[Federal Register Volume 70, Number 168 (Wednesday, August 31, 2005)]
[Notices]
[Pages 51852-51853]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-4749]
[[Page 51852]]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-269, 50-270, and 50-287]
Duke Energy Corporation; Notice of Consideration of Issuance of
Amendment to Renewed 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 an amendment to Renewed Facility Operating
License No. DPR-38, DPR-47, and DPR-55, issued to Duke Energy
Corporation (the licensee) for operation of Oconee Nuclear Station,
Units 1, 2, and 3, located in Seneca, South Carolina.
The proposed amendment would revise the Technical Specifications to
accommodate replacement of the Reactor Building Emergency Sump (RBES)
suction inlet trash racks and screens with strainers in response to NRC
Generic Letter 2004-02.
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) Involve a significant increase in the probability or
consequences of an accident previously evaluated:
Duke is replacing the RBES [Reactor Building Emergency Sump]
trash racks and screens with strainers in support of the response to
Generic Letter 2004-02 on all three Oconee Units in the next
refueling outage for each Unit. A change to Technical Specification
(TS) Surveillance Requirements (SRs) 3.5.2.6 and 3.5.3.6 is needed
to reflect this change. Although the configurations of the existing
sump screen and the replacement strainer assemblies are different,
they serve the same fundamental purpose of passively removing debris
from the sump's suction supply of the supported system pumps.
Removal of trash racks does not impact the adequacy of the pump NPSH
[net positive suction head] assumed in the safety analyses.
Likewise, the change does not reduce the reliability of any
supported systems or introduce any new system interactions. A
missile evaluation of the new strainer design concluded that there
is no credible missile that could damage the strainer when needed
during a LOCA [loss-of-coolant accident]. A jet impingement
evaluation of the new strainer design concluded that there are no
credible HELB [high energy line break] jets that could damage the
strainer when needed during a LOCA. The greatly increased surface
area of the new strainer will reduce the approach velocity of the
strainer face significantly, further decreasing the risk of impact
from large debris entrained in the sump flow stream. The proposed
rewording of the SRs will continue to ensure that the reactor
building sump suction inlet is not restricted by the debris and
suction inlet strainers show no evidence of structural distress or
abnormal corrosion for Unit(s) with or without the strainer
modification complete. As such, the proposed change does not involve
a significant increase in the probability or consequences of an
accident previously evaluated.
(2) Create the possibility of a new or different kind of
accident from any kind of accident previously evaluated:
Duke is replacing the RBES trash racks and screens with
strainers in support of the response to Generic Letter 2004-02 on
all three Oconee Units in the next refueling outage for each Unit.
The RBES strainers are passive components in standby safety systems
used for accident mitigation. As such, they cannot be accident
initiators. Therefore, there is no possibility that this change
could create any accident of any kind. A change to TS SRs 3.5.2.6
and 3.5.3.6 is needed to reflect this change. These changes do not
alter the nature of events postulated in the Safety Analysis Report
nor do they introduce any unique precursor mechanisms. Therefore,
the proposed amendment will not create the possibility of a new or
different kind of accident from any accident previously evaluated.
(3) Involve a significant reduction in a margin of safety:
The proposed changes do not adversely affect any plant safety
limits, set points, or design parameters. The changes also do not
adversely affect the fuel, fuel cladding, Reactor Coolant System
(RCS), or containment integrity. Therefore, the proposed TS change,
which revises the terminology associated with TS SRs, 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 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
[[Page 51853]]
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 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. Lisa F. Vaughn, Duke
Energy Corporation, 422 S. Church Street, Mail Code--PB05E, Charlotte,
NC 28201-1006, attorney for the licensee.
For further details with respect to this action, see the
application for amendment dated [date], 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 23rd day of August, 2005.
For the Nuclear Regulatory Commission.
Leonard N. Olshan,
Project Manager, Section 1, Project Directorate II, Division of
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. E5-4749 Filed 8-30-05; 8:45 am]
BILLING CODE 7590-01-P