated relief 
valve], will ensure that adequate margin to overfill exists for the 
SGTR accident. Furthermore, with administrative controls currently 
in place regarding reactor coolant specific activity, this 
requirement ensures that offsite doses following the SGTR accident 
remain within the dose analysis of record. These administrative 
controls are expected to be lifted with the completion of dose 
analyses based on more detailed input in place of the conservative 
assumptions made to support the restrictions. The requirement to 
maintain all four S/G PORVs operable is more restrictive than the 
current requirement, and therefore does not adversely affect the 
consequences of any analyzed accident.
    The accident in which the S/G PORVs are considered to be 
accident initiators is discussed in Section 15.1.4 of the Catawba 
UFSAR [Updated Final Safety Analysis Report]. Considering the 
number, design features and reliability of steam dump to condenser 
valves (nine), atmospheric dump valves (nine), S/G Code Safety 
Valves (twenty), and S/G PORVs (four), the requirement to maintain 
all four S/G PORVs operable does not significantly increase the 
probability of inadvertent opening of steam dump valve as analyzed 
in Section 15.1.4 of the Catawba UFSAR. As reported in Section 
15.1.4 of the Catawba UFSAR, inadvertent opening of a[n] S/G PORV is 
enveloped by the consequences of a postulated Main Steam Line Break. 
The requirement to maintain all four S/G PORVs operable does not in 
any way change this.
    (2) Create the possibility of a new or different kind of 
accident from any previously evaluated:
    No new accident types have been identified for the S/G PORVs or 
any SSCs [systems, structures, and components] associated with or 
connected to the S/G PORVs. With respect to the types of accidents 
that should be considered, the Standard Review Plan and the Catawba 
UFSAR are considered to be complete for Catawba Nuclear Station.
    (3) Involve a significant reduction in the margin of safety:
    Margin of safety is related to confidence in fission product 
barriers. The proposed Technical Specification amendment, along with 
credit for local manual operation of one S/G PORV, will ensure that 
there is adequate margin of overfill. Therefore, the steam lines, S/
G PORVs and the code safety relief valves will not be degraded 
following a design basis SGTR. This amendment will also ensure that 
steaming of the ruptured S/G is not necessary to effect plant 
cooldown after a postulated SGTR. Along with administrative controls 
currently in place regarding reactor coolant specific activity, this 
requirement ensures that offsite doses following SGTR remain within 
values of the dose analysis of record. These administrative controls 
are expected to be lifted with the completion of dose analyses based 
on more detailed input in place of the conservative assumptions made 
to support the restrictions. In summary, this proposed amendment 
does not involve a significant reduction in 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 
requested amendments involve 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 14, 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 York County Library, 138 East Black 
Street, Rock Hill, South Carolina.
    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,

[[Page 11933]]

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: 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 Herbert N. Berkow: 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 Mr. 
Albert Carr, Duke Power Company, 422 South Church Street, Charlotte, 
North Carolina 28242, 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 March 7, 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 York County Library, 138 East Black 
Street, Rock Hill, South Carolina.

    Dated at Rockville, Maryland, this 10th day of March 1997.

    For the Nuclear Regulatory Commission.
Peter S. Tam,
Senior Project Manager Project Directorate II-2, Division of Reactor 
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 97-6343 Filed 3-12-97; 8:45 am]
BILLING CODE 7590-01-P