[Federal Register Volume 61, Number 14 (Monday, January 22, 1996)]
[Notices]
[Pages 1651-1652]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-675]



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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-445 and 50-446]


Comanche Peak Steam Electric Station, Units 1 and 2; Notice of 
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. 
NPF-87 and NPF-89, issued to Texas Utilities Electric Company (TU 
Electric, the licensee), for operation of the Comanche Peak Steam 
Electric Station, Units 1 and 2 located in Somervell County, Texas.
    The proposed exigent amendment Technical Specification (TS) would 
temporarily change the TS to revise the requirements for Minimum 
Channels OPERABLE for Wide Range RCS (Reactor Coolant System) Temp. 
(Temperature)-Th remote shutdown indication for CPSES Unit 2. The 
minimum number of channels required is being revised from 1 per RCS 
Loop for each RCS Loop to 1 per RCS Loop for 3 of the 4 RCS Loops. This 
temporary change is requested as a result of the failure of one of the 
Th channels in a manner which cannot be repaired without a unit 
shutdown and a possible cooldown. NRC granted enforcement discretion on 
January 5, 1996, to allow the facility to continue operation while this 
exigent TS is processed.
    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. Do the proposed changes involve a significant increase in the 
probability or consequences of an accident previously evaluated?
    The unavailability of one RCS Loop Th indication at the HSP 
cannot be an initiating event for nor affect the progression or 
mitigation of any licensing basis accident; therefore the 
probability of occurrence of any licensing accident cannot be 
affected.
    The request proposes to change the minimum channels operable for 
Wide Range Hot Leg RCS Temperature Th indication at the HSP. 
Sufficient alternate instrumentation is available on the HSP to 
provide the information normally directly obtained from Th. The 
current Technical Specifications acknowledge the need to and allow 
for operation with one Th inoperable for the Allowed Outage 
Time (AOT) in the action statement. The current Technical 
Specifications have an AOT of seven days. Further, the improved 
Standard Technical Specifications allows an AOT of 30 days. The 
duration of this request is not significantly different than these 
time periods. Thus the consequences of a remote shutdown with the 
affected instrument inoperable have already been considered and this 
change will not increase the consequences of an accident previously 
evaluated.
    2. Do the proposed changes create the possibility of a new or 
different kind of accident from any accident previously evaluated?
    Operation for a period of time with the one RCS Loop Th 
unavailable will not create the possibility of a new or different 
kind of accident from any accident previously evaluated. No hardware 
modifications are being made and no plant procedures are being 
revised that would alter normal plant operations.
    3. Do the proposed changes involve a significant reduction in a 
margin of safety?
    The Wide Range Hot Leg RCS Temperature indication at the HSP is 
only required in the event that a remote shutdown from outside the 
control room is needed. The availability of other remote shutdown 
indications (including Tc, Th in other RCS Loops, and 
Steam Generator pressure) in combination with licensed operators who 
have been briefed on how to compensate for an inoperable Th for 
one RCS Loop using these other indications, assures that the 
increased unavailability of the instrument will not have a 
significant effect in the margin of safety.
    The Reactor Building Emergency Cooling system is not an 
initiator of any accident described in the ANO-1 Safety Analysis 
Report. The engineering evaluation discussed above verifies that the 
green train of the Reactor Building Emergency Cooling system remains 
operable and capable of performing its design function under all 
postulated accident conditions. Therefore, the probability or 
consequences of any previously evaluated accident is not increased.

    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. 


[[Page 1652]]

    The filing of requests for hearing and petitions for leave to 
intervene is discussed below.
    By February 20, 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 University of Texas at Arlington Library, 
Government Publications/Maps, 702 College, P.O. Box 19497, Arlington, 
Texas 76019. 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, 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 [APPROPRIATE PD]: 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 Nicholas S. 
Reynolds, Esquire, Winston and Strawn, 1400 L. Street, N.W., 
Washington, D.C. 20005-3502, 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 January 5, 1996, 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 University of Texas at Arlington Library, 
Government Publications/Maps, 702 College, P.O. Box 19497, Arlington, 
Texas 76019.

    Dated at Rockville, Maryland, this day of January 1996.
    For the Nuclear Regulatory Commission
Timothy J. Polich, Project Manager,
Project Directorate IV-1, Division of Reactor Projects III/IV, Office 
of Nuclear Reactor Regulation.
[FR Doc. 96-675 Filed 1-19-96; 8:45 am]
BILLING CODE 7590-01-P