[Federal Register Volume 67, Number 149 (Friday, August 2, 2002)]
[Notices]
[Pages 50473-50475]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-19537]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-251]


Florida Power and 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-41, issued to Florida Power and Light (the licensee), for operation 
of the Turkey Point Unit 4 located in Miami-Dade County.
    The proposed amendment would modify the existing rod position 
Technical Specifications to allow the use of an alternate method of 
determining rod position for a control rod with an inoperable rod 
position indication. This would be effective until repair of the 
indication system can be completed.
    The reason for the exigency is due to the unanticipated failure of 
the Turkey Point Unit 4 Analog Rod Position Indication for control rod 
C-9 in Shutdown Bank A which was declared inoperable on Thursday, July 
25, 2002. Additionally, there is a concern regarding excessive wear due 
to exercising the movable incore detectors every 8 hours (90 times per 
month), to comply with the compensatory actions required by the current 
Action Statement a. of TS 3.1.3.2.
    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:

    Florida Power and Light Company (FPL) has concluded that the 
proposed amendment to the Turkey Point Unit 4 operating license does 
not involve a significant hazards consideration. In support of this 
determination, an evaluation of each of the three standards set 
forth in 10 CFR 50.92 is provided below.
    1. Will operation of the facility in accordance with this 
proposed change involve a significant increase in the probability or 
consequences of an accident previously evaluated?
    No. The proposed change provides an alternative method for 
verifying rod position of one shutdown rod. The proposed change 
meets the intent of the current specification in that it ensures 
verification of position of the shutdown rod once every eight (8) 
hours. The proposed change provides only an alternative method of 
monitoring shutdown rod position and does not change the assumption 
or results of any previously evaluated accident.
    Therefore, 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.
    2. Will operation of the facility in accordance with this 
proposed change create the possibility of a new or different kind of 
accident from any accident previously evaluated?
    No. As described above, the proposed change provides only an 
alternative method of determining the position of one shutdown rod. 
No new accident initiators are introduced by the proposed 
alternative manner of performing rod position verification. The 
proposed change does not affect the reactor protection system or the 
reactor control system. Hence, no new failure modes are created that 
would cause a new or different kind of accident from any accident 
previously evaluated.
    Therefore, operation of the facility in accordance with the 
proposed amendments would not create the possibility of a new or 
different kind of accident from any previously evaluated.
    3. Will operation of the facility in accordance with this 
proposed change involve a significant reduction in a margin of 
safety?
    No. The bases of Specification 3.1.3.2 state that the 
operability of the rod position indicators is required to determine 
control rod positions and thereby ensure compliance with the control 
rod alignment and insertion limits. The proposed change does not 
alter the requirement to determine rod position but provides an 
alternative method for determining the position of the affected rod. 
As a result, the initial conditions of the accident analysis are 
preserved and the consequences of previously analyzed accidents are 
unaffected.
    Therefore, operation of the facility in accordance with the 
proposed amendments would not involve a significant reduction in the 
margin of safety.
    Based on the reasoning presented above, FPL has determined that 
the requested changes involve no significant hazards consideration.


[[Page 50474]]


    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. Documents may 
be examined, and/or copied for a fee, at the NRC's Public Document 
Room, located at One White Flint North, 11555 Rockville Pike (first 
floor), Rockville, Maryland.
    The filing of requests for hearing and petitions for leave to 
intervene is discussed below.
    By September 3, 2002, 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,\1\ which is 
available at the Commission's Public Document Room, located at One 
White Flint North, 11555 Rockville Pike (first floor), Rockville, 
Maryland, and available electronically on the Internet at the NRC Web 
site http://www.nrc.gov/reading-rm/doc-collections/cfr/. 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.
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    \1\ The most recent version of Title 10 of the Code of Federal 
Regulations, published January 1, 2002, inadvertently omitted the 
last sentence of 10 CFR 2.741(d) and subparagraphs (d)(1) and (2), 
regarding petitions to intervene and contentions. Those provisions 
are extant and still applicable to petitions to intervene. Those 
provisions are as follows: ``In all other circumstances, such ruling 
body or officer shall, in ruling on--
    (1) A petition for leave to intervene or a request for hearing, 
consider the following factors, among other things: (i) The nature 
of the petitioner's right under the Act to be made a party to the 
proceeding. (ii) The nature and extent of the petitioner's property, 
financial, or other interest in the proceeding. (iii) The possible 
effect of any order that may be entered in the proceeding on the 
petitioner's interest.
    (2) The admissibility of a contention, refuse to admit a 
contention if: (i) The contention and supporting material fail to 
satisfy the requirements of paragraph (b)(2) of this section; or 
(ii) The contention, if proven, would be of no consequence in the 
proceeding because it would not entitle petitioner to relief.''
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    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 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.

[[Page 50475]]

    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, located at One White Flint North, 11555 Rockville Pike 
(first floor), Rockville, Maryland, by the above date. Because of 
continuing disruptions in delivery of mail to United States Government 
offices, it is requested that petitions for leave to intervene and 
requests for hearing be transmitted to the Secretary of the Commission 
either by means of facsimile transmission to 301-415-1101 or by e-mail 
to [email protected]. A copy of the request for hearing and 
petition for leave to intervene should also be sent to the Office of 
the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, and because of continuing disruptions in delivery of mail 
to United States Government offices, it is requested that copies be 
transmitted either by means of facsimile transmission to 301-415-3725 
or by e-mail to [email protected]. A copy of the request for 
hearing and petition for leave to intervene should also be sent to M.S. 
Ross, Attorney, Florida Power & Light, P.O. Box 14000, Juno Beach, 
Florida 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 July 29, 2002, which is available for 
public inspection at the Commission's Public Document Room (PDR), 
located at One White Flint North, 11555 Rockville Pike (first floor), 
Rockville, Maryland. Publicly available records will be accessible 
electronically from the Agencywide Documents Access and Management 
System's (ADAMS) Public Electronic Reading Room on the Internet at the 
NRC web site http://www.nrc.gov/reading-rm/adams.html. Persons who do 
not have access to ADAMS or who encounter problems in accessing the 
documents located in ADAMS, should contact the NRC PDR Reference staff 
by telephone at 1-800-397-4209, 301-415-4737, or by e-mail to 
[email protected].

    Dated at Rockville, Maryland, this 29th day of July, 2002.

    For the Nuclear Regulatory Commission.
Eva A. Brown,
Project Manager, Section 2, Project Directorate II, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 02-19537 Filed 8-1-02; 8:45 am]
BILLING CODE 7590-01-P