[Federal Register Volume 63, Number 211 (Monday, November 2, 1998)]
[Notices]
[Pages 58794-58796]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29265]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. STN 50-454, STN 50-455, STN 50-456, 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-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 bracketed 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 following 
descriptions and proposed no significant hazard analyses cover only 
those beyond scope bracketed 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) 3.2.2 ensures 
compliance with FQ fuel design limits by a bounding analysis 
that is verified in the plant by monitoring a height dependent radial 
peaking factor FXY(Z). The CTS denotes associated LCOs, 
Actions, and Surveillance Requirements (SRs) for the FXY(Z) 
methodology. Improved Technical Specification (ITS) LCO 3.2.1 denotes 
associated LCOs, Actions, and SRs for a method based on an equilibrium 
FQ(Z) surveillance (FQ(Z)W(Z) methodology). The 
proposed methodology change provides more available margin to the 
FQ(Z) limit than is currently available with the 
FXY(Z) surveillance methodology. The FXY(Z) 
methodology is based on a 1 dimension-2 dimension synthesis of data 
whereas the FQ(Z)W(Z) methodology is a more advanced 3 
dimension calculation. ComEd proposes to replace the FXY(Z) 
method by the FQ(Z)W(Z) method. NUREG-1431 provides the 
option for either the FXY(Z) methodology or the 
FQ(Z)W(Z) methodology. The revised

[[Page 58795]]

requirement will be stated as ITS LCO 3.2.1.
    2. This beyond scope change applies to Braidwood Station only. CTS 
SR 4.7.7.d.3 confirms the ability of both trains of the Nonaccessible 
Area Exhaust Filter Plenum Ventilation System to maintain Emergency 
Core Cooling System (ECCS) equipment rooms at -0.25 inches (water 
gauge) relative to the outside atmosphere while operating at a 
specified flow rate per train and a specified flow rate per bank. ComEd 
proposes to eliminate the specified bank flow rates. The SR verifies 
the integrity of the ECCS pump room areas. The ability of the 
Nonaccessible Area Exhaust Filter Plenum Ventilation System to maintain 
the ECCS pump room areas at a negative pressure, with respect to 
potentially uncontaminated adjacent area, is periodically tested to 
verify proper functioning of the Nonaccessible Area Exhaust Filter 
Plenum Ventilation System. Verification of the train flow rates is 
sufficient to satisfy this SR. In addition, several of the CTS 4.7.7 
SRs include operating the system at a specified flow rate per train and 
a specified flow rate per bank. The specified train and bank flow rates 
are included in ITS Specification 5.5.11.a and 5.5.11.b for 
surveillances performed after structural maintenance on the high-
efficiency particulate air (HEPA) or charcoal adsorber housings. ITS 
Specifications 5.5.11.a and 5.5.11.b include only train flow rates for 
other periodic surveillances. The flow distribution per train (bank 
flow) is achieved by permanently welded baffle plates and was tested 
during initial construction and periodically as required by the CTS. 
These changes were permitted at Byron Station as described in NRC 
safety evaluation (SE) dated October 22, 1993. The revised requirements 
will be stated as ITS 3.7.12 and ITS 5.5.11.
    3. CTS SR 4.8.1.1.2.a.5, 4.8.1.1.2.f.3, and 4.8.1.1.2.f.7 include 
requirements associated with loading the diesel generator (DG) to 
greater than or equal to the continuous rating of the DGs (5500 kW). 
Consistent with NUREG-1431, ComEd proposes to modify these SRs to 
include a 90 percent to 100 percent of the continuous rating of the DGs 
load band (4950 kW to 5500 kW). These revised requirements will be 
stated as ITS SR 3.8.1.3 (31 day, 60 minute run), ITS SR 3.8.1.10 (full 
load reject), and ITS SR 3.8.1.14 (24 hour run). In addition, the Note 
contained in ITS SR 3.8.1.15 (hot restart) includes this load band. 
Regulatory Guide 1.9, Revision 3, recommends that these tests be 
conducted at 90 percent to 100 percent of the DG continuous rating. The 
maximum expected accident load for the worst case DG is 5166 kW (Byron 
DG 1A--during the first 30 minutes). The footnotes associated with CTS 
SR 4.8.1.1.2.f.7 include an allowance to load the DG for the first 2-
hours of the 24 hour test within a load band of +0 kW, -150 kW of the 
2-hour rating of the DG (6050 kW). Consistent with NUREG-1431, ComEd 
proposes to modify this load band in ITS SR 3.8.1.12 to include a 105 
percent to 110 percent of the DG continuous rating (5775 kW-6050 kW) 
load band. The 100 percent corresponds to the 2-hour rating, while the 
105 percent corresponds to -275 kW from the 2-hour rating. In summary, 
these revised requirements will be stated as ITS 3.8.1.3, 3.8.1.10, 
3.8.1.14, and 3.8.1.15.
    4. Consistent with plant specific analyses and current procedural 
controls, ComEd proposes to raise the minimum steady state voltage 
acceptance criterion for CTS SR 4.8.1.1.2.a.4, 4.8.1.1.2.f.2, 
4.8.1.1.2.f.4.b, 4.8.1.1.2.f.5, and 4.8.1.1.2.f.6.b to 3950 volts. This 
minimum steady state value ensures that certain low voltage sensitive 
components can operate properly. This revised requirement will be 
stated as ITS SRs 3.8.1.2, 3.8.1.7, 3.8.1.9, 3.8.1.11, 3.8.1.12, 
3.8.1.15, and 3.8.1.19.
    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

[[Page 58796]]

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 December 2, 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, 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 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.
    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, 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 27th 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. 98-29265 Filed 10-30-98; 8:45 am]
BILLING CODE 7590-01-P