[Federal Register Volume 63, Number 208 (Wednesday, October 28, 1998)]
[Notices]
[Pages 57710-57713]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-28816]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. STN 50-454, STN 50-455, STN 50-456, and STN 50-457]


Commonwealth Edison Co.; 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-37 and NPF-66, issued to Commonwealth Edison Company (ComEd, the 
licensee) for operation of Byron Station, Units 1 and 2, located in 
Ogle County, Illinois and Facility Operating License Nos. NPF-72 and 
NPF-77, issued to ComEd for operation of Braidwood Station, Units 1 and 
2, located in Will County, Illinois.
    This notification addresses the beyond scope items identified in 
the requested amendments dated December 13, 1996. The proposed 
amendments would revise current Technical Specifications (CTS) of each 
unit to conform with NUREG-1431, Revision 1, ``Standard Technical 
Specifications --Westinghouse Plants.'' The beyond scope issues were 
further supplemented by letters dated October 10, 1997, February 13, 
1998, April 13, 1998, June 2, 1998, July 8, 1998, September 25, 1998, 
and October 1, 1998. The following descriptions and proposed no 
significant hazard analyses cover only those beyond scope changes. 
Associated with each change are administrative/editorial changes such 
that the new or revised requirements would fit the format of NUREG-
1431.
    1. CTS Limiting Condition of Operation (LCO) 3.1.3.5 states that 
``all shutdown rods shall be fully withdrawn'' when in MODE 1 and MODE 
2 with Keff greater than or equal to 1.0. ComEd proposes to 
change the applicability to MODE 1 and MODE 2 with any control bank not 
fully inserted. The revised requirement will be stated as ITS 3.1.5.
    2. CTS 3.1.3.2.a.1 states, ``Determine the position of the non-
indicating rod(s) indirectly by the movable incore detectors at least 
once per 8 hours and immediately after any motion of the non-indicating 
rod which exceeds 24 steps in one direction since the last 
determination of the rod's position * * * '' ComEd proposes to 
eliminate the requirement for ``immediate'' determination of rod 
position. This is an administrative change. The revised requirement 
will be stated as ITS 3.1.7.
    3. CTS Surveillance Requirement (SR) 4.1.2.7.a requires each Boron 
Dilution Protection System (BDPS) subsystem to be demonstrated OPERABLE 
at least every 12 hours. One of the requirements to determine 
OPERABILITY is to ``verify that (each subsystem's) associated nuclear 
instrumentation source range detector is OPERABLE and indicating 
greater than or equal to 10 counts per second.'' OPERABILITY of the 
source range nuclear instruments is accomplished by satisfactorily 
completing the SR of CTS Table 4.3-1. The surveillance cannot by 
performed in the higher MODE without utilizing jumpers or lifting 
leads, which could result in an undesirable reactor transient. 
Consequently, ComEd proposes to allow the unit to enter the MODEs of 
applicability from a higher MODE (i.e., entering MODE 3 from MODE 2) 
without having performed the SR; however, the surveillance must be 
completed within 4 hours after entering the mode of applicability. This 
revised requirement will be stated as ITS SR 3.3.9.7.
    4. CTS SR 4.2.3.5 requires the determination of reactor coolant 
system (RCS) total flow rate by a precision heat balance measurement. 
No time limit is stated for completion of this SR; however, it must be 
done prior to the completion of PHYSICS TESTS. ComEd

[[Page 57711]]

