[Federal Register Volume 60, Number 233 (Tuesday, December 5, 1995)]
[Notices]
[Pages 62270-62272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29537]



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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-277 and 50-278]


Peco Energy Company; Notice of Consideration of Issuance of 
Amendments 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-44 and DPR-56 issued to the PECO Energy Company (the licensee) for 
operation of the Peach Bottom Atomic Power Station, Units 2 and 3, 
located in York County, Pennsylvania.
    The proposed amendments would revise surveillance requirements for 
the high pressure coolant injection and reactor core isolation cooling 
systems and would make an administrative change to Section 5.5.7 of the 
technical specifications to eliminate reference to a section which was 
previously eliminated.
    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 hazards consideration, which is presented 
below:

    (1) The proposed changes do not involve a significant increase 
in the probability or consequences of an accident previously 
evaluated because the changes will not alter assumptions relative to 
initiation and mitigation of analyzed events. These changes will not 
alter the operation of process variables, or SSC [system, structure 
or component] as described in the safety analysis. These changes do 
not involve any physical changes to plant SSC or the manner in which 
these SSC are operated, maintained, modified or inspected. Routine 
testing is not assumed to be an initiator of any analyzed event. The 
proposed changes will not alter the operation of equipment assumed 
to be available for the mitigation of accidents or transients by the 
plant safety analysis or licensing basis. These changes have been 
confirmed to ensure no previously evaluated accident has been 
adversely affected. The proposed lower test pressure for the HPCI 
[high pressure coolant injection] and RCIC [reactor core isolation 
cooling] system flow testing is consistent with the minimum EHC 
[electro-hydraulic control] pressure setpoint at which reactor power 
can be increased without the need to adjust the EHC pressure 
setpoint during operation in MODE 1. Increasing the lower test 
pressure from 920 psig to 940 psig does not impact when the 
performance of the test is required. The proposed upper test 
pressure for the HPCI and RCIC system flow testing is consistent 
with the Reactor Steam Dome Pressure Limit in Specification 3.4.10. 
Additionally, the HPCI and RCIC systems are both designed to provide 
adequate core cooling at reactor pressures from 150 psig to 1150 
psig. SR [surveillance requirement] 3.5.1.8 and SR 3.5.3.3 still 
will require verifying HPCI and RCIC pumps can develop the required 
flow rates against system head corresponding to reactor pressure. 
Therefore, the proposed changes provide adequate assurance that the 
HPCI and RCIC systems will be maintained operable. In addition, 
these proposed changes eliminate the need to adjust reactor pressure 
from normally stable plant conditions to perform the test. As such, 
the probability of plant transients is expected to be reduced. 
Therefore, the proposed changes will not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    (2) The proposed changes do not create the possibility of a new 
or different kind of accident from any accident previously evaluated 
because the proposed changes do not alter the plant configuration 
(no new or different type of equipment will be installed or removed) 
and will not alter the method used by any system to perform its 
design function. The proposed changes do not allow plant operation 
in any mode that is not already evaluated in the SAR [safety 
analysis report]. Therefore, these changes will not create the 
possibility of a new or different kind of accident from any accident 
previously evaluated.
    (3) The proposed changes do not involve a significant reduction 
in a margin of safety. The proposed change to the VFTP [ventilation 
filter test program] in Section 5.5.7 is administrative in nature 
and does not involve any technical changes. This proposed change 
will not reduce a margin of safety because it has no impact on any 
safety analysis assumptions. Because this change is administrative 
in nature, no question of safety is involved. The proposed changes 
also revise the upper and lower test pressure for the HPCI and RCIC 
system high pressure flow tests. These changes do not impact safety 
analysis assumptions or the ability of the HPCI and RCIC systems to 
perform their design functions. The HPCI and RCIC systems are 
designed to provide adequate core cooling at reactor pressures from 
150 psig to 1150 psig. SR 3.5.1.8 and SR 3.5.3.3 still will require 
verifying HPCI and RCIC pumps can develop the required flow rates 
against system head corresponding to reactor pressure. The proposed 
lower test pressure for the HPCI and RCIC system flow testing is 

[[Page 62271]]
consistent with the minimum EHC pressure setpoint that provides 
adequate steam flow at which reactor power can be increased without 
the need to adjust the EHC pressure setpoint during operation in 
MODE 1. Increasing the lower test pressure from 920 psig to 940 psig 
does not impact when the performance of the test is required. The 
proposed upper test pressure for the HPCI and RCIC system flow 
testing is consistent with the initial condition for the reactor 
vessel overpressure protection analysis. In addition, the proposed 
changes provide the benefit of eliminating the need to adjust 
reactor pressure from normally stable plant conditions to perform 
the test, thereby reducing the potential for a plant transient. 
Therefore, these changes will 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, 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 January 3, 1996, 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 Government Publications Section, State 
Library of Pennsylvania, (Regional Depository) Education Building, 
Walnut Street and Commonwealth Avenue, Box 1601, Harrisburg, 
Pennsylvania 17105. 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. 

[[Page 62272]]

    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 John F. Stolz, Director, Project Directorate I-2: 
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 J.W. Durham, Sr., Esquire, Sr. V.P. and General Counsel, 
PECO Energy Company, 2301 Market Street, Philadelphia, Pennsylvania 
19101, 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 November 21, 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 Government Publications Section, 
State Library of Pennsylvania, (REGIONAL DEPOSITORY) Education 
Building, Walnut Street and Commonwealth Avenue, Box 1601, Harrisburg, 
Pennsylvania 17105.

    Dated at Rockville, Maryland, this 29th day of November 1995.

    For the Nuclear Regulatory Commission.
Joseph W. Shea,
Project Manager, Project Directorate I-2, Division of Reactor Projects-
I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 95-29537 Filed 12-4-95; 8:45 am]
BILLING CODE 7590-01-P