[Federal Register Volume 61, Number 241 (Friday, December 13, 1996)]
[Notices]
[Pages 65605-65607]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-31662]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-369 And 50-370]


Duke Power Company; 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-9 and NPF-17 issued to Duke Power Company (the licensee) for 
operation of the McGuire Nuclear Station, Units 1 and 2, located in 
Mecklenburg County, North Carolina.
    The proposed amendments would allow a one-time only change 
necessary to replace the existing 125-volt D.C. battery cells with new 
cells.
    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 license has provided its analysis of 
the issue of no significant hazards consideration, which is presented 
below:

First Standard

    Operation of the facility in accordance with the proposed 
amendment will not involve a significant increase in the probability 
or consequences of an accident previously evaluated.
    The 125 volt DC Vital Instrumentation and Control Power System 
is not an accident initiator. It serves as an accident mitigation 
system. The new battery will be seismically mounted. There is no 
change in cabling required for the new battery and no change in the 
physical and electrical separation provisions for the battery. The 
performance of plant safety functions will not be degraded by the 
new battery.
    The replacement battery consists of conventional low specific 
gravity cells which will be purchased to meet the same plant 
requirements as the installed battery. The replacement batteries 
will be purchased from a 10CFR21 Supplier whose 10 CFR 50 Appendix B 
Program has been audited by Duke's Supplier Verification Group.
    Implementation of each battery bank replacement will require 
approximately 30 days. During the replacement period, a temporary 
battery bank, procured through the Commercial Grade Program for 1E 
usage, will be connected in place. The temporary battery will be 
installed in the Service Building due to space limitations in the 
Battery Room in Auxiliary Building. During each battery replacement 
period, the remaining three vital battery banks and their associated 
equipment will remain in their normal configuration and will not be 
reconfigured for preplanned activities or routine maintenance. The 
performance of their safety functions will not be degraded. The 
125VDC Vital I&C Power System will be restored to the fully 
qualified configuration following each battery replacement period.
    The ability to cross-tie the electrical buses for the batteries 
(as allowed by TS [Technical Specification] LCO [Limiting Condition 
for Operation] Action Statements) by manual action per procedure 
remains available as a backup in the event that the temporary 
battery is rendered unavailable during the replacement period. Each 
vital battery is sized to carry the continuous emergency and 
anticipated monetary loads of its own vital bus, and to also assume 
the loads of another vital bus (in a backup capacity), all for a one 
hour duty cycle.
    The ambient temperature surrounding the temporary battery will 
be periodically monitored to ensure it remains with the battery 
specifications. Available ventilation in the temporary battery area 
is sufficient to prevent accumulation of excess hydrogen.
    For the above reasons, it can be concluded that the proposed 
amendment will not involve a significant increase in the probability 
or consequences of an accident previously evaluated.

Second Standard

    The amendment would not create the possibility of a new or 
different kind of accident from any kind of accident previously 
evaluated.
    There are no new or common failure modes created by the use of 
low specific gravity cells. The low specific gravity battery

[[Page 65606]]

has exhibited consistently high reliability and will perform the 
same function as the existing batteries.
    The GNB Type NCN stationary battery * * * has been chosen as the 
first option to replace the AT&T round cells. The GNB Type NCN 
battery is of a conventional rectangular cell design with a 
traditional vertical plate design. The second option is to use new 
low specific gravity round cells for replacement. Both options for 
battery replacement are sized in accordance with IEEE Std. 485-1983.
    The temporary battery will be comprised of new low specific 
gravity cells. The temporary battery and its rack will be the same 
equipment that is normally used with the exclusion of the seismic 
bracing and mounting apparatus. With the temporary battery 
connected, there are no new failure modes for the distribution 
equipment associated with the battery being replaced.
    The temporary battery installation creates a potentially new 
failure mode due to lack of seismic mounting and the location of the 
temporary batteries (outside of the Vital Area in a non-Seismic 
Category 1 structure). This new failure mode is considered 
insignificant due to the short duration for which the temporary 
configuration will be in place. Duke Power has analyzed the 
temporary battery configuration from a probabilistic risk assessment 
standpoint and has found the temporary battery has no significant 
impact on the CDF [core damage frequency] at McGuire.
    For these reasons, the possibility of a new or different kind of 
accident from any kind of accident previously evaluated is not 
created.

Third Standard

    The amendment would not involve a significant reduction in a 
margin of safety.
    The vital batteries are required to power emergency and safe 
shutdown loads for safety related instrument and control equipment 
during certain accident conditions. Ultimately, safety related 
equipment required to maintain the integrity of fission product 
barriers depend upon proper performance of the new battery. The new 
low specific gravity battery will meet the current licensing basis 
and will perform the same safety function as the exiting vital 
battery. As such, the replacement battery will not affect any 
fission product barriers. The temporary battery is also fully 
capable of performing the safety function of the system if required 
and, thus, will have no detrimental impact on any fission product 
barriers. All required procedures and training will be developed and 
implemented prior to battery replacement. During the periods of 
battery replacement, if the temporary battery should become 
unavailable, the affected 125VDC channel will be declared inoperable 
and the normal TS LCO will be applied.
    Since the acceptance limits with respect to the required 
redundancy and functional capability of the battery system are not 
affected by this change, there is no reduction in the 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 Chief, Rules 
Review and Directives Branch, Division of Freedom of Information and 
Publications Services, Office of Administration, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, 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 January 13, 1997, 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 Atkins Library, University of North 
Carolina, Charlotte, (UNCC Station), North 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.
    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 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 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 65607]]

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 20555-0001, 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 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 20555-0001, and to Mr. 
Albert Carr, Duke Power Company, 422 South Church Street, Charlotte, 
North Carolina 28242, 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 November 26, 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 Atkins Library, 
University of North Carolina, Charlotte (UNCC Station), North 
Carolina.

    Dated at Rockville, Maryland, this 9th day of December, 1996.

    For the Nuclear Regulatory Commission.
Victor Nerses,
Senior Project Manager, Project Directorate II-2, Division of Reactor 
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 96-31662 Filed 12-12-96; 845 am]
BILLING CODE 7590-01-M