[Federal Register Volume 59, Number 179 (Friday, September 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22985]


[[Page Unknown]]

[Federal Register: September 16, 1994]


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

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

 

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 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 revise the frequency for verifying the 
position of the drywell-suppression chamber vacuum breakers when a 
valve position indictor is inoperable from at least once every 72 hours 
to at least once every 14 days. The proposed change is consistent with 
the testing frequency for this equipment that is stipulated in the 
Improved Boiling Water Reactor Standard Technical Specifications.
    By letter dated September 9, 1994, the licensee requested exigent 
handling of the proposed amendment request. The licensee stated that, 
on September 3, 1994, the closed position indication was found 
inoperable on one vacuum breaker, and they have been performing the 
required testing to verify that the vacuum breaker is closed. Since the 
plant is in operation and the primary containment suppression chamber 
is inerted with nitrogen, the suppression chamber is not accessible to 
repair the vacuum breaker position indication without an unscheduled 
plant shutdown. To conduct the vacuum breaker test, the nitrogen 
pressure is increased inside the drywell to establish the test 
pressure. This test reduces the operational margin between the actual 
drywell pressure and the high drywell pressure trip setpoint. If this 
setpoint is reached or exceeded, a reactor scram and Group 1 isolation 
will occur. Therefore, the changes to the test frequency will reduce 
the potential for incurring an unnecessary plant transient.
    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.
    Pursuant to 10 CFR 50.91(a)(6) for amendments to be granted under 
exigent circumstances, the NRC staff must determine 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.
    The proposed change revises the surveillance requirements 
associated with inoperable position indication for drywell-
suppression chamber vacuum breakers. No safety-related equipment, 
safety function or plant operations will be altered as a result of 
the proposed change. The change does not affect the design, 
materials, or construction standards applicable to the vacuum 
breakers or their position indication instrumentation.
    Relaxation of the frequency for verifying the position of the 
drywell-suppression chamber vacuum breakers from at least once every 
72 hours to at least once every 14 days, as stated in the existing 
Technical Specification 3.6.4.1, ACTION c, will not affect the 
ability of the drywell-suppression chamber vacuum breakers to 
perform their intended safety function. The extended frequency 
provides adequate assurance that the vacuum breakers will perform 
their intended safety function. Each drywell-suppression chamber 
vacuum breaker will continue to be demonstrated OPERABLE and closed 
at least once per 31 days and after any discharge of steam to the 
suppression chamber in accordance with Technical Specification 
4.6.1.a. In addition, the new surveillance requirement provided in 
the proposed Technical Specification 4.6.4.1.a will require that 
each vacuum breaker be verified to be closed at least once every 14 
days. The new surveillance provides further assurance that the 
vacuum breakers are capable of performing their design function 
under accident conditions of allowing the venting of non-condensible 
gases from the suppression chamber to the drywell while not allowing 
bypass flow from the drywell to the suppression chamber.
    Based on the above, the proposed change does not create a 
significant increase in the probability or consequences of an 
accident previously evaluated.
    2. The proposed change would not create the possibility of a new 
or different kind of accident from any accident previously 
evaluated.
    As stated above, no safety-related equipment, safety function or 
plant operations will be altered as a result of the proposed change. 
The change does not affect the design, materials, or construction 
standards applicable to the vacuum breakers or their position 
indication instrumentation.
    Relaxation of the frequency for verifying the position of the 
drywell-suppression chamber vacuum breakers of the existing 
Technical Specification 3.6.4.1, ACTION c from at least once every 
72 hours to at least once every 14 days will not affect the ability 
of the drywell-suppression chamber vacuum breakers to perform their 
intended safety function.
    In addition, the new surveillance requirement provided in 
proposed Technical Specification 4.6.4.1.a will require that each 
vacuum breaker be verified to be closed at least once every 14 days. 
The new surveillance will provide further assurance that the vacuum 
breakers are capable of performing their design function under 
accident conditions without altering plant operations in a manner 
that would create a new or different kind of accident.
    As such, the proposed license amendment cannot 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 a margin of safety.
    The proposed change does not involve any changes to the plant 
design or operation. Therefore, no margins of safety, as defined by 
the plant's accident analyses, are impacted. Relaxation of the 
frequency for verifying the position of the drywell-suppression 
chamber vacuum breakers of the existing Technical Specification 
3.6.4.1, ACTION c from at least once every 72 hours to at least once 
every 14 days will not affect the ability of the drywell-suppression 
chamber vacuum breakers to perform their intended safety function. 
The extended frequency provides adequate assurance that the vacuum 
breakers will perform their intended safety function. Each drywell-
suppression chamber vacuum breaker will continue to be demonstrated 
OPERABLE and closed at least once per 31 days and after any 
discharge of steam to the suppression chamber in accordance with 
Technical Specification 4.6.4.1.a.
    In addition, performance of Technical Specification 4.6.4.1.b 
requires pressurization of the drywell to approximately 1.0 psig and 
then verifying that the differential drywell to suppression chamber 
pressure is maintained greater than one-half the initial 
differential pressure for one hour without nitrogen makeup. During 
this evolution actual pressure will increase as high as 1.1 psig 
before stablizing. The Drywell Pressure--High setpoint, which 
initiates a reactor scram and a Group 1 isolation, is less than or 
equal to 2.0 psig (the actual setpoint is 1.8 psig). As such, 
performance of this evolution once per 72 hours unnecessarily risks 
a plant transient without providing a significant increase in the 
level of safety gained by performing the verification on a 14 day 
frequency.
    The new surveillance requirement provided in proposed Technical 
Specification 4.6.4.1.a will require that each vacuum breaker be 
verified to be closed at least once every 14 days. The new 
surveillance provides further assurance that the vacuum breakers are 
capable of performing their design function under accident 
conditions of allowing the venting of non-condensible gases from the 
suppression chamber to the drywell while not allowing bypass flow 
from the drywell to the suppression chamber.
    Based on the above reasoning, the proposed license amendment 
does not involve a significant reduction in the 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 15 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 15-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 15-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. 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 
20555.
    The filing of requests for hearing and petitions for leave to 
intervene is discussed below.
    By October 3, 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 a 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 the amendment is issued before the expiration of the 30-day 
hearing period, the Commission will make a final determination on the 
issue of no significant hazards consideration. If a hearing is 
requested, 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 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 September 9, 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 University of North Carolina at 
Wilmington, William Madison Randall Library, 601 S. College Road, 
Wilmington, North Carolina 28403-3297.

    Dated at Rockville, Maryland, this 13th day of September 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. 94-22985 Filed 9-15-94; 8:45 am]
BILLING CODE 7590-01-M