[Federal Register Volume 63, Number 69 (Friday, April 10, 1998)]
[Notices]
[Pages 17900-17902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-9652]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-325]


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. 
DPR-71 issued to the Carolina Power & Light Company (the licensee) for 
operation of the Brunswick Steam Electric Plant, Unit 1 (BSEP) located 
in Southport, North Carolina.
    In an application dated February 23, 1998, as supplemented on March 
27, 1998, the licensee proposed a license amendment to change the 
Technical Specifications (TS) for the Safety Limit Minimum Critical 
Power Ratio (SLMCPR) pertaining to two/single recirculation loop 
operation. A footnote is being added to the SLMCPR value in TS and the 
associated action statement. The proposed change is limited to Cycle 12 
operation only. The amendment also includes a reference in the TS to 
the NRC's Safety Evaluation approving the proposed license amendment. 
The amendment request is provided both in the current TS and improved 
Standard Technical specification (iSTS) format. The licensee's proposed 
amendment for conversion to iSTS is currently under Nuclear Regulatory 
Commission (NRC) staff review.
    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.
    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 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:

    1. The proposed license amendment does not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    The proposed license amendment establishes a revised SLMCPR 
value of 1.09 for two recirculation loop operation and 1.10 for 
single recirculation loop operation for use during Unit 1 Cycle 12 
operation. The derivation of the cycle-specific SLMCPRs was 
performed using ``General Electric Standard Application for Reactor 
Fuel,'' NEDE-24011-P-A-13; U. S. Supplement, NEDE-24011-P-A-13-US, 
August 1996; and the ``Proposed Amendment 25 to GE Licensing Topical 
Report NEDE-24011-P-A (GESTAR II) on Cycle Specific Safety Limit 
MCPR.'' Amendment 25 was submitted by General Electric Nuclear 
Energy (GE) to the NRC on December 13, 1996. GE has determined that 
both generic and plant-specific evaluations yield the same 
calculated SLMCPR value for Unit 1 Cycle 12. The probability of an 
evaluated accident is derived from the probabilities of the 
individual precursors to that accident. The consequences of an 
evaluated accident are determined by the operability of plant 
systems designed to mitigate those consequences. Limits have been 
established, consistent with NRC approved methods, to ensure that 
fuel performance during normal, transient, and accident conditions 
is acceptable. The SLMCPR is a Technical Specification numerical 
value that cannot initiate an accident. No individual precursors of 
an accident are affected. Therefore, the probability of an evaluated 
accident is not increased by revising the SLMCPR value to 1.09 for 
two recirculation loop operation and to 1.10 for single loop 
operation.
    The proposed license amendment establishes a revised SLMCPR that 
ensures the fuel is protected during normal operation and during any 
plant transients or anticipated operational occurrences. 
Specifically, the reload analysis demonstrates that a SLMCPR value 
of 1.09 for two recirculation loop operation and 1.10 for single 
loop operation ensures that less than 0.1 percent of the fuel rods 
will experience boiling transition during any plant operation if the 
limit is not violated.
    Based on (1) the determination of the new SLMCPR value using 
conservative approved methods, and (2) the operability of plant 
systems designed to mitigate the consequences of accidents not 
having been changed; the consequences of an accident previously 
evaluated have not been increased.
    Additionally, the proposed license amendment establishes a 
footnote for the SLMCPR value in Technical Specification 2.1.2 and 
revises TS 6.9.3.2.c to reference the NRC Safety Evaluation 
associated with approval of the proposed license amendment. The 
footnote for the SLMCPR value in TS 2.1.2, as well as reference 
``c'' in TS 6.9.3.2, are associated with the acceptance of the 
SLMCPR value for Unit 1 Cycle 12 operation only. Thus, these changes 
are administrative revisions that have no effect on the probability 
or consequences of accidents previously evaluated.
    2. The proposed license amendment does not create the 
possibility of a new or different kind of accident from any accident 
previously evaluated.

[[Page 17901]]

    This proposed license amendment involves a revision of the 
SLMCPR to 1.09 for two recirculation loop operation and to 1.10 for 
single loop operation based on the results of both cycle-specific 
and generic analyses. Additionally, the proposed license amendment 
establishes a footnote for the SLMCPR value in TS 2.1.2 and revises 
TS 6.9.3.2.c to reference the NRC Safety Evaluation associated with 
approval of the proposed license amendment. Creation of the 
possibility of a new or different kind of accident would require the 
creation of one or more new precursors of that accident. New 
accident precursors may be created by modifications of the plant 
configuration, including changes in allowable modes of operation. 
This proposed license amendment does not involve any modifications 
of the plant configuration or changes in the allowable modes of 
operation. Therefore, no new precursors of an accident are created 
and no new or different kinds of accidents are created.
    3. The proposed license amendment does not involve a significant 
reduction in a margin of safety.
    As previously stated, the derivation of the cycle-specific 
safety limit MCPRs was performed using ``General Electric Standard 
Application for Reactor Fuel,'' NEDE-24011-P-A-13; U. S. Supplement, 
NEDE-24011-P-A-13-US, August 1996; and the ``Proposed Amendment 25 
to GE Licensing Topical Report NEDE-24011-P-A (GESTAR II) on Cycle 
Specific Safety Limit MCPR.'' Amendment 25 was submitted by GE to 
the NRC on December 13, 1996. GE has determined that both generic 
and plant-specific evaluations yield the same calculated SLMCPR 
value for Unit 1 Cycle 12. Use of these methods ensures that the 
resulting SLMCPR satisfies the fuel design safety criteria that less 
than 0.1 percent of the fuel rods experience boiling transition if 
the safety limit is not violated. Based on the assurance that the 
fuel design safety criteria will be met, the proposed license 
amendment does not involve a significant reduction in a margin of 
safety.
    Additionally, the proposed license amendment establishes a 
footnote for the safety limit MCPR value in TS 2.1.2 and revises TS 
6.9.3.2.c to reference the NRC Safety Evaluation associated with 
approval of the proposed license amendment. The footnote on the 
SLMCPR value in TS 2.1.2, as well as reference ``c'' in TS 6.9.3.2, 
are associated with the use of a SLMCPR value for Unit 1 Cycle 12 
operation only. Thus, these changes are administrative revisions 
that have no effect on 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 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.
    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 20555-0001, 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 11, 1998, 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 University of North Carolina at 
Wilmington, William Madison Randall Library, 601 S. College Road, 
Wilmington, North Carolina 28403-3297. 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

[[Page 17902]]

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: 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. 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 General Counsel, Carolina Power & 
Light Company, P.O. 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 February 23, 1998, as supplemented on 
March 27, 1998, 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 University of North Carolina at Wilmington, William Madison Randall 
Library, 601 S. College Road, Wilmington, North Carolina 28403-3297. 
This notice supersedes the Federal Register notice of March 25, 1998 
(63 FR 14484).

    Dated at Rockville, Maryland, this 7th day of April 1998.

    For the Nuclear Regulatory Commission.
David C. Trimble,
Project Manager, Project Directorate II-1, Division of Reactor 
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 98-9652 Filed 4-9-98; 8:45 am]
BILLING CODE 7590-01-P