[Federal Register Volume 60, Number 45 (Wednesday, March 8, 1995)]
[Notices]
[Pages 12791-12793]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5610]



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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-369 and 50-370]


Duke Power Co.; Issuance of Amendments to Facility Operating 
Licenses, 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. 
NPF-9 and NPF-17 issued to Duke Power Company (the licensee) for 
operation of the McGuire Nuclear Station, Units 1 and 2, located in 
Mecklenburg County, North Carolina.
    The proposed amendments would revise Technical Specifications (TS) 
3.8.2.1 and 3.8.3.1 to allow installation of a modification to replace 
the battery, main and tie breakers in response to an Electrical 
Distribution Systems Functional Inspection (EDSFI), conducted by the 
NRC in July 1991. The existing breaker arrangement could result in a 
trip of both the battery and main breakers if a fault occurs on one of 
the 125 VDC panelboards. The licensee committed to have these breakers 
replaced in 1995 with a better coordinated design to eliminate the 
concern.
    Before issuance of the proposed license amendments, 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 [[Page 12792]] hazards consideration, which 
is presented below:

Criterion 1

    Operation of the facility in accordance with the requested 
amendments will not involve a significant increase in the 
probability or consequences of an accident previously evaluated. At 
no point during this temporary modification is power lost to the DC 
and AC panelboards. A normal plant procedure is used to transfer 
power for the AC panelboards back and forth between their inverters 
and their alternate regulated AC power supplies (1KRP and 2KRP). All 
inputs to the DC channel trouble alarm except those from the 
associated DC and AC panelboard undervoltage relays will be blocked 
during the 112 hour temporary modification period so that an 
undervoltage condition on any of the DC and AC panelboards this 
period will be detected immediately. Temporary cabling will satisfy 
cable separation criteria. Temporary cables and breakers meet all 
applicable safety class 1E and seismic requirements. There will be 
no degradation of distribution centers and panelboards as a result 
of temporary breakers being installed in them.

Criterion 2

    Operation of the facility in accordance with the requested 
amendments will not create the possibility of a new or different 
kind of accident from any accident previously evaluated. The 
proposed TS changes will not create the possibility for an accident 
or malfunction of a different type that any previously evaluated. No 
new failure modes are being created by the proposed TS changes.

Criterion 3

    Operation of the facility in accordance with the requested 
amendments will not involve a significant reduction in a margin of 
safety. The proposed TS changes will not reduce the margin of safety 
as described in the bases for any Technical Specifications. The 
bases for Tech. Specs. 3/4.8.2 and 3/4.8.3 (minimum specified 
independent and redundant A.C. and D.C. power sources and 
distribution systems to supple safety-related equipment for safe 
shutdown and mitigation/control of accident conditions) will not be 
impacted by these proposed TS changes. The proposed TS changes will 
not reduce the margin of safety since the temporary cables and 
breakers meet all applicable safety class 1E and seismic 
requirements. The use of temporary cables and breakers to facilitate 
the de-energization of a vital bus and connection of its loads to 
its same train vital bus for breaker replacement does not 
technically violate the applicable technical specifications since 
the intent of these technical specifications is to have 
uninterrupted power to the loads normally connected to this de-
energized bus. Instrumentation during the temporary modification 
period remains valid to immediately detect an undervoltage condition 
in the affected DC and AC panelboards.
    Based on the preceding analyses, Duke Power concludes that the 
requested amendments do not involve a significant hazards 
consideration.

    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, 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.
    The filing of requests for hearing and petitions for leave to 
intervene is discussed below.
    By April 7, 1995, 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, and at the local public 
document room located at the Atkins Library, University of North 
Carolina, Charlotte (UNCC Station), North Carolina. 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 [[Page 12793]] 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-
examines 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, 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 Herbert N. Berkow: petitioner's name and telephone 
number, date petition was mailed, plant name, and publication data 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, 
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 23, 1995, which is available 
for public inspection at the Commission's Public Document Room, the 
Gelman Building, 2120 L Street, NW., Washington, DC, and at the local 
public document room located at the Atkins Library, University of North 
Carolina, Charlotte (UNCC Station), North Carolina.

    Dated at Rockville, Maryland, this 3rd day of March 1995.

    For the Nuclear Regulatory Commission.
Victor Nerses,
Senior Project Manager, Project Directorate II-3, Division of Reactor 
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 95-5610 Filed 3-7-95; 8:45 am]
BILLING CODE 7590-01-M