[Federal Register Volume 68, Number 102 (Wednesday, May 28, 2003)]
[Notices]
[Pages 31735-31736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13218]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-369 and 50-370]


Duke Power Company; McGuire Nuclear Station, Unit Nos. 1 and 2; 
Environmental Assessment and Finding of No Significant Impact

    The U.S. Nuclear Regulatory Commission (NRC) is considering 
issuance of an exemption from Title 10 of the Code of Federal 
Regulations (10 CFR) Part 50, Appendix G, for Facility Operating 
License Nos. NPF-9 and NPF-17, issued to Duke Power Company (the 
licensee), for operation of the McGuire Nuclear Station, Unit Nos. 1 
and 2 (McGuire), nuclear power plant, located in Mecklenburg County, 
North Carolina. Therefore, as required by 10 CFR 51.21, the NRC is 
issuing this environmental assessment and finding of no significant 
impact.

Environmental Assessment

Identification of the Proposed Action:

    The proposed action would exempt the licensee from the requirements 
of 10 CFR part 50, appendix G, which would allow the use of American 
Society of Mechanical Engineers Boiler and Pressure Vessel Code (ASME 
Code) Code Case N-641 as the basis for revised reactor vessel pressure 
(RVP) and temperature (P/T) curves, and low temperature overpressure 
protection system setpoints in the McGuire, Unit Nos. 1 and 2 Technical 
Specifications.
    The regulation at 10 CFR part 50, section 50.60(a), requires, in 
part, that except where an exemption is granted by the Commission, all 
light-water nuclear power reactors must meet the fracture toughness 
requirements for the reactor coolant pressure boundary set forth in 
appendix G to 10 CFR part 50. Appendix G to 10 CFR part 50 requires 
that P/T limits be established for reactor pressure vessels (RPVs) 
during normal operating and hydrostatic or leak-rate testing 
conditions. Specifically, 10 CFR part 50, Appendix G, states, ``The 
appropriate requirements on both the pressure-temperature limits and 
the minimum permissible temperature must be met for all conditions.'' 
Appendix G of 10 CFR part 50 specifies that the requirements for these 
limits are the ASME Code, Section XI, Appendix G, limits.
    ASME Code Case N-641 permits the use of alternate reference 
fracture toughness for reactor vessel materials in determining the P/T 
curves and low temperature overpressure protection system setpoints for 
effective temperature and allowable pressure. The alternate reference 
fracture toughness involves the use of the ``KIC fracture 
toughness curve'' instead of the ``KIA fracture toughness 
curve,'' where KIC and KIA are ``Reference Stress 
Intensity Factors,'' as defined in ASME Code, Section XI, Appendices A 
and G, respectively. Since the KIC fracture toughness curve 
shown in ASME Code, Section XI, Appendix A, Figure A-2200-1 (the 
KIC fracture toughness curve), provides a higher fracture 
toughness value than the corresponding KIA fracture 
toughness curve of ASME Code, Section XI, Appendix G, Figure G-2210-1 
(the KIA fracture toughness curve), using ASME Code Case N-
641 to establish the P/T curves and low temperature overpressure 
protection system setpoints would be less conservative than the 
methodology currently endorsed by 10 CFR part 50, Appendix G. The 
provisions of ASME Code Case N-641 were incorporated into the Appendix 
G to Section XI of the ASME Code in the 1998 Edition through 2000 
Addenda which is the Edition and Addenda of record in the 2003 edition 
of 10 CFR part 50. However, in this case, the McGuire licensing basis 
has only been updated to include the 1995 Edition through 1996 Addenda 
of the ASME Code. tHerefore, an exemption to apply ASME Code Case N-641 
is required.
    The poposed action is in accordance with the licensee's application 
dated December 12, 2002, as supplemented by letters dated March 27 and 
April 23, 2003.

The Need for the Proposed Action

    The proposed exemption is needed to allow the licensee to implement 
ASME Code Case N-641 in order to revise the method used to determine 
the P/T curves and because the continued use of the method specified by 
Appendix G to 10 CFR part 50, to develop low temperature overpressure 
protection system setpoints unnecessarily restricts the P/T operating 
window.
    The underlying purpose of Appendix G, is to protect the integrity 
of the reactor coolant pressure boundary (RCPB) in nuclear power 
plants. This is accomplished through regulations that, in part, specify 
fracture toughness requirements for ferritic materials of the RCPB. 
Pursuant to 10 CFR part 50, appendix G, it is required that P/T limits 
for the reactor coolant system (RCS) be at least as conservative as 
those obtained by applying the methodology of the ASME Code, Section 
XI, Appendix G. Current P/T limits produce operational constraints by 
limiting the P/T range available to the operator to heat up or cool 
down the plant. The operating window through which the operator heats 
up and cools down the RCS becomes more restrictive with continued 
reactor vessel service. Reducing this operating window could 
potentially have an adverse safety impact by increasing the possibility 
of inadvertent low temperature overpressure protection system actuation 
due to pressure surges associated with normal plant evolutions, such as 
reactor coolant pump start and swapping operating charging pumps with 
the RCS in a water-solid condition. P/T limits for an increased service 
period of operation of 34 effective full-power years for McGuire, Unit 
Nos. 1 and 2, based on ASME Code, Section XI, Appendix G requirements, 
would significantly restrict the ability to perform plant heatup and 
cooldown, and would create an unnecessary burden to plant operations, 
and challenge control of plant evolutions required with the Over 
Pressure Protection feature enabled. Continued operation of McGuire, 
Unit Nos. 1 and 2, with P/T curves developed to satisfy ASME Code, 
Section XI, Appendix G, requirements without the relief provided by 
ASME Code Case N-641 would unnecessarily restrict the P/T operating 
window, especially at low temperature conditions. Use of the 
KIC curve in determining the lower bound fracture toughness 
of RPV steels is more technically correct than use of the 
KIA curve, since the rate of loading during a heatup or 
cooldown is slow and is more representative of a static condition than 
a dynamic condition. The KIC curve appropriately implements 
the use of static initiation fracture toughness behavior to evaluate 
the controlled heatup and cooldown process of a reactor vessel. The 
staff has required use of the conservatism of the KIA curve 
since 1974, when the curve was adopted by the ASME Code. This 
conservatism was initially necessary due to the limited knowledge of 
the fracture

