[Federal Register Volume 68, Number 222 (Tuesday, November 18, 2003)]
[Notices]
[Pages 65090-65092]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-28751]



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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-413, 50-414, 50-369 and 50-370]


Duke Energy Corporation, et al., Catawba Nuclear Station, Units 1 
and 2, McGuire Nuclear Station, Units 1 and 2; 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 Nos. 
NPF-9 and NPF-17, issued to Duke Power Company (the licensee), for 
operation of the McGuire Nuclear Station (McGuire), Units 1 and 2, 
located in Mecklenburg County, North Carolina and to Facility Operating 
License Nos. NPF-35 and NPF-52, issued to Duke Power Company, et al, 
(the licensee), for operation of the Catawba Nuclear Station (CNS), 
Units 1 and 2, located in York County, South Carolina.
    The proposed amendments, requested by the licensee in a letter 
dated March 24, 2003, as supplemented by letters dated June 25, 2003, 
and October 15, 2003, would revise the Technical Specifications (TSs) 
to relocate reactor coolant system cycle specific parameter limits from 
the TS to the core operating limits reports for the Catawba and the 
McGuire Nuclear Stations. The proposed amendments would also revise the 
required minimum measured reactor coolant system flow rate from 390,000 
gallons per minute (gpm) to 388,000 gpm for McGuire, Units 1 and 2 and 
Catawba, Unit 1. Associated changes have also been proposed for the TS 
Bases section.
    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 amendment 
request involves no significant hazards consideration. Under the 
Commission's regulations in Title 10 of the Code of Federal Regulations 
(10 CFR), Section 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.

    As required by 10 CFR 50.91(a)(1), this analysis is provided to 
demonstrate that the proposed license amendment does not involve a 
significant hazard.
    Conformance of the proposed amendment to the standards for a 
determination of no significant hazards, as defined in 10 CFR 50.92, 
is shown in the following:
    (1) Does the proposed license amendment involve a significant 
increase in the probability or consequences of an accident 
previously evaluated?
    No. The reduction in McGuire Units 1 and 2, and Catawba Unit 1 
[reactor coolant system] RCS minimum measured flow (MMF) from 
390,000 gpm [gallons per minute] to 388,000 gpm will not change the 
probability of actuation of any Engineering Safeguard Feature or any 
other device. The consequences of previously analyzed accidents have 
been found to be insignificantly different when this reduced flow 
rate is assumed. The system transient response is not affected by 
the initial RCS flow assumption unless the initial assumption is so 
low as to impair the steady-state core cooling capability or the 
steam generator heat transfer capability. This is clearly not the 
case with a 0.5% reduction in RCS flow.
    The relocation of Reactor Coolant System (RCS) related cycle-
specific parameter limits from the Technical Specifications (TS) to 
the Core Operating Limits Reports (COLR) proposed by this amendment 
request does not result in the alteration of the design, material, 
or construction standards that were applicable prior to the change. 
The proposed change will not result in the modification of any 
system interface that would increase the likelihood of an accident 
since these events are independent of the proposed change. The 
proposed amendment will not change, degrade, or prevent actions, or 
alter any assumptions previously made in evaluating the radiological 
consequences of an accident described in the UFSAR. Therefore, the 
proposed amendment does not result in the increase in the 
probability or consequences of an accident previously evaluated.
    (2) Does the proposed change create the possibility of a new or 
different kind of accident from any accident previously evaluated?
    No. This change does not create the possibility of a new or 
different kind of accident from any accident previously evaluated. 
No new accident causal mechanisms are created as a result of NRC 
approval of this amendment request. No changes are being made to the 
facility which should introduce any new accident causal mechanisms. 
This amendment request does not impact any plant systems that are 
accident initiators.
    (3) Does the proposed change involve a significant reduction in 
margin of safety?
    No. Implementation of this amendment would not involve a 
significant reduction in the margin of safety. The decrease in 
McGuire Units 1 and 2, and Catawba Unit 1 RCS MMF has been analyzed 
and found to have an insignificant effect on the applicable 
transient analyses found in the UFSAR. Previously approved 
methodologies will continue to be used in the determination of 
cycle-specific core operating limits appearing in the COLRs. 
Additionally, the RCS minimum total flow rates for McGuire and 
Catawba are retained in their respective TS so as to assure that 
lower flow rates will not be used without prior NRC approval. 
Consequently, no safety margins will be impacted.
    Based on the above, it is concluded that the proposed license 
amendment request does not result in a reduction in margin with 
respect to plant 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 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 amendment 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 amendment before the expiration of 
the 30-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 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. Documents may 
be examined, and/or

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copied for a fee, at the NRC's Public Document Room, located at One 
White Flint North, Public File Area O1 F21, 11555 Rockville Pike (first 
floor), Rockville, Maryland.
    The filing of requests for hearing and petitions for leave to 
intervene is discussed below.
    By December 18, 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, which is 
available at the Commission's Public Document Room, located at One 
White Flint North, 11555 Rockville Pike (first floor), Rockville, 
Maryland, or electronically on the Internet at the NRC Web site http://www.nrc.gov/reading-rm/doc-collections/cfr/. If there are problems in 
accessing the document, contact the Public Document Room Reference 
staff at 1-800-397-4209, 301-415-4737, or by e-mail to [email protected]. 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 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 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 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 (PDR), located at One White Flint North, Public File Area 
O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland, by the 
above date. Because of the 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 
petition for leave to intervene and request for hearing 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 Ms. Lisa F. Vaughn, Legal Department (ECIIX), 
Duke Energy Corporation, 422 South Church Street, Charlotte, North 
Carolina 28201-1006, 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 March 24, 2003, as supplemented by 
letters dated June 25, 2003, and October 15, 2003, which is available 
for public inspection at the Commission's PDR, located at One White 
Flint North, File Public Area O1 F21, 11555 Rockville Pike (first 
floor), Rockville, Maryland. Publicly available records will be 
accessible 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

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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 6th day of November, 2003.

    For the Nuclear Regulatory Commission.
Robert E. Martin, Sr.
Project Manager, Section 1, Project Directorate II, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 03-28751 Filed 11-17-03; 8:45 am]
BILLING CODE 7590-01-P