[Federal Register Volume 60, Number 43 (Monday, March 6, 1995)]
[Notices]
[Pages 12255-12257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5365]



-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-445 and 50-446]


Texas Utilities Electric Co.; 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 Nos. 
NPF-87 and NPF-89 issued to Texas Utilities Electric Company (TU 
Electric, the licensee) for operation of the Comanche Peak Steam 
Electric Station, Units 1 and 2 located in Somervell County, Texas.
    The proposed amendment would modify the Comanche Peak Steam 
Electric Station (CPSES) Technical Specification (TS) 3/4.6.2, 
``Depressurization and Cooling Systems--Containment Spray System'' 
Surveillance Requirement (SR) 4.6.2.1b, is replaced with NUREG-1431 SR 
3.6.6A.4. This change replaces the specific pump flow and head values 
now contained in the SR with the general requirement that the pump 
develop the required head at the flow test point. Also Bases 3/4.6.2.1 
``Containment Spray System'' will be revised to expand the detail 
consistent with the NUREG-1431 Bases SR 3.6.6A.4. The Bases from NUREG-
1431 has minor modifications to reflect (1) that the CPSES containment 
spray pumps are tested via a special test line which allows testing at 
flows higher than that allowed by the miniflow recirculation line; (2) 
the ``pump design curve'' is termed the ``analytical pump curve''; and 
(3) the reference to the technical requirements manual where the pump 
head requirements are defined is provided for the user's information.
    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. Do the proposed changes involve a significant increase in the 
probability or consequences of an accident previously evaluated?
    The relocation of the specific values for flow and developed 
head at the flow test point to the Technical Requirements Manual 
(TRM) is essentially an administrative change. The change does not 
change the plant hardware or operating procedures. As such, the 
change has no impact on the probability of an accident.
    The consequences of an accident previously evaluated, as it 
relates to the performance characteristics of the containment spray 
pumps, depends on the pumps meeting the performance characteristics 
in the analytical pump curve used by the containment analyses. Since 
the limitations established in the TRM will continue to ensure that 
this analytical pump curve is met, there is no impact on the 
[[Page 12256]] accident analyses. The initial TRM will duplicate the 
existing surveillance values. In the future, the TRM values may be 
slightly more or slightly less restrictive based on changes to the 
containment analyses or their design inputs. The result of this 
variation could be a minor variation in the consequences of an 
actual event were one to occur; however, the consequences would be 
bounded by the existing safety analyses and therefore, the change 
does not involve a significant increase in the consequences of an 
accident previously evaluated.
    2. Do the proposed changes create the possiblity of a new or 
different kind of accident from any accident previously evaluated?
    The proposed change does not add new hardware to the units or 
change plant operations. Relocation of the surveillance acceptance 
criteria to the TRM cannot initiate an event nor cause an analyzed 
event to progress differently. Thus, the possibility of a new or 
different kind of accident is not created.
    3. Do the proposed changes involve a significant reduction in a 
margin of safety?
    The margin of safety is not affected since the surveillance will 
continue to be required by Techincal Specifications at the same 
frequency and that surveillance will continue to ensure the 
containment spray pump performance is bounded by the analytical pump 
curve used in the containment analyses.

    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 Rules Review and 
Directives Branch, Division of Freedom of Information and Publications 
Services, Office of Aministration, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555, 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 April 5, 1995, 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 University of Texas at Arlington Library, 
Government Publications/Maps, 702 College, P.O. Box 19497, Arlington, 
Texas 76019. 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 petitioners shall file a supplement to 
the petition to intervene which must incude 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. [[Page 12257]] 
    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, 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 William D. Beckner, Director, Project Directorate 
IV-1: 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, and to George L. Edgar, Esq., Newman and 
Holtzinger, 1615 L Street, N.W., Washington, D.C. 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).
    For further details with respect to this action, see the 
application for amendment dated February 28, 1995, 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 Texas at Arlington 
Library, Government Publications/Maps, 702 College, P.O. Box 19497, 
Arlington, Texas 76019.

    Dated at Rockville, Maryland, this 1st day of March 1995.

    For the Nuclear Regulatory Commission.
Timothy J. Polich,
Project Manager, Project Directorate IV-I, Division of Reactor 
Projects--III/IV, Office of Nuclear Reactor Regulation.
[FR Doc. 95-5365 Filed 3-3-95; 8:45 am]
BILLING CODE 7590-01-M