[Federal Register Volume 62, Number 111 (Tuesday, June 10, 1997)]
[Notices]
[Pages 31633-31635]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-15112]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. STN 50-455 AND STN 50-457]


Commonwealth Edison 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-66 and NPF-77, issued to Commonwealth Edison Company (ComEd, the 
licensee), for operation of Byron Station, Unit 2, located in Ogle 
County, Illinois and Braidwood Station, Unit 2, located in Will County, 
Illinois.
    The proposed amendments would revise the technical specifications 
(TS) and associated bases for TS 4.5.2.b.1 related to the requirement 
to vent the emergency core cooling system (ECCS) pump casing and high 
points outside containment. The proposed changes will revise the 
venting requirement to encompass the non-operating ECCS pumps and 
discharge piping which are provided with high point vent valves. 
Additionally, the wording of the surveillance will be revised to 
clearly indicate that the installed high point vent valves and pump 
casing vent valves will be utilized to accomplish the venting 
operation. A new requirement will be added to ultrasonically examine 
the discharge piping of the idle centrifugal pump and the portion of 
the piping upstream of the high head safety injection isolation valves 
adjacent to the vent valve every 31 days.
    On May 22, 1997, during review of a Byron surveillance procedure 
for implementing TS 4.5.2.b.1 requirements for venting the ECCS, the 
staff identified that the licensee was not in literal compliance with 
the TS requirements for venting the centrifugal charging (CV) pumps (an 
ECCS subsystem) and discharge piping. The TS require the ECCS pumps and 
discharge piping to be vented every 31 days. Prior to questions raised 
by the staff, ComEd considered themselves to be in compliance with the 
TS by crediting the dynamic venting action of the operating CV pump as 
meeting the requirement to ensure that the ECCS piping is full of 
water. For the piping not directly in the flowpath, gas accumulation 
was judged not to be credible due to the pressure inside the piping. 
The idle CV pump was considered to be self-venting due to the system 
design and piping configuration. During the May 22, 1997, discussions, 
ComEd was informed that with regard to the high points in the CV pump 
discharge lines, discharge piping downstream of the standby CV pump and 
the piping upstream of the high head safety injection valves, that 
includes the high point vent valve are not subject to system flow and 
are, therefore, not flushed or vented. Although ComEd considered all CV 
pumps to be operable, it concluded that the plants were not in literal 
compliance with the TS and both trains of CV were declared inoperable 
at 7:00 p.m. CDT. The licensee subsequently requested a Notice of 
Enforcement Discretion (NOED) to continue operation. A NOED was granted 
on May 23, 1997. Subsequent to issuance of the NOED, on May 24, 1997, 
the licensee submitted, in accordance with NRC procedures, a request 
for exigent license amendments to bring the plant operating 
configuration and the TS into conformance.
    The May 24, 1997, application was supplemented on May 31, 1997, by 
requesting an emergency license amendment for Byron, Unit 1, only. 
Amendment No. 90 was issued for Byron, Unit 1, on June 1, 1997.
    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.
    Pursuant to 10 CFR 50.91(a)(6) for amendments to be granted under 
exigent circumstances, the NRC staff must determine that the amendments 
requested involve 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.
    The changes proposed in this request will align the surveillance 
requirements with the installed system design and normal operating 
conditions. No increase in the probability of an accident will occur 
as a result of this change. The conduct of surveillances required by 
the Technical Specifications are not postulated to result in 
accident initiation. The level of surveillance performed to date has 
provided confidence that the objective of the current surveillance 
requirement has been met. Ultrasonic examinations of CV piping which 
had not been manually vented show that the affected piping is water 
solid. The design of the pumps and installed piping configuration 
are such that the standby pump is maintained under a positive 
pressure. Evaluations previously performed in support of Amendment 
36 confirmed that hydrogen introduced into the VCT [volume control 
tank] will not come out of solution in the CV pump suction line. 
Experience with performing the manual venting for all ECCS 
subsystems to date has not resulted in the identification of 
significant voiding. This was verified by a search of the station's 
Problem Identification database. The applicable surveillance 
procedure for performing the venting requires that a Problem 
Identification Form be generated if significant voiding is 
experienced. No such problems have been identified. As such, the 
proposed change does not result in a significant increase in the 
probability of occurrence of a previously analyzed accident.
    The consequences of a previously analyzed accident are not 
increased. Operating experience has shown that the level of 
surveillance performed to date is sufficient to provide confidence 
that no significant voiding has occurred in the affected piping. 
Ultrasonic examinations have confirmed the water solid condition of 
the piping. Even though voiding is not expected, evaluation of 
postulated voided conditions confirm that

[[Page 31634]]

unacceptable dynamic loading would not occur, and therefore the 
integrity of the ECCS piping is not compromised. Thus, the ECCS will 
be capable of performing its design function. This will ensure that 
the consequences of a previously analyzed accident are not 
significantly increased.
    Therefore, these proposed revisions do not result in a 
significant increase in the probability or consequences of an 
accident previously analyzed.
    2. The proposed change does not create the possibility of a new 
or different kind of accident from any accident previously 
evaluated.
    These proposed changes do not create the possibility of a new or 
different kind of accident. ComEd has evaluated the piping 
configuration for the ECCS discharge piping of the ECCS subsystems. 
First, adequate controls have been implemented to provide assurance 
that air intrusion is unlikely. Second, a specific evaluation of 
both a voided 2'' and 8'' [Low Head Safety Injection] RH line was 
performed. This evaluation concluded that the piping can withstand 
the dynamic loads caused by the maximum credible air void. Due to 
the higher pressure rating and smaller size of the [Intermediate 
Head Safety Injection] SI and CV discharge piping, this evaluation 
is considered bounding for the ECCS subsystems. The results of the 
evaluation were submitted for staff review in a letter dated March 
12, 1990, in support of Amendment 36 to the Braidwood Technical 
Specifications. This change will not result in new failure modes 
because no new equipment is installed, and installed equipment is 
not operated in a new or different manner. Manual venting operations 
have been performed as permitted by system operation and piping 
configuration. Accordingly, this change will not create the 
possibility of a new or different kind of accident.
    3. The proposed change does not involve a significant reduction 
in a margin of safety.
    The margin of safety is not significantly reduced because the 
proposed change will provide sufficient assurance that excessive 
voiding will not occur. This will assure proper system functioning. 
Venting of the idle subsystems in conjunction with the operating 
conditions of the subsystems in operation provide confidence that 
voiding is not present.
    This has been confirmed by the performance of ultrasonic 
examinations of the piping of interest. This meets the objective of 
the surveillance requirement and thus preserves 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 
amendments requested involve 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 amendments 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 amendments before the expiration 
of the 14-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. 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 July 10, 1997, the licensee may file a request for a hearing 
with respect to issuance of the amendments to the subject facility 
operating licenses 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: for Byron, 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 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

[[Page 31635]]

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 the amendments are 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 amendments requested involve 
no significant hazards consideration, the Commission may issue the 
amendments and make them 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 amendments requested involve 
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 20555-0001, Attention: Rulemakings and 
Adjudications Staff, 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 Mr. 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 20555-0001, 
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 May 24, 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: for Byron, 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.

    Dated at Rockville, Maryland, this 3rd day of June 1997.

    For The Nuclear Regulatory Commission.
George F. Dick, Jr.,
Project Manager, Project Directorate III-2, Division of Reactor 
Projects--III/IV, Office of Nuclear Reactor Regulation.
[FR Doc. 97-15112 Filed 6-9-97; 8:45 am]
BILLING CODE 7590-01-P