[Federal Register Volume 69, Number 193 (Wednesday, October 6, 2004)]
[Notices]
[Pages 59969-59971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22402]
[[Page 59969]]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-499]
STP Nuclear Operating 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 (NRC, the Commission) is
considering issuance of an amendment to Facility Operating License No.
NPF-80, issued to STP Nuclear Operating Company (the licensee), for
operation of South Texas Project (STP), Unit 2 located in Matagorda
County, Texas.
The proposed amendment would change Technical Specification 4.4.4.2
to not require block valve testing should the block valve be required
to be closed in accordance with the required actions of the associated
limiting condition for operation.
Elevated temperatures were observed on the pressurizer discharge
header due to minor power operated relief valve (PORV) 655A leakage
during startup from 2RE10. Following valve reseating attempts,
temperatures were elevated (compared to historical values), but
remained below the alarm setpoint. When the alarm setpoint was reached
on September 7, 2004, the PORV block valves were closed in accordance
with plant procedures and troubleshooting efforts were initiated to
determine the cause. Subsequent testing and investigation confirmed
that PORV 655A was leaking-by, and as a result of the leak-by PORV 655A
momentarily lifted when its associated block valve was re-opened. It
should be noted that due to the PORV design (pilot-assisted) and the
fact that the PORV leak-by had allowed the piping between the block
valve and the PORV to depressurize during the troubleshooting time
period, the momentary lift of the PORV was not an unexpected
occurrence. Further engineering evaluation was initiated to determine
whether PORV 655A continued to remain Operable. This engineering
analysis concluded that PORV 655A was operable, however if the PORV
block valve were to remain open and the PORV to continue to leak-by,
the resulting elevated temperatures would degrade the Equipment
Qualification of the PORVs solenoid and switch cover gaskets before the
projected end of the current Unit 2 operating cycle. Therefore, the
decision was made on September 9, 2004, to declare PORV 655A inoperable
due to excessive seat leakage, and to close the associated block valve
in accordance with TS 3.4.4 Action a.
The quarterly surveillance test for the PORV 655A block valve,
performed in accordance with SR 4.4.4.2, requires operating the block
valve through one complete cycle of full travel. Because PORV 655A is a
pilot-assisted valve, it is expected that the PORV will lift
momentarily during the block valve stroke. Although the PORV is
expected to reseat, performance of this surveillance represents an
unnecessary challenge to the RCS pressure boundary. The SR 4.4.4.2
surveillance test for the PORV 655A block valve is due to be performed
on September 28, 2004, and the associated grace period expires on
October 21, 2004.
Entry into the required action of TS 3.4.4 could not have been
reasonably foreseen or anticipated. Therefore, STPNOC requests approval
of this license amendment application on an exigent basis by October
21, 2004 (the block valve surveillance due date, including grace
period) in order to avoid unnecessary operation of the PORV.
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 50.91(a)(6) of Title 10 of the Code of Federal
Regulations (10 CFR) 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:
1. Does the proposed change involve a significant increase in
the probability or consequences of an accident previously evaluated?
Response: No.
The block valve for the pressurizer power operated relief valve
is not a potential accident initiator. Therefore, not requiring a
surveillance of the block valve while it is being used to isolate
its associated power operated relief valve will not increase the
probability of an accident previously evaluated. Not requiring the
surveillance of the block valve may slightly reduce the probability
of a loss of coolant accident from a stuck open power operated
relief valve since it will eliminate the challenge to the power
operated relief valve from the pressure transient that results from
cycling the block valve.
If pressurizer spray is not available or is not effective,
either one of the two pressurizer power operated relief valves may
be manually actuated to depressurize the reactor coolant system to
mitigate the consequences of a steam generator tube rupture. Not
performing the surveillance on the block valve is not relevant to
the primary system for depressurizing the reactor coolant system
(pressurizer spray). The block valves have been demonstrated by
operating experience to be reliable and are also subject to the
motor-operated valve testing program. Consequently, the proposed
change does not significantly reduce the confidence that the block
valve can be opened to permit manual actuation of the power operated
relief valve to depressurize the reactor coolant system to mitigate
an accident. Therefore, the proposed change does not involve a
significant increase in the consequences of an accident previously
evaluated.
2. Does the proposed change create the possibility of a new or
different accident from any accident previously evaluated?
Response: No.
The proposed change only affects the performance of the
surveillance test for the block valve and does not introduce any
operating configurations not previously evaluated.
Therefore, the STPNOC concludes the proposed change does not
create the possibility of a new or different kind of accident from
any accident previously evaluated.
3. Does the proposed change involve a significant reduction in a
margin of safety?
Response: No.
The proposed change to the surveillance requirement for the
block valve for the pressurizer power operated relief valve does not
affect the assumptions in any accident analyses. There are no
changes in plant performance parameters associated with the proposed
change to the surveillance requirement for the block valve.
Therefore, the STPNOC concludes the proposed change does 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.
[[Page 59970]]
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, 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/requestor is aware and on
which the petitioner/requestor intends to rely to establish those facts
or expert opinion. The petitioner/requestor 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/
requestor 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
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.
Non-timely 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 e-mail to
[email protected]. A copy of the request for hearing and petition
for leave to intervene should also be sent to Mr. John E. Matthews,
Morgan, Lewis & Bokius, LLP, 1111 Pennsylvania Avenue, NW., Washington,
DC 20004, attorney for the licensee.
[[Page 59971]]
For further details with respect to this action, see the
application for amendment dated September 30, 2004, 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 (first
floor), Rockville, Maryland. Publicly available records will be
accessible electronically from the ADAMS Public Electronic Reading Room
on the Internet at the NRC Web site http://www.nrc.gov/reading-rm.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 30th day of September 2004.
For the Nuclear Regulatory Commission.
Mohan C. Thadani,
Senior Project Manager, Section 1, Project Directorate IV, Division of
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 04-22402 Filed 10-5-04; 8:45 am]
BILLING CODE 7590-01-P