proposes to revise the CTS to limit the period of time (to 7 days) that 
the SR is not required to be performed after attaining the required 
unit status necessary to perform the SR. This revised requirement will 
be stated as ITS SR 3.4.1.4.
    5. CTS 3.4.9.1 Action requires that if any of the limits are 
exceeded and cannot be restored within 30 minutes, the unit must be in 
Hot Standby within the next 6 hours and the RCS TAVG and 
pressure must be reduced to less than 200 degrees Fahrenheit and 500 
psig, respectively, within the following 30 hours. ComEd proposes to 
eliminate the requirement to reduce pressure to less than 500 psig. 
This revised requirement will be stated as ITS LCO 3.4.3.
    6. ComEd proposes to revise CTS LCO 3.4.1.5.2 and CTS SR 
4.4.1.5.2.2 to change the standard against which the isolated loop is 
compared to allow opening of the isolation valves. The revision 
requires the isolated loop boron concentration to be greater than or 
equal to the ``required shutdown margin boron concentration.'' This 
change allows an isolated loop to be unisolated even if the boron 
concentration of the isolated loop is less than the unisolated portion 
of the RCS as long as the isolated loop concentration is greater than 
the required RCS concentration to meet ITS LCO 3.1.1 (when in MODE 5) 
or ITS LCO 3.9.1 (when in MODE 6). This change prevents unnecessary 
dilutions under conditions where both the isolated loop and unisolated 
portion meet the applicable shutdown margin requirements, but the 
unisolated portion is at a higher concentration than the isolated loop. 
This revised requirement will be stated as ITS LCO 3.4.18.
    7. CTS SR 4.4.1.5.2.2 requires the boron concentration of an 
isolated loop be determined to be greater than the boron concentration 
of an operating loop within 2 hours prior to opening the valves of an 
isolated loop. ComEd proposes to revise the time requirement from 2 
hours to 4 hours. This revised requirement will be stated as ITS SR 
3.4.18.2.
    8. CTS LCO 3.4.6.2.e and CTS SR 4.4.6.2.1 require that RCS leakage 
be limited to ``40 gpm CONTROLLED LEAKAGE at a Reactor Coolant System 
pressure of 2235 plus/minus 20 psig.'' ComEd proposes to change this 
leakage requirement from 40 gpm to a value determined as a function of 
the differential pressure between charging pump discharge header 
pressure and RCS pressure (as shown on ITS Figure 3.5.5-1). The revised 
requirement will be stated as ITS LCO 3.5.5 and ITS SR 3.5.5.1.
    9. ComEd proposes an editorial change to CTS LCO 3.6.3.a.2 to allow 
deactivated remote manual valves to satisfy the required action to 
isolate the penetration. The revised requirement will be stated as ITS 
LCO 3.6.3 Required Action A.1.
    10. CTS LCO 3.8.1.1 does not provide an explicit Action for the 
situation of a diesel generator inoperable and one bus with two 
required qualified circuits inoperable (under the CTS, this condition 
would require entry into CTS LCO 3.03). Consistent with the guidance in 
NUREG-1431, ComEd proposes to add this Condition to provide required 
actions to either restore the diesel generator within 12 hours or 
restore the required qualified circuits within 12 hours. The proposed 
restoration time is consistent with the discussions provided in 
Regulatory Guide 1.93. The revised requirement will be stated as ITS 
LCO 3.8.1.
    11. CTS SR 4.8.1.1.1.b, CTS SR 4.8.1.1.2.f.5 and CTS SR 
4.8.1.1.2.f.6 require their respective surveillance to be completed 
while shut down. CTS SR 4.8.1.1.1.b involves transfer of offsite 
circuits from normal to alternate. CTS SR 4.8.1.1.2.f.5 and CTS SR 
4.8.1.1.2.f.6 involves surveillance of the engineered safety feature 
(ESF) bus electrical power systems. ComEd proposes to eliminate the 
shutdown restriction required by the CTS surveillance. The revised 
requirements will be stated as ITS SR 3.8.1.8, ITS SR 3.8.1.12 and ITS 
SR 3.8.1.13, respectively.
    12. CTS SR 4.8.1.1.2.f.3 states that ``* * * The (diesel) generator 
voltage shall not exceed 4784 volts during and following the load 
rejection * * *'' ComEd proposes to add a note which states that 
momentary transients above voltage immediately following a load 
rejection do not invalidate the test. Based on plant experience and 
discussions with the diesel generator manufacturer during a full load 
reject test, very high voltage spikes may occur during this test with 
no detrimental impact on generator performance. This revised 
requirement will be stated as ITS SR 3.8.1.10.
    13. CTS SR 4.9.4.1 requires, during CORE ALTERATIONS or movement of 
irradiated fuel in the containment, the verification that each 
containment purge isolation valve actuates to the isolation position, 
but does not require the isolation time for each valve to be verified. 
ComEd proposes to verify each required containment purge valve actuates 
to the isolation position on an actual or simulated actuation signal 
(every 18 months) and to verify the isolation time of each required 
containment purge valve is within limits with frequency determined in 
accordance with the inservice test (IST) program. The revised 
requirement will be stated as ITS SR 3.9.4.2 and 3.9.4.3.
    14. Various ventilation filter testing requirements of CTS LCO 
3.7.6, 3.7.7 and 3.9.12 specify that testing be performed ``in 
accordance with'' the applicable Regulatory Guide or ANSI Standard. 
ComEd proposes that the required testing be performed ``in general 
conformance with'' Regulatory Guide 1.52, Revision 2, and ANSI N510-
1980 ``with any exception noted in Appendix A of the [Updated Final 
Safety Analysis Report] UFSAR.'' This change provides the capability 
for justified variances between the applicable Regulatory Guide/ANSI 
Standard and the implementing procedures. Any future variances will be 
evaluated in accordance with 10 CFR 50.59 and documented in UFSAR 
Appendix A consistent with current practice. The revised requirement 
will be stated as ITS Administrative Control 5.5.11.
    15. CTS LCO 3.6.1.2 requires that the containment leakage rates be 
determined in accordance with 10 CFR part 50, appendix J, Option B and 
Regulatory Guide 1.163, September 1995. In turn, Regulatory Guide 1.163 
references NEI 94-01, ``Industry Guideline for Implementing 
Performance-Based Option to 10 CFR part 50, appendix J.'' ComEd 
proposes to modify conformance to these documents by the addition of an 
exception which allows the time interval between the first and last 
tests in a series of consecutive satisfactory Type A tests (where two 
satisfactory tests are required prior to extending the Type A test 
interval) to be 18 months vice 24 months as stated in the NEI 
Guideline. The nominal refueling cycle frequency is 18 months and 
provides the reasonable time interval. This revised requirement will be 
stated as ITS Administrative Control 5.5.16.
    16. CTS 6.12 provides high radiation area access control 
alternatives pursuant to 10 CFR 20.203(c)(2) (revised to 10 CFR 
20.1601(c)). ComEd proposed to revise this specification as a result of 
the change to 10 CFR part 20, using the guidance provided in Regulatory 
Guide 8.38, ``Control of Access to High and Very High Radiation Areas 
in Nuclear Power Plants,'' and current industry technology in 
controlling access to high radiation areas. The proposed changes 
include additional requirements for groups entering high radiation 
areas, clarification of the need for communication and control of 
workers in high radiation areas, clarification of definition of high 
radiation areas, and

