[Federal Register Volume 60, Number 228 (Tuesday, November 28, 1995)]
[Notices]
[Pages 58690-58692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28977]



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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-413 and 50-414]


Duke Power Company, et al.; Notice of Consideration of 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 amendments to Facility Operating License Nos. 
NPF-35 and NPF-52 issued to Duke Power Company, et al. (the licensee) 
for operation of the Catawba Nuclear Station, Units 1 and 2, located in 
York County, South Carolina.
    The proposed amendments would change the Updated Final Safety 
Analysis Report. The Catawba Updated Final Safety Analysis Report 
(UFSAR), Section 5.2.5, and the Safety Evaluation Report (SER) (NUREG-
0954), related to the application for an operating license for Catawba 
Nuclear Station, Units 1 and 2, Section 5.2.5, ``Detection of Leakage 
Through Reactor Coolant Pressure Boundary,'' includes a review of the 
various Catawba reactor coolant leakage detection systems. The 
operability requirements for the Reactor Coolant Leakage Detection 
Systems are in Technical Specification 3.4.6.1 that requires that the 
following combination of systems be operable: (1) the Containment 
Atmosphere Gaseous Radioactivity Monitoring System (EMF39(L)), (2) the 
Containment Floor and Equipment Sump Level and Flow Monitoring 
Subsystems, and (3) either the Containment Atmosphere Particulate 
Radioactivity Monitoring System (EMF38(L)) or the Containment 
Ventilation Unit Condensate Drain Tank (VUCDT) Level Monitoring 
Subsystem.
    The FSAR and SER state that EMF38(L) is seismic Category I. A 
licensee engineering review has determined that documentation does not 
exist to show that EMF38(L) is designed to withstand a Safe Shutdown 
Earthquake (SSE). The licensee's review relative to the necessity of 
seismic qualification for these monitors and analysis, performed 
pursuant to 10 CFR 

[[Page 58691]]
50.59, form the basis for a licensee proposal to delete the seismic 
qualification requirement from the UFSAR. The licensee requests that 
the NRC approve this change to the UFSAR through an amendment to the 
operating licenses.
    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:

    This proposed change has been evaluated against the standards in 
10 CFR 50.92 and has been determined to involve no significant 
hazards considerations, in that operation of the facility in 
accordance with the proposed amendment would not:
    1. [I]nvolve a significant increase in the probability or 
consequences of an accident previously evaluated; or
    EMF38(L) is not used directly for any phase of power generation 
or conversion or transmission, normal decay heat removal, fuel 
handling, or the processing of radioactive fluids. As such, it is 
not an ``accident initiator''. No ``accident initiator'' is affected 
by the change to the UFSAR. Thus, the probability of accidents 
evaluated in Sections 6, 9.1, and 15 of the FSAR is not affected by 
the change. It is determined that sufficient ability to determine 
conditions inside containment remain available for any earthquake up 
to and including the SSE. Furthermore, should it be determined that 
either EMF38(L) or EMF39(L) are not capable of fulfilling its 
intended function following any earthquake, including those smaller 
than the OBE [Operating Basis Earthquake], the associated unit will 
be taken to Cold Shutdown, a mode for which neither the Emergency 
Core Cooling System nor the containment safeguards are required. 
Finally, no equipment provided to mitigate any accident is affected 
adversely... by the change. For these reasons, the proposed change 
will not involve a significant increase in the probability or 
consequences of an accident previously evaluated in the SAR [safety 
analysis report].
    2. [C]reate the possibility of a new or different type of 
accident from any accident previously evaluated; or
    As stated above, no equipment used in direct support of power 
generation or conversion or transmission, normal decay heat removal, 
fuel handling, or the processing of radioactive fluids is affected 
with the update. No new failure modes are identified with the 
change. The upper bound to an undetected leak in the Reactor Coolant 
System is a Loss of Coolant Accident [LOCA]. As noted above, no 
equipment provided to mitigate a LOCA is affected by the change. For 
these reasons, the change will not create a new or different type of 
accident from any accident previously evaluated.
    3. [I]nvolve a significant reduction in a margin of safety.
    It has been determined that sufficient means remain at the 
disposal to the operators to assess conditions within the 
containment following any earthquake up to and including the SSE. In 
particular, the ability to determine leakage with the sensitivity 
comparable to that of EMF38(L) can be established. This meets the 
intent of the latter part of Regulatory Position of RG [Regulatory 
Guide] 1.45. In addition, should it be determined that either 
EMF38(L) or EMF39(L) is not functional following any earthquake, the 
associated unit(s) will be brought to Cold Shutdown even if it 
(they) have remained on line following that earthquake. This brings 
the unit(s) to a mode in which TS 3.4.6.1 does not apply. It ensures 
that at least the minimum required Reactor Coolant System leakage 
detection systems will be functional before power operations are 
continued following a postulated earthquake smaller than the OBE 
(cf. Reference 3). It ensures protection of the reactor coolant 
pressure boundary, one of the fission product barriers. No other 
fission product barrier is affected by the change. Therefore, the 
margin of safety is not reduced.
    Therefore, based on the information contained in this submittal, 
it is determined that no significant hazard is associated with the 
proposed change to the UFSAR.

    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 
amendments requested involve 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 amendments 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 December 28, 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 York County Library, 138 East Black 
Street, Rock Hill, South 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. 

[[Page 58692]]

    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, 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 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, 
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 September 5, 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 York County Library, 138 East Black 
Street, Rock Hill, South Carolina.

    Dated at Rockville, Maryland, this day of 20th day of November 
1995.

    For the Nuclear Regulatory Commission.
Robert E. Martin,
Senior Project Manager, Project Directorate II-2, Division of Reactor 
Projects--I/II, Office of Nuclear Reactor Regulation .
[FR Doc. 95-28977 Filed 11-27-95; 8:45 am]
BILLING CODE 7590-01-P