[Federal Register Volume 69, Number 187 (Tuesday, September 28, 2004)]
[Notices]
[Pages 57975-57977]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-21652]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-335 and 50-389]


Florida Power and Light Company; Notice of Consideration of 
Issuance of Amendments 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 amendments to Renewed Facility Operating 
License Nos. DPR-67 and NPF-16 issued to Florida Power and Light 
Company for operation of the St. Lucie Plant, Unit Nos. 1 and 2, 
located in St. Lucie County, Florida.
    The proposed amendments would allow the licensee to revise the St. 
Lucie Units 1 and 2 Technical Specifications to eliminate certain 
pressure sensor response time testing (RTT) requirements, as discussed 
in the Combustion Engineering Owners Group (CEOG) Topical Report NPSD-
1167, Revision 2, ``Elimination of Pressure Sensor Response Time 
Testing Requirements,'' which was approved by the NRC staff by letters 
dated July 24, 2000, and December 5, 2000. Specifically, these 
amendments revise the St. Lucie Units 1 and 2 Technical Specification 
Definitions 1.12, ``Engineered Safety Features Response Time,'' and 
1.26, ``Reactor Protection System Response Time.''
    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 
requests involve 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 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:

    1. Operation of the facility in accordance with the proposed 
amendments would not involve a significant increase in the 
probability or consequences of an accident previously evaluated.
    The proposed changes allow the elimination of pressure sensor 
response time testing. Response time testing is not an initiator of 
any accident previously evaluated. Consequently, the probability of 
an accident previously evaluated is not significantly increased. The 
allocated pressure sensor response times allowed in lieu of 
measurement have been determined to adequately represent the 
response time of the components such that the safety systems 
utilizing those components will continue to perform their accident 
mitigation function as assumed in the safety analysis. Therefore, 
the consequences of an accident previously evaluated are not 
significantly increased by this change. Therefore, this change does 
not

[[Page 57976]]

involve a significant increase in the probability or consequences of 
an accident previously evaluated.
    2. 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 accident previously evaluated.
    The proposed changes allow the elimination of pressure sensor 
response time testing. The proposed change does not involve a 
physical alteration of the plant (no new or different type of 
equipment will be installed) or a change in the methods governing 
normal plant operation. Thus, this change does not create the 
possibility of a new or different kind of accident from any accident 
previously evaluated.
    3. Operation of the facility in accordance with the proposed 
amendments would not involve a significant reduction in a margin of 
safety.
    The proposed change allows the elimination of pressure sensor 
response time testing. EPRI [Energy Power Research Institute] Report 
NP-7243, ``Investigation of Response Time Testing Requirements,'' 
and CEOG Topical Report NPSD-1167, ``Elimination of Pressure Sensor 
Response Time Testing Requirements,'' demonstrate that elimination 
of RTT does not adversely affect the ability to monitor instrument 
performance and capability to meet design basis requirements. The 
proposed change also allows the use of allocated response times for 
certain pressure sensors in lieu of measurement of those response 
times. These EPRI and CEOG Reports also determined that allocated 
response times may be used with no reduction in the margin of safety 
provided by the safety systems supported by those pressure sensors. 
Therefore, this change does not involve a significant reduction in a 
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 requests 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 60 days after the date of publication of this notice. The 
Commission may issue the license amendments before expiration of the 
60-day period provided that its final determination is that the 
amendments involve no significant hazards consideration. In addition, 
the Commission may issue the amendments prior to the expiration of the 
30-day comment period should circumstances change during the 30-day 
comment period such that failure to act in a timely way would result, 
for example in derating or shutdown of the facility. Should the 
Commission take action prior to the expiration of either the comment 
period or the notice period, it will publish in the Federal Register a 
notice of issuance. Should the Commission make a final No Significant 
Hazards Consideration Determination, any hearing will take place 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 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.
    Within 60 days after the date of publication of this notice, 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 2.309, which is available at the 
Commission's PDR, located at One White Flint North, Public File Area 
01F21, 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/doc-collections/cfr/. If a request for a hearing or petition 
for leave to intervene is filed by the above date, the Commission or a 
presiding officer designated by the Commission or by the Chief 
Administrative Judge of the Atomic Safety and Licensing Board Panel, 
will rule on the request and/or petition; and the Secretary or the 
Chief Administrative Judge of the Atomic Safety and Licensing Board 
will issue a notice of a hearing or an appropriate order.
    As required by 10 CFR 2.309, 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 general requirements: (1) The name, address and telephone 
number of the requestor or petitioner; (2) the nature of the 
requestor's/petitioner's right under the Act to be made a party to the 
proceeding; (3) the nature and extent of the requestor's/petitioner's 
property, financial, or other interest in the proceeding; and (4) the 
possible effect of any decision or order which may be entered in the 
proceeding on the requestor's/petitioner's interest. The petition must 
also identify the specific contentions which the petitioner/requestor 
seeks to have litigated at the proceeding.
    Each contention must consist of a specific statement of the issue 
of law or fact to be raised or controverted. In addition, the 
petitioner/requestor shall provide a brief explanation of the bases for 
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/requestor 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. 
The petition must include 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/requestor 
who fails to satisfy 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.
    If a hearing is requested, the Commission will make a final

[[Page 57977]]

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 requests involve no 
significant hazards consideration, the Commission may issue the 
amendments and make it 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 amendment 
requests involve a significant hazards consideration, any hearing held 
would take place before the issuance of any amendments.
    Nontimely requests and/or petitions and contentions will not be 
entertained absent a determination by the Commission or the presiding 
officer of the Atomic Safety and Licensing Board that the petition, 
request and/or the contentions should be granted based on a balancing 
of the factors specified in 10 CFR 2.309(a)(1)(i)-(viii).
    A request for a hearing or a petition for leave to intervene must 
be filed by: (1) First class mail addressed to the Office of the 
Secretary of the Commission, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, Attention: Rulemaking and Adjudications 
Staff; (2) courier, express mail, and expedited delivery services: 
Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland, 20852, Attention: Rulemaking and 
Adjudications Staff; (3) E-mail addressed to the Office of the 
Secretary, U.S. Nuclear Regulatory Commission, [email protected]; 
or (4) facsimile transmission addressed to the Office of the Secretary, 
U.S. Nuclear Regulatory Commission, Washington, DC, Attention: 
Rulemakings and Adjudications Staff at (301) 415-1101, verification 
number is (301) 415-1966. 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 it is requested that copies be transmitted either by 
means of facsimile transmission to 301-415-3725 or by email 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.
    For further details with respect to this action, see the 
application for amendments dated November 21, 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 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 22nd day of September 2004.

    For the Nuclear Regulatory Commission.
Brendan T. Moroney,
Project Manager, Section 2, Project Directorate II, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 04-21652 Filed 9-27-04; 8:45 am]
BILLING CODE 7590-01-P