[[Page 57712]]

the clarification that an equivalent document to a Radiation Work 
Permit is acceptable. This revised requirement will be stated as ITS 
Administrative Control 5.7.
    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 requested 
amendments 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 for each of the above 
proposed changes. The NRC staff has reviewed ComEd's analyses against 
the standards of 10 CFR 50.92(c). The staff's analysis is presented 
below.
    1. Will the changes involve a significant increase in the 
probability or consequences of an accident previously evaluated?
    In all of the changes described above the answer is ``no.'' The 
proposed changes will not affect the safety function of the subject 
systems. There will be no direct effect on the design or operation of 
any plant structures, systems, or components. No previously analyzed 
accidents were initiated by the functions of these systems, and the 
systems will continue to perform their functions in mitigating 
consequences of previously analyzed accidents. Therefore, the proposed 
changes will have no impact of the consequences of any previously 
evaluated accidents.
    2. Will the changes create the possibility of a new or different 
kind of accident from any accident previously evaluated?
    In all of the changes described above, the answer is ``no.'' The 
proposed changes would not lead to any design or operating procedure 
change. Hence, no new equipment failure modes or accidents from those 
previously evaluated will be created.
    3. Will the changes involve a significant reduction in a margin of 
safety?
    In all of the changes described above, the answer is ``no.'' Margin 
of safety is associated with confidence in the design and operation of 
the plant. The proposed changes to the CTS do not involve any change to 
plant design, operation, or analysis. Thus, the margin of safety 
previously analyzed and evaluated is maintained.
    Based on the analysis, it appears that the three standards of 10 
CFR 50.92(c) are satisfied for each of the proposed changes. Therefore, 
the NRC staff proposes to determine that the requested amendments 
involve 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 amendments 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 amendments 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 Chief, Rules and 
Directives Branch, Division of Administrative 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 6D59, 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 November 27, 1998, 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, PO 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 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

[[Page 57713]]

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.
    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 Michael I. Miller, Esquire; Sidley 
and Austin, One First National Plaza, Chicago, Illinois 60603, attorney 
for ComEd.
    Non-timely 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 December 13, 1996, as supplemented on 
October 10, 1997, February 13, 1998, April 13, 1998, June 2, 1998, July 
8, 1998, September 25, 1998, and October 1, 1998, which are 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 21st day of October 1998.

    For the Nuclear Regulatory Commission.
Ramin R. Assa,
Project Manager, Project Directorate III-2, Division of Reactor 
Projects--III/IV, Office of Nuclear Reactor Regulation.
[FR Doc. 98-28816 Filed 10-27-98; 8:45 am]
BILLING CODE 7590-01-P