[Federal Register Volume 63, Number 214 (Thursday, November 5, 1998)]
[Notices]
[Pages 59809-59811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29642]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-335, 50-389]


Florida 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 or NRC) is 
considering issuance of amendments to Facility Operating License Nos. 
DPR-67 and NPF-16, issued to Florida Power & Light Company (the 
licensee), for operation of the St. Lucie Plant, Units 1 and 2, 
respectively, that are located in St. Lucie County, Florida.
    The proposed amendments would revise the terminology used in the 
St. Lucie Plant Technical Specifications (TSs) relative to the 
implementation and automatic removal of certain reactor protection 
system trip bypasses to

[[Page 59810]]

ensure that the meaning of explicit terms used in the TSs are 
consistent with the intent of the stated requirements.
    The circumstances surrounding this request support an exigent TS 
amendment process. St. Lucie Unit 2 is scheduled to enter their 10th 
refueling outage on November 9, 1998. The licensee currently plans to 
begin the Unit 2 startup activities on December 1, 1998. The staff 
finds that there are sufficient time restraints in the schedule, and 
with the current TSs, the reactor could not be started up without 
exposing the plant to the risk of unnecessary reactor trips. Therefore, 
this amendment request will be handled on an exigent basis.
    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 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) Operation of the facility in accordance with the proposed 
amendment would not involve a significant increase in the 
probability or consequences of an accident previously evaluated.
    The proposed amendments are administrative in nature, and do not 
change the function or the setpoints of the RPS trip bypass 
features. The revisions simply make corrections to the Notation of 
TS Tables 2.2-1 and 3.3-1 to ensure that the meaning of explicit 
terms used in the Notes is consistent with the intent of the stated 
requirements based on the St. Lucie plant design. The proposed 
technical specification changes do not involve accident initiators, 
do not change the configuration or method of operation of any plant 
equipment that is used to mitigate the consequences of an accident, 
and do not alter any conditions assumed in the plant accident 
analyses. Therefore, operation of either facility in accordance with 
its proposed amendment would not involve a significant increase in 
the probability or consequences of an accident previously evaluated.
    (2) Operation of the facility in accordance with the proposed 
amendment would not create the possibility of a new or different 
kind of accident from any accident previously evaluated.
    The proposed amendments are administrative in nature and will 
not change the physical plant or the modes of plant operation 
defined in the Facility Operating Licenses. The changes do not 
involve the addition or modification of equipment nor do they alter 
the design or operation of plant systems. Therefore, operation of 
either facility in accordance with its proposed amendment would not 
create the possibility of a new or different kind of accident from 
any accident previously evaluated.
    (3) Operation of the facility in accordance with the proposed 
amendment would not involve a significant reduction in a margin of 
safety.
    The proposed amendments are administrative in nature and do not 
change the function or the setpoints of the RPS trip bypass 
features. The revisions simply make corrections to the Notation of 
TS Tables 2.2-1 and 3.3-1 to ensure that the meaning of explicit 
terms used in the Notes is consistent with the intent of the stated 
requirements based on the St. Lucie plant design. The proposed 
changes do not alter the basis for any technical specification that 
is related to the establishment of, or the maintenance of, a nuclear 
safety margin. Therefore, operation of either facility in accordance 
with its proposed amendment would not involve a significant 
reduction in a 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. 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 19, 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 Indian River Community College Library, 
3209 Virginia Avenue, Fort Pierce, Florida 34981-5596. 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

[[Page 59811]]

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 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 the amendment is 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 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 M.S. Ross, Florida Power & Light 
Company, P.O. Box 14000, Juno Beach, FL, 33408-0420, 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 October 29, 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 Indian River Community College 
Library, 3209 Virginia Avenue, Fort Pierce, Florida 34981-5596.

    Dated at Rockville, Maryland, this 30th day of October 1998.

    For the Nuclear Regulatory Commission.
William C. Gleaves,
Project Manager, Project Directorate II-3, Division of Reactor 
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 98-29642 Filed 11-4-98; 8:45 am]
BILLING CODE 7590-01-P