[Federal Register Volume 69, Number 249 (Wednesday, December 29, 2004)]
[Notices]
[Pages 78056-78058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-28457]



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NUCLEAR REGULATORY COMMISSION

Calvert Cliffs Nuclear Power Plant, Unit Nos. 1 and 2

[Docket Nos. 50-317 and 50-318]


Notice of Consideration of Issuance of Amendments to Renewed 
Facility Operating Licenses, 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 
Licenses No. DPR-53 and No. DPR-69, issued to Calvert Cliffs Nuclear 
Power Plant, Inc. (the licensee), for operation of the Calvert Cliffs 
Nuclear Power Plant, Unit Nos. 1 and 2, located in Lusby, MD.
    The proposed amendments would add references to the list of 
approved core operating limits analytical methods in Technical 
Specification 5.6.5.b for Calvert Cliffs Unit Nos. 1 and 2.
    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) involved 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) involved 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 not significant hazards consideration, which is presented below:

    1. Operation of the facility in accordance with the proposed 
amendment[s] would not involve a significant increase in the 
probability or consequences of an accident previously evaluated.
    The proposed amendment[s] adds references to Technical 
Specification 5.6.5.b. This Technical Specification lists methods 
that are used to determine core operating limits. These proposed 
additional references will allow the use of the Westinghouse nuclear 
physics codes and a burnable neutron absorber material at Calvert 
Cliffs Nuclear Power Plant.
    The proposed additional references will allow the use of the 
Westinghouse nuclear physics codes PARAGON, PHOENIX-P, and ANC. 
These Westinghouse codes will be used for the design of reload cores 
and for safety evaluation of reload cores. Benchmarking has shown 
that results from these nuclear physics codes are essentially the 
same as those obtained from the current DIT/ROCS code systems. These 
codes will not increase the probability or consequences of an 
accident because plant systems will not be operated outside of 
design limits, no different equipment will be operated, and system 
interfaces will not change.
    The use of these computer codes will not increase the 
consequences of an accident because Limiting Conditions for 
Operation (LCOs) will continue to restrict operation to within the 
regions that provides acceptable results, and Reactor Protective 
System (RPS) trip setpoints will restrict plant transients so that 
the consequences of accidents will be acceptable. Also, the 
consequences of the accidents will be calculated using NRC accepted 
methodologies.
    These proposed additional references to Technical Specification 
5.6.5.b will allow the use of the burnable neutron absorber material 
Zirconium Diboride. Zirconium Diboride absorbs neutrons, which 
reduces the thermal flux and power in the region with the Zirconium 
Diboride. Neutron absorption by Zirconium Diboride produces helium 
gas that is released into the fuel rod plenum. The effect of this 
helium production is taken into account in the fuel design and 
safety evaluations using codes reviewed and approved by the Nuclear 
Regulatory Commission.
    Implementation of Zirconium Diboride may result in the peak most 
positive moderator temperature coefficient occurring after beginning 
of cycle. The core burnup characteristic is well understood as a 
result of extensive industry experience. Positive moderator 
temperature coefficient at the beginning of cycle is also within 
operational experience at Calvert Cliffs and as such, do not 
represent a significant change in the operation of the plant.
    The proposed additional Technical Specification references are 
not accident initiators. The assumed accident initiators are not 
changed by the introduction of proposed additional Technical 
Specification references. Therefore, operation of the facility in 
accordance with the proposed amendment[s] will not involve a 
significant increase in the probability of an accident previously 
evaluated.
    The use of the proposed methods will not significantly impact 
the fission product inventory and transport assumptions in the 
current licensing basis analyses. Therefore, the radiological 
consequences of an accident previously evaluated will not increase.
    The use of the proposed methods will not increase the 
consequences of an accident because Limiting Conditions for 
Operation will continue to restrict operation to within the regions 
that provide acceptable results, and Reactor Protective system trip 
setpoints will restrict plant transients so that the consequences of 
accidents will not exceed the safety analysis acceptance criteria.
    Therefore, the proposed Technical Specification changes do not 
involve a significant increase in the probability or consequences of 
an accident previously evaluated.
    2. Operation of the facility in accordance with the proposed 
amendment[s] would not create the possibility of a new or different 
kind of accident from any accident previously evaluated.
    These proposed additional references will allow the use of the 
Westinghouse nuclear physics codes PARAGON, PHOENIX-P, and ANC. 
These codes will be used to confirm the values of selected cycle-
specific reactor physics parameter limits from the Technical 
Specifications and the Core Operating Limits Report. These codes 
will not change the physical plant or the modes of operation. 
Benchmaking has shown that results from these codes are essentially 
the same as those optioned from the current DIT/ROCS code package. 
The plant systems will not be operated outside of design limits, no 
different equipment will be operated, and system interfaces will not 
change. This code package will not create a new or different 
accident from those previously evaluated.
    The proposed amendments also add the Zirconium Diboride burnable 
absorber topical report to the Technical Specification list of the 
approved topical reports used to generate the values in the Core 
Operating Limits Report. With this burnable absorber, the plant 
systems will not operate outside of design limits, no different 
equipment will be operated, and system interfaces will not change. 
This burnable absorber will not create a new or different accident 
from those previously evaluated.
    Therefore, operation of the facility in accordance with the 
proposed amendment[s] would not create the possibility of a new or 
different kind of accident from any previously evaluated.
    3. Operation of the facility in accordance with the proposed 
amendment[s] would not involve a significant reduction in a margin 
of safety.
    Safety limits ensure that specified acceptable fuel design 
limits are not exceeded during steady state operation, normal 
operational transients, and anticipated operational occurrences. All 
fuel limits and design criteria will be met based on the approved 
methodologies defined in the topical reports. The RPS in combination 
with all LCOs, will continue to prevent any anticipated combination 
of transient conditions for Reactor Coolant System temperature, 
pressure, and thermal power level that would result in a violation 
of the safety limits.
    The reload safety analyses determine the LCOs settings and RPS 
setpoints that establish the initial conditions and trip setpoints. 
These conditions and setpoints ensure that the Design Basis Events 
(postulated accident and anticipated operational occurrences) 
analyzed in the Updated Final Safety Analysis Report produced 
acceptable results.
    The proposed amendment[s] add references to Technical 
Specification 5.6.5.b. This Technical Specification lists methods 
that are used to determine core operating

