[Federal Register Volume 61, Number 210 (Tuesday, October 29, 1996)]
[Notices]
[Pages 55830-55832]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-27692]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-261]


Carolina Power & Light Company; Notice of Consideration of 
Issuance of Amendment to Facility Operating License and Opportunity for 
a Hearing

    The U.S. Nuclear Regulatory Commission (the Commission) is 
considering issuance of an amendment to Facility Operating License No. 
DPR-23, issued to Carolina Power & Light Company (CP&L or the licensee) 
for operation of the H.B. Robinson Steam Electric Plant, Unit No. 2 
(HBR), located in Darlington County, South Carolina.
    The proposed amendments, requested by the licensee in a letter 
dated August 27, 1996, would represent a full conversion from the 
current Technical Specifications (TS) to a set of TS based on NUREG-
1431, ``Standard Technical Specifications, Westinghouse Plants,'' 
Revision 1, dated April 1995. NUREG-1431 was developed through working 
groups composed of NRC staff members and industry representatives and 
has been endorsed by the staff as part of an industry-wide initiative 
to standardize and improve the TS. As part of this submittal, the 
licensee has applied the criteria contained in the Commission's Final 
Policy Statement on Technical Specification Improvements for Nuclear 
Power Reactors of July 22, 1993, to the current HBR TS, and, using 
NUREG-1431 as a basis, developed a proposed set of improved TS for HBR. 
The criteria in the Final Policy Statement were subsequently added to 
10 CFR 50.36, ``Technical Specifications,'' in a rule change that was 
published in the Federal Register on July 19, 1995 (60 FR 36953) and 
became effective on August 18, 1995.
    The licensee has categorized the proposed changes to the existing 
TS into four general groupings. These groupings are characterized as 
administrative changes, relocated changes, more restrictive changes, 
and less restrictive changes.
    Administrative changes are those that involve restructuring, 
renumbering, rewording, interpretation and complex rearranging of 
requirements and other changes not affecting technical content or 
substantially revising an operational requirement. The reformatting, 
renumbering and rewording process reflects the attributes of NUREG-1431 
and do not involve technical changes to the existing TS. The proposed 
changes include: (a) providing the appropriate numbers, etc., for 
NUREG-1431 bracketed information (information that must be supplied on 
a plant-specific basis, and that may change from plant to plant), (b) 
identifying plant-specific wording for system names, etc., and (c) 
changing NUREG-1431 section wording to conform to existing licensee 
practices. Such changes are administrative in nature and do not impact 
initiators of analyzed events or assumed mitigation of accident or 
transient events.
    Relocated changes are those involving relocation of requirements 
and surveillances for structures, systems, components, or variables 
that do not meet the criteria for inclusion in TS. Relocated changes 
are those current TS requirements that do not satisfy or fall within 
any of the four criteria specified

[[Page 55831]]

in the Commission's policy statement and may be relocated to 
appropriate licensee-controlled documents.
    The licensee's application of the screening criteria is described 
in that portion of their August 27, 1996, application titled 
``Application of Selection Criteria to the H.B. Robinson Steam Electric 
Plant, Unit No. 2 Technical Specifications, in Enclosure 3 of the 
submittal. The affected structures, systems components or variables are 
not assumed to be initiators of analyzed events and are not assumed to 
mitigate accident or transient events. The requirements and 
surveillances for these affected structures, systems components or 
variables will be relocated from the TS to administratively controlled 
documents such as the Final Safety Analysis Report (FSAR), the BASES, 
the Core Operating Limits Report (COLR), the Offsite Dose Calculation 
Manual (ODCM), plant procedures, or other licensee-controlled 
documents. Changes made to these documents will be made pursuant to 10 
CFR 50.59 or other appropriate control mechanisms. In addition, the 
affected structures, systems, components or variables are addressed in 
existing surveillance procedures that are also subject to 10 CFR 50.59. 
These proposed changes will not impose or eliminate any requirements.
    More restrictive changes are those involving more stringent 
requirements for operation of the facility. These more stringent 
requirements do not result in operation that will alter assumptions 
relative to mitigation of an accident or transient event. The more 
restrictive requirements will not alter the operation of process 
variables, structures, systems and components described in the safety 
analyses. For each requirement in the current HBR TS that is more 
restrictive than the corresponding requirement in NUREG-1431 that the 
licensee proposes to retain in the ITS, they have provided an 
explanation of why they have concluded that retaining the more 
restrictive requirement is desirable to ensure safe operation of the 
facility because of specific design features of the plant.
    Less restrictive changes are those where current requirements are 
relaxed or eliminated, or new flexibility is provided. The more 
significant ``less restrictive'' requirements are justified on a case-
by-case basis. When requirements have been shown to provide little or 
no safety benefit, their removal from the TS may be appropriate. In 
most cases, relaxations previously granted to individual plants on a 
plant-specific basis were the result of (a) generic NRC actions, (b) 
new NRC staff positions that have evolved from technological 
advancements and operating experience, or (c) resolution of the Owners 
Groups' comments on the improved Standard Technical Specifications. 
Generic relaxations contained in NUREG-1431 were reviewed by the staff 
and found to be acceptable because they are consistent with current 
licensing practices and NRC regulations. The licensee's design will be 
reviewed to determine if the specific design basis and licensing basis 
are consistent with the technical basis for the model requirements in 
NUREG-1431 and thus provides a basis for these revised TS or if 
relaxation of the requirements in the current TS is warranted based on 
the justification provided by the licensee.
    These administrative, relocated, more restrictive and less 
restrictive changes to the requirements of the current TS do not result 
in operations that will alter assumptions relative to mitigation of an 
analyzed accident or transient event.
    In addition to the changes described above, the licensee proposed 
certain changes to the existing technical specifications that deviated 
from the standard technical specifications in NUREG-1431. The licensee 
provided a justification for differences between the proposed Improved 
Technical Specifications (ITS) for HBR and the Improved Standard 
Technical Specifications (ISTS) in NUREG-1431.
    Section 3.4.12 in NUREG-1431 has the standard TS on the Low 
Temperature Overpressure Protection (LTOP) System. The licensee has 
performed a reanalysis of overpressurization events in Mode 4 (hot 
shutdown) and is proposing to revise the current licensing basis for 
this postulated event. The reanalysis is described in Enclosure 5 of 
the licensee's August 27, 1996 submittal along with the proposed TS.
    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.
    By November 29, 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 Hartsville Memorial Library, 147 West 
College Avenue, Hartsville, South Carolina 29550. 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

[[Page 55832]]

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.
    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 20555-0001, 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 Mark Reinhart, Acting Director, Project 
Directorate II-1: 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 20555-0001, and to William D. Johnson, Vice President 
and Senior Counsel, Carolina Power & Light Company, Post Office Box 
1551, Raleigh, North Carolina 27602, 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 August 27, 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 Hartsville Memorial Library, 147 West 
College Avenue, Hartsville, South Carolina 29550.

    Dated at Rockville, Maryland, this 22nd day of October, 1996.

For the Nuclear Regulatory Commission.
Bartholomew C. Buckley,
Acting Director, Project Directorate II-1, Division of Reactor 
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 96-27692 Filed 10-28-96; 8:45 am]
BILLING CODE 7590-01-P