[Federal Register Volume 70, Number 149 (Thursday, August 4, 2005)]
[Notices]
[Pages 44946-44948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-4143]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-413 and 50-414]


Duke Energy Corporation, et al.; Catawba Nuclear Station, Units 1 
and 2; Notice of Consideration of Issuance of Amendment to Renewed 
Facility Operating Licenses, Proposed No Significant Hazards 
Consideration Determination, and Opportunity for a Hearing

    The U.S. Nuclear Regulatory Commission (NRC or the Commission) is 
considering issuance of amendments to Renewed Facility Operating 
License Nos. NPF-35 and NPF-52 issued to Duke Energy Corporation (the 
licensee) for operation of the Catawba Nuclear Station, Units 1 and 2, 
located in York County, South Carolina.
    The proposed amendment would revise the Technical Specification 
3.7.9, ``Standby Nuclear Service Water Pond (SNSWP),'' temperature 
limit from 91.5 [deg]F to 95 [deg]F.
    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.
    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:

    1. Does operation of the facility in accordance with the 
proposed amendment involve a significant increase in the probability 
or consequences of an accident previously evaluated?
    No.
    This license amendment request proposes a change to the SNSWP 
[Standby Nuclear Service Water Pond] TS [Technical Specification] 
requirement for maximum temperature. The SNSWP is the safety related 
ultimate heat sink utilized by the NSWS [Nuclear Service Water 
System]. Neither the NSWS nor the SNSWP is capable of initiating an 
accident. Therefore, the probability of initiation of any accident 
cannot be affected. The technical evaluation provided in support of 
this amendment request demonstrated that with a maximum allowable 
SNSWP temperature of 95 [deg]F as specified in SR 3.7.9.2, the 
environmental qualification limit for applicable safety related 
equipment is not reached and the peak containment pressure remains 
below the TS limit. This amendment request does not involve any 
change to previously analyzed dose analysis results. The accident of 
interest from a dose perspective is the Main Steam Line Break 
Accident. The dose release path during this accident is via steaming 
of the Reactor Coolant System through the steam generator power 
operated relief valves. The results of this accident have been 
reviewed with the revised SNSWP temperature limit and it has been 
determined that the Reactor Coolant System cooldown is terminated 
early enough such that the dose analysis results are not adversely 
impacted. Therefore, there is no increase in any accident 
consequences.
    2. Does operation of the facility in accordance with the 
proposed amendment create the possibility of a new or different kind 
of accident from any accident previously evaluated?
    No.
    This proposed amendment does not involve addition, removal, or 
modification of any plant system, structure, or component. This 
change will not affect the operation of

[[Page 44947]]

any plant system, structure, or components as directed in plant 
procedures. Operation of the facility in accordance with this 
amendment does not create the possibility of a new or different kind 
of accident from any accident previously evaluated.
    3. Does operation of the facility in accordance with the 
proposed amendment involve a significant reduction in the margin of 
safety?
    No.
    Margin of safety is related to confidence in the ability of the 
fission product barriers to perform their design functions following 
any of their design basis accidents. These barriers include the fuel 
cladding, the Reactor Coolant System, and the containment. The 
proposed changes have no impact on fuel cladding performance. In 
addition, Reactor Coolant System performance (as determined by its 
impact on dose analysis results) continues to be acceptable as 
indicated above. Finally, containment performance (as determined by 
calculated containment peak pressure) remains acceptable. Therefore, 
the performance of these fission product barriers either during 
normal plant operations or following an accident will not be 
affected by the changes associated with this license amendment 
request. In addition, the operation of the NSWS and the SNSWP either 
during normal plant operations or following an accident will not be 
adversely impacted by implementation of the proposed amendment.

    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 60 days after the date of publication of this notice. The 
Commission may issue the license amendment before expiration of the 60-
day period provided that its final determination is that the amendment 
involves no significant hazards consideration. In addition, the 
Commission may issue the amendment 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 
(PDR), 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 
O1F21, 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 requestors/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 
amendment 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 
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

[[Page 44948]]

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.
    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(c)(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 Ms. Anne Cottingham, 
Esquire, Winston and Strawn LLP, 1700 K Street, NW, Washington, DC 
20006, attorney for the licensee.
    For further details with respect to this action, see the 
application for amendment dated July 25, 2005, 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 29th day of July 2005.

    For the Nuclear Regulatory Commission.
Sean E. Peters,
Project Manager, Section 1, Project Directorate II, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. E5-4143 Filed 8-3-05; 8:45 am]
BILLING CODE 7590-01-P