[Federal Register Volume 64, Number 59 (Monday, March 29, 1999)]
[Notices]
[Pages 14944-14946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-7601]


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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, NPF-66, NPF-72, and NPF-77 issued to Commonwealth Edison 
Company (ComEd, the licensee) for operation of the Byron Station, Unit 
Nos. 1 and 2, located in Ogle County, Illinois, and Braidwood Station, 
Unit Nos. 1 and 2, located in Will County, Illinois.
    The proposed amendments would allow the use of the Gamma-Metrics 
Post Accident Neutron Monitors (PANMs) to provide neutron flux 
information during Operational Mode 6 (refueling).
    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 
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:

    Does the proposed change involve a significant increase in the 
probability or consequences of an accident previously evaluated?
    The installed Westinghouse source range neutron flux monitors 
are boron trifluoride detectors operating in the proportional region 
of the gas filled detector characteristic curve. The detectors 
monitor the neutron flux in counts per second. The instrument range 
covers six decades (i.e., 1 to 1E06 counts per second (cps)). The 
installed source range Gamma-Metrics post accident neutron flux 
monitors (PANMs) are enriched U-235 fission chambers operating in 
the ion chamber region of the detector characteristic curve. The 
detectors monitor the neutron flux in counts per second. The 
instrument range covers six decades (i.e., 0.1 to 1E05 cps). The 
detectors provide continuous visual indication in the Main Control 
Room (MCR.) Both the Westinghouse and Gamma-Metrics PANM neutron 
detectors are designed in accordance with 10CFR50 Appendix A, 
General Design Criterion (GDC) 13, ``Instrumentation and control,'' 
and GDC 29, ``Protection against anticipated operational 
occurrences,'' and are functionally equivalent for this application.
    The Technical Specifications Bases state that two operable 
source range neutron flux monitors are required to provide a signal 
to alert the operator to unexpected changes in core reactivity such 
as with a boron dilution accident or an improperly loaded fuel 
assembly. The use of source range neutron flux monitors, either 
Gamma-Metrics PANMs or Westinghouse, has no effect on the 
probability of a dilution accident or an improperly loaded fuel 
assembly, because the source range neutron flux monitors are not in 
any way the initiators of or precursor to either accident.
    The use of source range neutron flux monitors, either Gamma-
Metrics PAMNs or Westinghouse, has no effect on the consequences of 
a dilution accident or an improperly loaded fuel assembly. The need 
for a safety analysis for an uncontrolled boron dilution accident is 
eliminated by isolating all unborated water sources as required by 
LCO 3.9.2, ``Unborated Water Source Isolation Valves.'' Thus boron 
dilution is not considered a credible accident during refueling.
    UFSAR Section 15.4.7 does not credit the source range neutron 
flux monitors for prevention or detection of the improperly loaded 
fuel assembly. It instead credits administrative procedures (i.e., 
nuclear component transfer lists, core inventory verification, etc.) 
implemented during fuel loading. If a fuel assembly loading error 
occurred, it would be detected by a flux map, or the perturbations 
of the power distribution will be sufficiently small to be within 
the allowable uncertainties.
    Therefore this proposed change does not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    Does the proposed change create the possibility of a new or 
different kind of accident from any accident previously evaluated?
    The proposed change to Technical Specification 3.9.3 does not 
involve any physical alteration of plant systems, structures, or 
components, or changes in parameters governing plant operation. This 
change will not result in a significant reduction in monitoring 
capability since both the Westinghouse and Gamma-Metrics PANM source 
range neutron flux monitors are functionally equivalent and both are 
Safety Category I (Class 1E) systems. These source range 
instrumentation systems are for monitoring neutron flux and 
criticality assessment. They are not relied upon to initiate 
automatic accident mitigation in Operational Mode 6. Therefore, the 
proposed change does not create the possibility of a new or 
different kind of accident from any previously evaluated.
    Does the proposed change involve a significant reduction in a 
margin of safety?
    The proposed change will still maintain the requirement for two 
source range neutron flux monitors for visual monitoring of core 
reactivity as currently discussed in the Bases for the affected 
Technical Specifications. The Gamma-Metrics PANMs use fission 
chambers as detectors that have a sensitivity of 4 cps/neutron-volt 
(cps/nv) for thermal neutrons and 2 cps/nv for fast neutrons. The 
Westinghouse source range neutron flux monitors have a sensitivity 
of 13 cps/nv. The Gamma-Metrics PANMs have a comparable range and 
accuracy (i.e., range of 0.1 to 1E05 cps with an accuracy of 2% of 
full scale) to that of the Westinghouse source range neutron flux 
monitors (i.e., 1 to 1E+6 cps with an accuracy of 3 percent of full 
scale). The fact that the Gamma-Metrics PANMs do not cover the range 
of 1E05 to 1E06 cps is insignificant in Operational Mode 6 due to 
the low count rates expected. Therefore, these changes do not 
involve a significant reduction in the margin of safety.

The NRC staff has reviewed the licensee's analysis and, based on this 
review, it appears that the three

[[Page 14945]]

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 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 April 28, 1999, 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 the Byron Public Library District, 109 N. 
Franklin, P.O. Box 434, Byron, Illinois 61010 (for Byron) and the 
Wilmington Public Library, 201 S. Kankakee Street, Wilmington, Illinois 
60481 (for Braidwood). 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 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 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 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. 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 Ms. Pamela B. Stroebel, Senior Vice 
President and General Counsel, Commonwealth Edison Company, P.O. Box 
767, Chicago, Illinois 60690-0767, attorney for the licensee.
    Nontimely filings of petitions for leave to intervene, amended 
petitions, supplemental petitions and/or requests

[[Page 14946]]

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 March 22, 1999, 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 Byron Public Library District, 109 N. 
Franklin, P.O. Box 434, Byron, Illinois 61010 (for Byron) and the 
Wilmington Public Library, 201 S. Kankakee Street, Wilmington, Illinois 
60481 (for Braidwood).

    Dated at Rockville, Maryland, this 23rd day of March 1999.

    For the Nuclear Regulatory Commission.
John B. Hickman,
Project Manager, Project Directorate III-2, Division of Licensing 
Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 99-7601 Filed 3-26-99; 8:45 am]
BILLING CODE 7590-01-P