[Federal Register Volume 59, Number 100 (Wednesday, May 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12726]


[[Page Unknown]]

[Federal Register: May 25, 1994]


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

NUCLEAR REGULATORY COMMISSION
[Docket No. 50-400]

 

Carolina Power & Light Company; 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-63 issued to Carolina Power & Light Company (the licensee) for 
operation of the Shearon Harris Nuclear Power Plant, Unit 1, located in 
Wake and Chatham Counties, North Carolina.
    The proposed amendment would allow reduced power operation as a 
function of reactor coolant system (RCS) total flow rate for flow rate 
reductions of up to 5 percent below the currently specified flow rate. 
Operation would be allowed at total flow rates slightly lower than 
(293,540 gpm  x  (1.0 plus C1)) if rated thermal power (RTP) is reduced 
by 1.5 percent for each one percent that RCS total flow is less than 
this rate. This change would provide for needed operational margin and 
flexibility without the unnecessary penalty of a large power reduction.
    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.
    Since the proposed amendment does not involve any changes in the 
Reactor Coolant System (RCS) configuration, the precursors to those 
Final Safety Analysis Report (FSAR) accidents previously evaluated 
are unchanged. RCS total flow and RTP are traded off against one 
another to maintain the current departure from nucleate boiling 
ratio (DNBR) margins. NRC-approved methodologies and the NRC-
approved 17  x  17 Mechanical Design Report have been used to verify 
that current design criteria continue to be satisfied. Therefore, 
there would be no increase in the probability or consequences of an 
accident previously evaluated.
    2. The proposed amendment does not create the possibility of a 
new or different kind of accident from any accident previously 
evaluated.
    The proposed amendment does not involve any modifications or 
additions to plant equipment and the design and operation of the 
unit will not be affected.The allowable reduction in the Power Range 
Neutron Flux-High Trip Setpoint will not introduce any new FSAR 
Chapter 15 accident precursors. Therefore, the proposed changes do 
not create the possibility of a new or different kind of accident 
from any accident previously evaluated.
    3. The proposed amendment does not involve a significant 
reduction in the margin of safety.
    The proposed change does not involve a reduction in the margin 
of safety as defined in the Bases to the Technical Specifications. 
The RATED THERMAL POWER is reduced consistent with the RCS total 
flow to maintain the margin of safety. This margin has been assessed 
by the evaluations performed with the approved methodologies as 
defined in the Technical Specifications. The reduction of the Power 
Range Neutron Flux-High Trip Setpoint ensures that the DNBR margin 
for the analyses of record is maintained for those FSAR Chapter 15 
events that utilize the Power Range Neutron Flux-High Trip Setpoint 
trip function. Therefore, the proposed changes do not involve a 
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 6D22, 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 June 24, 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 Cameron Village Regional Library, 1930 
Clark Avenue, Raleigh, North Carolina 27605. 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 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 H. Bateman, 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 R.E. Jones, General 
Counsel, Carolina Power & Light Company, Post Office 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 requests 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 May 11, 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 Cameron Village Regional Library, 1930 
Clark Avenue, Raleigh, North Carolina 27605.

    Dated at Rockville, Maryland, this 17th day of May 1994.

    For the Nuclear Regulatory Commission.
Bryon L. Siegel,
Acting Project Director, Project Directorate II-1, Division of Reactor 
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 94-12726 Filed 5-24-94; 8:45 am]
BILLING CODE 7590-01-M