[Federal Register Volume 62, Number 78 (Wednesday, April 23, 1997)]
[Notices]
[Pages 19818-19820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10633]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-400]


Carolina Power & Light Company; 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 No. 
NPF-63 issued to Carolina Power & Light Company (the licensee) for 
operation of the Shearon Harris Nuclear Power Plant, Unit 1, located in 
New Hill, North Carolina.
    The proposed amendment would modify the emergency diesel generator 
(EDG) circuitry to return the onsite power system to its original 
functional design basis, minimize the need for operator action if a 
loss of off-site power (LOOP) occurs during EDG testing, and to 
eliminate the need to declare the EDG inoperable during periodic 
testing. The proposed amendment must be issued in a timely manner to 
avoid an unnecessary delay in the modification of the EDG circuitry, 
and thus an unnecessary delay of the Harris unit 1 restart as a result 
of the recent discovery by the licensee that the EDG circuitry is not 
in compliance with the current plant Final Safety Analysis Report 
(FSAR) and licensing basis requirements. Such a forced delay in the 
unit restart is unnecessarily costly to the licensee, and the proposed 
amendment would improve the reliability of the EDG in its designed 
function during postulated design bases events. The licensee held a 
meeting with the staff on April 7, 1997, to discuss the proposed 
modification to the EDG protection circuitry and formally notified the 
NRC staff that the proposed modification constitutes an unreviewed 
safety question; and thus the modification would need the NRC review 
and approval pursuant to the requirements of 10 CFR 50.59(c) and 10 CFR 
50.90. On April 18, 1997, the licensee submitted their proposed 
modification to the EDG circuitry and requested that staff approval be 
granted under exigent circumstances pursuant to 10 CFR 50.91(a)(6). The 
NRC staff is thus satisfied that, once formally notified of the 
potential deficiency in the EDG protection circuitry, the licensee used 
its best efforts to make a timely amendment request.
    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 considerations. 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:


[[Page 19819]]


    1. The proposed change does not involve a significant increase 
in the probability or consequences of an accident previously 
evaluated.
    The proposed design change does not change the overall design, 
layout, and functional performance of the plant structures, systems, 
and components (SSC), nor does it lower the quality class of any 
SSC. Specifically, the probability of loss of both divisions of 
onsite power remains unchanged because the safety related electrical 
isolation feature of the LOOP relays is not affected and the 
Technical Specification and FSAR requirement to test only one EDG at 
a time is retained. The proposed design change does not increase the 
onsite or offsite radiological effects previously evaluated in the 
FSAR as a consequence of an accident.
    Therefore, there would be no 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.
    The proposed modification does not create any new accident 
initiators. The proposed modification restores the ability of the 
EDG to respond to a bona fide LOOP as described in the FSAR. The 
consequences of failure of any circuit components associated with 
this modification would not result in accidents other than those 
already addressed in the FSAR.
    Therefore, 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 the margin of safety.
    The margins of safety defined in the Technical Specification 
Bases are not changed by the proposed modification. The proposed 
modification restores the ability of the EDG to respond to a bona 
fide LOOP as described in the FSAR and does not change the 
acceptance limits defined in the Technical Specifications or the 
FSAR.
    Therefore, the proposed change does not involve a significant 
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 14 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 14-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 14-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 May 23, 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 Cameron Village Regional Library, 1930 
Clark Avenue, Raleigh, North Carolina 27605. 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.

[[Page 19820]]

    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 Mark Reinhart: 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 April 18, 1997, 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 Cameron Village Regional Library, 1930 
Clark Avenue, Raleigh, North Carolina 27605.

    Dated at Rockville, Maryland, this 18th day of April 1997.

    For the Nuclear Regulatory Commission.
Ngoc B. Le,
Project Manager, Project Directorate II-1, Division of Reactor 
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 97-10633 Filed 4-22-97; 8:45 am]
BILLING CODE 7590-01-P