[Federal Register Volume 61, Number 21 (Wednesday, January 31, 1996)]
[Notices]
[Pages 3508-3511]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1863]



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[[Page 3509]]


NUCLEAR REGULATORY COMMISSION
[Docket Nos. STN 50-454, STN 50-455, STN 50-456 AND STN 50-457]


Commonwealth Edison Co.; 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 amendments to Facility Operating License Nos. 
NPF-37, NPF-66, NPF-72, and NPF-77, issued to Commonwealth Edison 
Company for operation of Byron Station, Units 1 and 2, located in Ogle 
County, Illinois and Braidwood Station, Units 1 and 2, located in Will 
County, Illinois.
    The proposed amendments would remove certain technical 
specification requirements that are applicable when one of the two 
source range detectors is inoperable greater than 48 hours. The 
affected requirements are: suspension of all operation activates 
involving positive reactivity changes and verifying valves CV-111B, CV-
8428, CV-8441, and CV-8435 are closed and secured in position. The 
requirement to open the reactor trip breakers when one of the two 
source range detectors (SRD) is inoperable greater than 48 hours or 
when both SRD's are inoperable will not be changed.
    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 amendments 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 change does not involve a significant increase 
in the probability or consequences of an accident previously 
evaluated.
    This proposed change does not result in the installation of any 
new equipment, and no existing equipment is modified. Operability of 
source range detectors in Modes 3, 4 and 5 with [reactor trip 
breakers] RTBs open is not assumed as the precursor or initiator for 
any accident previously analyzed.
    One operable source range detector is acceptable in Modes 3, 4, 
and 5 with the RTBs open, since under these conditions, no core 
alterations that could affect core reactivity are possible, and 
control rod withdrawal is not possible. Under these conditions, the 
source range is only providing indication and input to the boron 
dilution protection system (BDPS). The impact of an inoperable 
source range detector on BDPS is addressed by compliance with the 
Action Requirements of TS 3.1.2.7, ``Boron Dilution Protection 
System.'' TS 3.1.2.7 addresses the potential for a positive 
reactivity addition via a dilution event. With one source range 
detector operable, indication of any positive reactivity changes 
will still be available via the operable source range detector. 
Also, BDPS will still respond automatically to mitigate a positive 
reactivity change. Thus, with one source range detector inoperable 
and RTBs open, indication of a positive reactivity change is still 
provided via the operable source range detector, and automatic 
mitigation is still available via BDPS to ensure that there is no 
significant increase in the consequences of an accident previously 
evaluated.
    With no source range detectors operable, the proposed action 
statement requires that the RTBs be immediately opened, all positive 
reactivity changes be immediately suspended, shutdown margin be 
initially verified within one hour and at least once per 12 hours 
thereafter and dilution valves be closed. Thus, with no source range 
detectors available, potential sources of positive reactivity 
addition are disabled and the shutdown condition of the core is 
periodically verified which ensures that there is no significant 
increase in the consequences of an accident previously evaluated.
    Therefore, this proposed change does not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    2. The proposed change does not create the possibility of a new 
or different kind of accident from any accident previously 
evaluated.
    This proposed change deals only with the Action Requirements for 
inoperable source range instruments. No new equipment is being 
installed, no existing equipment is being modified. No new system 
configurations will be introduced as a result of this proposed 
change. Therefore, no new or different failure modes are being 
introduced.
    Thus, the proposed change does not create the possibility of a 
new or different kind of accident from any accident previously 
evaluated.
    3. The proposed change does not involve a significant reduction 
in a margin of safety.
    With one source range detector inoperable beyond 48 hours, this 
proposed revision requires that the RTBs be opened. With the RTBs 
open, the source range instruments provide only indication and input 
to BDPS. With only one source range detector inoperable, the 
indication function is still satisfied by the operable source range 
detector. The impact of an inoperable source range detector on BDPS 
is addressed by compliance with the Action Requirements of TS 
3.1.2.7, ``Boron Dilution Protection System.'' Also, BDPS will still 
respond automatically to mitigate a positive reactivity change based 
on input from the operable source range detector. Thus with one 
source range detector inoperable the proposed action requirement 
places the affected unit in a condition where the reactor trip 
function of the source range is no longer required, and the 
remaining source range functions are satisfied by the operable 
source range indicator. Thus, with one source range detector 
inoperable, this proposed change does not involve a significant 
reduction in a margin of safety.
    With no source range detectors operable, the proposed action 
statement requires that the RTBs be immediately opened, all positive 
reactivity changes be immediately suspended, shutdown margin be 
initially verified within one hour and at least once per 12 hours 
thereafter and dilution valves be closed and secured in position. 
This [is] provides protection equivalent to that provided by the 
current specification. Thus, with both source range detectors 
inoperable, this proposed change does not involve a significant 
reduction in a margin of safety.
    Therefore, this proposed change does 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 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 amendments before the expiration 
of the 30-day notice period, provided that its final determination is 
that the amendments involve 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. 

[[Page 3510]]

    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 March 1, 1996, the licensee may file a request for a hearing 
with respect to issuance of the amendments 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 rooms; for Byron, located at the Byron Public Library 
District, 109 N. Franklin, P.O. Box 434, Byron, Illinois 61010; for 
Braidwood, the Wilmington Public Library, 201 S. Kankakee Street, 
Wilmington, Illinois 60481. 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 amendments 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 
amendments and make it immediately effective, notwithstanding the 
request for a hearing. Any hearing held would take place after issuance 
of the amendments.
    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 amendments.
    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 Robert A. Capra: 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 Michael I. Miller, 
Esquire; Sidley and Austin, One First National Plaza, Chicago, Illinois 
60603, 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 amendments dated January 11, 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 rooms; for Byron, located at the Byron Public Library 
District, 109 N. Franklin, P.O. Box 434, Byron, Illinois 61010; for 
Braidwood, the Wilmington Public Library, 201 S. Kankakee Street, 
Wilmington, Illinois 60481.

 
[[Page 3511]]

    Dated at Rockville, Md., this 26th day of January 1996.

    For the Nuclear Regulatory Commission.
Ramin R. Assa,
Project Manager, Project Directorate III-2, Division of Reactor 
Projects--IV/V, Office of Nuclear Reactor Regulation.
[FR Doc. 96-1863 Filed 1-30-96; 8:45 am]
BILLING CODE 7590-01-P