[Federal Register Volume 60, Number 71 (Thursday, April 13, 1995)]
[Notices]
[Pages 18860-18862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9141]



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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-325 and 50-324]


Carolina Power & Light Company; 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. 
DPR-71 and DPR-62 issued to the Carolina Power & Light Company (the 
licensee) for operation of the Brunswick Steam Electric Plant, Units 1 
and 2 (BSEP) located in Southport, North Carolina.
    The proposed amendment would provide an exception to Technical 
Specification (TS) 3.0.4. TS 3.0.4 allows entry of a unit into another 
operational condition only if the conditions of the Limiting Conditions 
for Operation (LCOs) are met without reliance on TS action statements. 
The exception requested by the licensee would allow a change in a 
unit's operational condition in a specific situation in which the 
unit's LCO concerning the minimum number of operable offsite power 
circuits is not fully satisfied. Specifically, the exception would 
allow an operational mode change of a unit if the second unit is in 
Operational Condition 4 or 5 (i.e., cold shutdown or refueling) and one 
of the second unit's offsite power circuits is inoperable.
    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. The proposed amendments do not involve a significant increase 
in the probability or consequences of an accident previously 
evaluated. The proposed change would allow one unit to transition 
through Operational Conditions 3, 2, and 1 to full power with the 
opposite unit in Operation Condition 4 or 5 and one off-site power 
circuit out of service. The current specification allows one unit to 
operate for up to 45 days with the other unit shutdown and one of 
the shutdown unit's off-site power circuits unavailable.
    A significant level of redundancy of AC sources remains, even 
with one of the shutdown unit's off-site circuits unavailable. If 
the shutdown unit's remaining offsite circuit were to fail during 
the restart of the other unit, some of the operating unit's 
components that receive AC power from the shutdown unit's emergency 
buses and their functions would be unavailable until power is 
restored to the emergency buses by the emergency diesel generators. 
For example, with Unit 1 shutdown and Unit 2 transitioning through 
startup to full power operation, the Unit 2 components fed by 
Emergency Buses E1 and E2 that would be temporarily unavailable on a 
loss of both Unit 1 off-site circuits include 2 of the 4 drywell 
coolers (4 of 8 drywell cooling fans), one conventional service 
water pump, Residual Heat Removal System (RHR) and RHR service water 
pumps 2C and 2D, Low Pressure Coolant Injection (LPCI) system 
injection valves, torus spray valves, and two diesel building 
exhaust fans. Were Unit 2 shutdown and Unit 1 transitioning through 
startup to full power operation, a Group 6# valve isolation and 
reactor building/secondary containment isolations also occurs on the 
operating unit (Unit 1), as well as a Standby Gas Treatment System 
automatic start. Temporary loss of these functions and the 
associated isolations and actuations would not cause an automatic 
unit reactor trip; therefore, a loss of offsite power to emergency 
buses on the shutdown unit would not cause a transient initiating 
event on the operating unit. Therefore, the probability of an 
accident previously evaluated is not significantly increased by the 
proposed change.
    A loss of auxiliary (off-site) power (LOOP) event is an analyzed 
transient for the Brunswick Plant. A loss of offsite power is 
assumed to occur following a loss of all external grid connections 
or faults in the offsite power system itself. The Brunswick 
Probabilistic Safety Assessment has modeled the loss of offsite 
power event. The most probably causes of a loss of offsite power 
event involve natural events or transmission network maintenance. 
Neither of these is affected by the proposed change. Therefore, the 
probability of a previously evaluated transient is not significantly 
increased.
    This change does not affect the remaining off-site Technical 
Specification requirements nor does it affect the on-site electrical 
distribution Technical Specification requirements. The existing 
Technical Specifications require all four diesel generators and the 
remaining offsite power sources of both units be operable. Technical 
Specifications 3.8.1.1.c and 3.8.1.1.d will still be applicable to 
the unit transitioning through the startup evolution. These 
specifications dictate requirements for the operating unit upon loss 
of a diesel generator or an additional offsite power circuit. Thus, 
operability of the emergency diesel generators and the remaining 
offsite power sources is unaffected by this change. Since the 
emergency diesel generator capability is unaffected by this change, 
the proposed change would not affect the capability of accident 
mitigating equipment; therefore, the consequences of previously 
evaluated accidents is not affected by the proposed change.
    2. The proposed amendments would not create the possibility of a 
new or different kind of accident from any accident previously 
evaluated. A LOOP is one of the transients analyzed in the Brunswick 
Update Final Safety Analysis Report. The proposed action would not 
affect the conclusions of that analysis. In addition, the Brunswick 
design basis accident analyses accommodate a loss of off-site power 
coincident with the design basis accident and a single failure of 
one emergency diesel generator. The proposed change does not affect 
operability requirements of the emergency diesel generators. 
Therefore, no new malfunction or accident is introduced by the 
proposed action.
    3. The proposed amendments do not involve a significant 
reduction in a margin of safety. The basis of Technical 
Specification 3.0.4 is to ensure that facility operation is not 
initiated with either required equipment or systems inoperable or 
other limits being exceeded. Exceptions to this provision are 
provided for specifications when startup with inoperable equipment 
would not affect plant safety. Sufficient redundancy of AC power 
will continue to exist and no fewer sources of AC power will be 
available than would be allowed for power operation for up to 45 
days under Specification 3.8.1.1.a. Therefore, the proposed change 
would not impact safety and the margin of safety imposed by either 
Technical Specification 3.0.4 or Specification 3/4.8.1 would not be 
significantly reduced.

    The NRC staff has reviewed the licensee's analysis and, based on 
this review, it appears that the three 

[[Page 18861]]
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 Administration, 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 May 15, 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 North Carolina at 
Wilmington, William Madison Randall Library, 601 S. College Road, 
Wilmington, North Carolina 28403-3297. 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.
    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 Data gram Identification Number N1023 and the following 
message addressed to David B. Mathews, 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, 

[[Page 18862]]
DC 20555, and to General Counsel, Carolina Power & Light Company, P.O. 
Box 1551, Raleigh, North Carolina 27602, 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 31, 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 North Carolina at 
Wilmington, William Madison Randall Library, 601 S. College Road, 
Wilmington, North Carolina 28403-3297.

    Dated at Rockville, Maryland, this 6th day of April.

    For the Nuclear Regulatory Commission.
David C. Trimble,
Project Manager, Project Directorate II-I, Division of Reactor 
Projects-I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 95-9141 Filed 4-12-95; 8:45 am]
BILLING CODE 7590-01-M