[Federal Register Volume 59, Number 17 (Wednesday, January 26, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1606]


[[Page Unknown]]

[Federal Register: January 26, 1994]


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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-413]

 

Duke Power Co.; 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 Power Company (the licensee) for operation of the 
Catawba Nuclear Station, Unit 1, located in York County, South 
Carolina.
    The proposed amendment would revise Technical Specification (TS) 3/
4.2.5.3 which currently requires the determination of the reactor 
coolant system (RCS) flow rate by precision heat balance measurement at 
least once per 18 months. The precision heat balance measurement is 
used to calculate RCS flow based on gross steam generator thermal 
output and measurements of RCS hot and cold leg temperatures. Once the 
RCS flow is determined by this method, the cold leg elbow tap flow 
coefficients are adjusted to reproduce the RCS flow indication 
determined by the calorimetrics. Recently, the precision heat balance 
has been adversely affected by the hot leg temperature streaming effect 
and has been the cause of unsubstantiated RCS flow measurement 
decreases. Changes in the calorimetrics result from changes in core 
exit temperature and/or flow distributions that can significantly 
affect the average T-hot as measured by the hot leg RTDs. Elbow tap 
delta-Ps and analytical prediction of flow do not confirm the RCS flow 
rates determined by the periodic calorimetrics. It is proposed that the 
current requirements of TS 4.2.5.3 be changed to require that the RCS 
flow rate be determined by measurements at least once per 18 months. By 
replacing the phrase ``precision heat balance measurement'' with 
``measurement,'' this will allow RCS flow determination by elbow tap 
delta-P measurement. The licensee states that the elbow tap delta-P 
method of flow determination was initially used at McGuire Nuclear 
Station and was dropped in favor of a precision calorimetric each 
cycle. At the time, November 1982, McGuire was having difficulty 
meeting the TS flow limit and the precision calorimetric was considered 
more accurate and allowed substantial margin gain. With the advent of 
more severe temperature and flow gradients in the hot legs, the 
precision calorimetrics were affected and resulted in nonphysical 
indicated flow decreases in the RCS. The elbow tap delta-P indications 
will provide an indication of flow which is not dependent on future 
changes in hot leg temperature measurement and, therefore, will provide 
an improvement in flow surveillance accuracy.
    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) This amendment will not significantly increase the 
probability or consequence of any accident previously evaluated.
    No component modification, system realignment, or change in 
operating procedure will occur which could affect the probability of 
any accident or transient. The change in method of flow measurement 
will not change the probability of actuation of any Engineered 
Safeguard Feature or other device. The actual flow rate will not 
change. The consequences of previously-analyzed accidents will not 
change as a result of the new method of flow measurement.
    (2) This amendment will not create the possibility of any new or 
different accidents not previously evaluated.
    No component modification or system realignment will occur which 
could create the possibility of a new event not previously 
considered. The elbow taps are already in place, and are used to 
monitor flow for the Reactor Protection System. They will not 
initiate any new events.
    (3) This amendment will not involve a significant reduction in a 
margin of safety.
    As described in [the licensee's application], the change in 
method of RCS flow measurement will provide a more accurate 
indication of the flow. The actual flow rate will not be affected. 
The revised setpoints for low reactor coolant flow are driven by 
changes to statistical allowances and do not represent substantive, 
or less conservative, changes. There is no significant 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 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 P-223, Phillips Building, 7920 Norfolk Avenue, 
Bethesda, 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 
20555.
    The filing of requests for hearing and petitions for leave to 
intervene is discussed below.
    By February 25, 1994, 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 20555 and at the local 
document room located at York County Library, 138 East Black Street, 
Rock Hill, South Carolina 29730. 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, 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 20555, 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 Loren R. Plisco: 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 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 amendments dated January 10, 1994, which is available 
for public inspection at the Commission's Public Document Room, the 
Gelman Building, 2120 L Street, NW., Washington, DC 20555 and at the 
local public document room located at the York County Library, 138 East 
Black Street, Rock Hill, South Carolina 29730.


    Dated at Rockville, Maryland, this 19th day of January 1994.

    For the Nuclear Regulatory Commission.
Victor Nerses,
Acting Project Manager, Project Directorate II-3, Division of Reactor 
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 94-1606 Filed 1-25-94; 8:45 am]
BILLING CODE 7590-01-M