[Federal Register Volume 66, Number 39 (Tuesday, February 27, 2001)]
[Notices]
[Pages 12568-12570]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4767]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-413]


Duke Energy Corporation; 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-35 issued to Duke Energy Corporation, et al., (the licensee) for 
operation of the Catawba Nuclear Station, Unit 1, located in York 
County, South Carolina.
    The proposed amendment would modify the Required Actions for the 
Engineered Safety Feature Actuation System (ESFAS) Table 3.3.2-1, 
function 6.f (auxiliary feedwater (AFW), auxiliary feedwater pump train 
A and train B suction transfer on suction pressure--low) on a one time 
basis. The proposed one time change will require that if more than 1 
channel of low suction pressure instrumentation becomes inoperable, the 
licensee will immediately enter the applicable Condition(s) or Required 
Action(s) for the associated AFW train made inoperable by the 
inoperable channels. This modification will support the timely 
replacement of a broken pressure switch in the Train B of AFW Suction 
Transfer on low suction pressure function.
    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:

    The following discussion is a summary of the evaluation of the 
changes contained in this proposed amendment against the 10 CFR 
50.92(c) requirements to demonstrate that all three standards are 
satisfied. A no significant hazards consideration is indicated if 
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.

First Standard

    Implementation of this amendment would not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated. Approval of this one time amendment will have 
no effect on accident probabilities or consequences. For the 
proposed change, the equipment referenced in the affected TS (ESFAS 
instrumentation) is not accident initiating equipment; therefore, 
there will be no impact on any accident probabilities by the 
approval of this amendment. The design function of the equipment is 
not being modified by these proposed changes. The proposed one time 
change is not increasing the time already evaluated for an AFW train 
to be out of service. Therefore, there will be no impact on any 
accident consequences.

Second Standard

    Implementation of this one time amendment would not create the 
possibility of a new or different kind of accident from any accident 
previously evaluated. No new accident causal mechanisms are created 
as a result of NRC approval of this amendment request. No changes 
are being made to the plant that will introduce any new accident 
causal mechanisms. This one time amendment request does not impact 
any plant systems that are accident initiators; therefore, no new 
accident types can be created.

Third Standard

    Implementation of this one time amendment would not involve a 
significant reduction in a margin of safety. Margin of safety is 
related to the confidence in the ability of the fission product 
barriers to perform their design functions during and following an 
accident situation. These barriers include the fuel cladding, the 
reactor coolant system, and the containment system. The performance 
of these fission product barriers will not be impacted by 
implementation of this proposed one time amendment. The equipment 
referenced in the affected TS for proposed one time change is 
already capable of performing as designed. Therefore, a significant 
reduction in the margin of safety is not created by this one time TS 
change.

    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

[[Page 12569]]

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 March 29, 2001, 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 Ms. 
Lisa F. Vaughn, Legal Department (PB05E), Duke Energy Corporation, 422 
South Church Street, Charlotte, North Carolina 28201-1006, 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 20, 2001, which is available 
for public inspection 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

[[Page 12570]]

Public Electronic Reading Room link at the NRC Web site (http://www.nrc.gov).

    Dated at Rockville, Maryland, this 21st day of February 2001.

    For The Nuclear Regulatory Commission.
Chandu P. Patel,
Project Manager, Section 1, Project Directorate II, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 01-4767 Filed 2-26-01; 8:45 am]
BILLING CODE 7590-01-P