[Federal Register Volume 68, Number 16 (Friday, January 24, 2003)]
[Notices]
[Pages 3566-3568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-1636]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-261]
Carolina Power & Light Co.; 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-23, issued to Carolina Power & Light
[[Page 3567]]
Company (the licensee), for operation of the H. B. Robinson Steam
Electric Plant, Unit No. 2 (HBRSEP2), located in Darlington County,
South Carolina.
The proposed amendment would revise the applicable Technical
specifications (TS) requirements for rod position monitoring during the
current operating cycle (Cycle 22) to allow the use of an alternate
method of determining rod position. This will be effective until repair
of the indication system can be completed during the next shutdown of
sufficient duration.
The reason for the exigency is due to the unanticipated failure of
the HBRSEP2 analog rod position indicator for Control Rod H-10 in
Shutdown Bank B that was declared inoperable on December 22, 2002.
Additionally, there is a concern regarding excessive system wear and
potential increase for a malfunction or failure.
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:
An evaluation of the proposed change has been performed in
accordance with 10 CFR 50.91(a)(1) regarding no significant hazards
considerations, using the standards in 10 CFR 50.92(c). A discussion of
these standards as they relate to this amendment request follows:
1. The Proposed Change Does Not Involve a Significant Increase
in the Probability or Consequences of an Accident Previously
Evaluated.
The proposed change provides an alternative method for verifying
the position of one control rod in a shutdown bank of rods. The
proposed change meets the intent of the current TS by ensuring
verification of the position of this rod once every eight hours. The
proposed change only provides an alternative method of monitoring
rod position and does not change the assumptions 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. The Proposed Change Does Not Create the Possibility of a New
or Different Kind of Accident From Any Previously Evaluated.
As described above, the proposed change only provides an
alternative method of determining the position of one control rod in
a shutdown bank of rods. No new accident initiators are introduced
by the proposed alternative method 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 amendment would not create the possibility of a new or
different kind of accident from any previously evaluated.
3. The Proposed Change Does Not Involve a Significant Reduction
in the Margin of Safety.
The Bases of TS 3.1.7 states 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 analyses are preserved, and the
consequences of previously analyzed accidents are unaffected.
Therefore, operation of the facility in accordance with the
proposed amendment would 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 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
(PDR), located at One White Flint North, Public File Area O1 F21, 11555
Rockville Pike, Rockville, Maryland.
The filing of requests for hearing and petitions for leave to
intervene is discussed below.
By February 24, 2003, 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 PDR, located at One White Flint North,
Public File Area O1 F21, 11555 Rockville Pike, 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
[[Page 3568]]
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.
---------------------------------------------------------------------------
\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 2.714(d) and subparagraphs (d)(1) and (2),
regarding petitions to intervene and contentions. For the complete,
corrected text of 10 CFR 2.714(d), please see 67 FR 20884 (April 20,
2002).
---------------------------------------------------------------------------
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.
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 PDR,
located at One White Flint North, Public File Area O1 F21,11555
Rockville Pike, 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
William D. Johnson, Vice President and Corporate Secretary, Carolina
Power & Light Company, Post Office Box 1551, Raleigh, North Carolina
27602, 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 January 16, 2003, which is available
for public inspection at the Commission's PDR, located at One White
Flint North, Public File Area O1 F21, 11555 Rockville Pike, 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, MD, this 17th day of January 2003.
For the Nuclear Regulatory Commission.
Chandu P. Patel,
Project Manager, Section 2, Project Directorate II, Division of
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 03-1636 Filed 1-23-03; 8:45 am]
BILLING CODE 7590-01-P