[[Page 78057]]

limits. These proposed additional references will allow the use of 
the Westinghouse computer codes, PARAGON, PHOENIX-P, and ANC, and a 
burnable neutron absorber material Zirconium Diboride at Calvert 
Cliffs Nuclear Power Plant. These references were previously 
reviewed and approved by [the] Nuclear Regulatory Commission.
    Therefore, the proposed changes will 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 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 amendments 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 proceedings, 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/petition'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 proceedings; and (4) the 
possible effect of any decision or order which may be entered in the 
proceedings on the requestor/petitioner's interest. The petition must 
also identify the specific contentions which the petitioner/requestor 
seeks to have litigated at the proceedings.
    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 basis 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 
prove, 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 
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 
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 
request involves 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

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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 an 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 an petition for leave to intervene should also be sent to James 
M. Petro, Jr., Esquire, Counsel, Constellation Energy Group, Inc., 750 
East Pratt Street, 5th floor, Baltimore, MD 21202, attorney for the 
licensee.
    For further details with request to this action, see the 
application for amendment dated July 15, 2004, 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]. (Note: Public 
access to ADAMS has been temporarily suspended so that security reviews 
of publicly available documents may be performed and potentially 
sensitive information removed. Please check the NRC Web site for 
updates of the resumption of ADAMS access.)

    Dated at Rockville, Maryland, this 21st day of December, 2004.

    For the Nuclear Regulatory Commission,
Richard V. Guzman,
Project Manager, Section 1, Project Directorate 1, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 04-28457 Filed 12-28-04; 8:45 am]
BILLING CODE 7590-01-M