[[Page 31736]]

toughness of RPV materials at that time. Since 1974, additional 
knowledge has been gained about RPV materials, which demonstrates that 
the lower bound on fracture toughness provided by the KIA 
curve greatly exceeds the margin of safety required, and that the 
KIC curve is sufficiently conservative to protect the public 
health and safety from potential RPV failure. Application of ASME Code 
Case N-641 will provide results that are sufficiently conservative to 
ensure the integrity of the RCPB, while providing P/T curves and low 
temperature overpressure protection system setpoints that are not 
overly restrictive. Implementation of the proposed P/T curves and low 
temperature overpressure protection system setpoints, as allowed by 
ASME Code Case N-641, does not significantly reduce the margin of 
safety.
    In the associated exemption, the NRC staff has determined that, 
pursuant to 10 CFR part 50, Section 50.12(a)(2)(ii), the underlying 
purpose of the regulation will continue to be served by the 
implementation of ASME Code Case N-641.

Environmental Impacts of the Proposed Action

    The NRC has completed its evaluation of the proposed action and 
concludes that there are no significant environmental impacts 
associated with the use of the alternative analysis method to support 
the revision of the RCS P/T limits.
    The proposed action will not significantly increase the probability 
or consequences of accidents, no changes are being made in the types of 
effluents that may be released off site, and there is no significant 
increase in occupational or public radiation exposure. Therefore, there 
are no significant radiological environmental impacts associated with 
the proposed action.
    With regard to potential nonradiological impacts, the proposed 
action does not have a potential to affect any historic sites. It does 
not affect nonradiological plant effluents and has no other 
environmental impact. Therefore, there are no significant 
nonradiological environmental impacts associated with the proposed 
action.
    Accordingly, the NRC concludes that there are no significant 
environmental impacts associated with the proposed action.

Environmental Impacts of the Alternatives to the Proposed Action

    As an alternative to the proposed action, the staff considered 
denial of the proposed action (i.e., the ``no-action'' alternative). 
Denial of the application would result in no change in current 
environmental impacts. The environmental impacts of the proposed action 
and the alternative action are similar.

Alternative Use of Resources

    The action does not involve the use of any resources not previously 
considered in NUREG-0063, ``Final Environmental Statement Related to 
the Operation of William B. McGuire Nuclear Station, Units 1 and 2,'' 
April 1976 and the Addendum to NUREG-0063 issued in January 1981.

Agencies and Persons Consulted

    In accordance with its stated policy, on May 19, 2003, the staff 
consulted with the North Carolina State official, Mr. Johnny James of 
the Division of Environmental Health, Radiation Protection Section, 
North Carolina Department of Environment and Natural Resources, 
regarding the environmental impact of the proposed amendments. The 
State official had no comments.

Finding of No Significant Impact

    On the basis of the environmental assessment, the NRC concludes 
that the proposed action will not have a significant effect on the 
quality of the human environment. Accordingly, the NRC has determined 
not to prepare an environmental impact statement for the proposed 
action.
    For further details with respect to the proposed action, see the 
licensee's letter dated December 12, 2002, as supplemented by letters 
dated March 27 and April 23, 2003. Documents may be examined, and/or 
copied for a fee, a the NRC's Public Document Room (PDR), located at 
One White Flint North, Public File Area O1 F21, 11555 Rockville Pike 
(first floor), Rockville, Maryland. Publicly available records will be 
accessible electronically from the Agencywide Documents Access and 
Management System (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 or 301-415-4737, or by 
e-mail to [email protected].

    Dated at Rockville, Maryland, this 21st day of May 2003.

    For the Nuclear Regulatory Commission.
John A. Nakoski,
Chief, Section 1, Project Directorate II, Division of Licensing Project 
Management, Office of Nuclear Reactor Regulation.
[FR Doc. 03-13218 Filed 5-27-03; 8:45 am]
BILLING CODE 7590-01-P