[Federal Register Volume 70, Number 165 (Friday, August 26, 2005)]
[Notices]
[Pages 50424-50426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-4684]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-302]


Florida Power Corporation; 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. 
290, issued to Florida Power Corporation (the licensee, also doing 
business as Progress Energy-Florida,) for operation of the Crystal 
River Unit 3 (CR-3) Nuclear Generating Plant located in Citrus County, 
FL.
    The proposed amendment would allow the licensee to utilize a 
probabilistic methodology to determine the contribution to main 
steamline break (MSLB) leakage rates for the once-through steam 
generator (OTSG) from the tube end crack (TEC) alternate repair 
criteria (ARC) described in CR-3 Improved Technical Specification (ITS) 
5.6.2.10.2.f. This amendment revision involves a change to ITS 
5.6.2.10.2.f to incorporate the basis of the proposed probabilistic 
methodology and the method and technical justification for projecting 
the TEC leakage that may develop during the next operating cycle 
following each inservice inspection of the CR-3 OTSGs. This notice 
supercedes the previous notice dated March 15, 2005 (70 FR 12746).
    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 not involve a significant increase in the probability or 
consequences of an accident previously evaluated.
    This LAR [license amendment request] proposes to change the 
method to determine the projected MSLB leakage rates for TEC. 
Potential leakage from OTSG tubes, including leakage contribution 
from TEC, is bounded by the MSLB evaluation presented in the CR-3 
Final Safety Analysis Report (FSAR) and testing performed during the 
development of Topical Report BAW-2346P, Revision 0. The inspection 
required by the ARC will continue to be performed as required by CR-
3 ITS 5.6.2.10. This inspection provides continuous monitoring of 
tubes with TEC indications remaining in service, and ensures that 
degradation of new tubes containing TEC indications is detected. The 
proposed change in method to determine MSLB leakage rates for TEC 
and the addition of a method to project the TEC leakage that may 
develop during the next operating cycle do not change any accident 
initiators.
    2. Does not create the possibility of a new or different type of 
accident from any accident previously evaluated.
    This LAR proposes to change the method to determine the 
projected MSLB leakage rates for TEC and the addition of a method to 
project the TEC leakage that may develop during the next operating 
cycle. The changes introduce no new failure modes or accident 
scenarios. The proposed changes do not change the assumptions made 
in Topical Report BAW-2346P, Revision 0, which demonstrated 
structural and leakage integrity for all normal operating and 
accident conditions for CR-3. The addition of a method to project 
the TEC leakage provides an additional means to monitor the 
initiation of TEC. The design and operational characteristics of the 
OTSGs are not impacted by the use of a probabilistic methodology to 
determine MSLB leakage rates.
    3. Does not involve a significant reduction in the margin of 
safety.
    This LAR proposes to change the method to determine the 
projected MSLB leakage rates for TEC and the addition of a method to 
project the TEC leakage that may develop during the next operating 
cycle. The resulting leakage estimates will be lower than the 
estimates from the old method. However, the estimates from the 
proposed method will be more realistic and do not impact the 
acceptance criteria. The methodology relies on the same accident 
analyses described in Topical Report BAW-2346P, Revision 0, and 
License Amendment Request 249, Revision 0, and utilizes the 
same leakage test data and leakage limit. The CR-3 FSAR analyzed 
accident scenarios are not affected by the change and remain 
bounding. The limits established in CR-3 ITS 3.4.12 and 5.6.2.10.2.f 
have not been changed. The addition of a method to project the TEC 
leakage that may develop during the next operating cycle provides an 
additional means to monitor the initiation of TEC. Therefore, the 
proposed change does not reduce 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 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-

[[Page 50425]]

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 O1F21, 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 public document room (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 particularly the interest of the petitioner/
requestor 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 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/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.
    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 e-mail to 
[email protected]. A copy of the request for hearing and petition 
for leave to intervene should also be sent to David T. Conley, 
Associate General Counsel II--Legal Department, Progress Energy 
Services Company, LLC, Post Office Box 1551, Raleigh, North Carolina 
27602, attorney for the licensee.
    For further details with respect to this action, see the 
application for amendment dated August 12, 2005, 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://

[[Page 50426]]

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 August, 2005.

    For the Nuclear Regulatory Commission.
Brenda L. Mozafari,
Senior Project Manager, Section 2, Project Directorate II, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. E5-4684 Filed 8-25-05; 8:45 am]
BILLING CODE 7590-01-P