[Federal Register Volume 59, Number 80 (Tuesday, April 26, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10009]


[[Page Unknown]]

[Federal Register: April 26, 1994]


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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-325 and 50-324]

 

Carolina Power & Light Co., Brunswick Steam Electric Plant, Units 
1 & 2; 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 amendments to Facility Operating License Nos. 
DPR-71 and DPR-62 issued to Carolina Power & Light Company (the 
licensee) for operation of the Brunswick Steam Electric Plant, Units 1 
and 2, located in Brunswick County, North Carolina.
    The proposed amendment would relocate the instrument response time 
tables 3.3.1-2, Reactor Protection System (RPS) Response Times; 3.3.2-
3, Isolation System Instrumentation (ISI) Response Time; and 3.3.3-3, 
Emergency Core Cooling System (ECCS) Response Times, from the Technical 
Specifications to the Updated Final Safety Analysis Report (FSAR). The 
RPS, ISI, and ECCS instrument Limiting Conditions for Operation (LCO) 
will be reviewed to read that the instruments ``shall be operable'' 
without a reference to a specific response time table in these LCOs. 
The references to the response time tables will also be deleted from 
the Surveillance Requirements.
    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 amendment does not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated. Relocating the instrument response time tables 
to the Updated FSAR is an administrative change which in no way 
affects the design or operation of equipment that could initiate or 
mitigate any accident previously evaluated.
    2. The proposed amendment would not create the possibility of a 
new or different kind of accident from any accident previously 
evaluated. This amendment is involves [sic] administratively 
relocating the response time testing to the Updated FSAR. The 
amendment would not affect the operation or design of the plant 
equipment; therefore, no new credible accidents are created. In 
addition, the proposed amendment would not affect the capability of 
the response systems to mitigate the consequences of any accident 
previously evaluated; therefore, no new or different accident would 
result from this change.
    3. The proposed amendment does not involve a significant 
reduction in a margin of safety. The amendment would allow increases 
to administratively control changes to response time limits for the 
involved instrumentation under the provisions of 10 CFR 50.59 and 
existing Section 6 Administrative Technical Specifications. No 
safety limits are affected by this change. Therefore, the amendment 
would not result in a reduction in any 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 6/D/22, Two White Flint North, 11555 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 
20555.
    The filing of requests for hearing and petitions for leave to 
intervene is discussed below.
    By May 26, 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 
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 
schedule 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 Mr. William H. Bateman, Director, 
Project Directorate II-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 Mr. Mark S. Calvert, Senior 
Counsel, Brunswick Steam Electric Plant, Post Office Box 10429, 
Southport, NC 28461, 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 April 14, 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 University of North Carolina at 
Wilmington, William Madison Randall Library, 601 S. College Road, 
Wilmington, North Carolina 28403-3297.

    Dated at Rockville, Maryland, this 20th day of April, 1994.

    For the Nuclear Regulatory Commission.
Patrick D. Milano, Sr.,
Project Manager, Project Directorate II-1, Division of Reactor 
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 94-10009 Filed 4-25-94; 8:45 am]
BILLING CODE 7590-01-M