[Federal Register Volume 70, Number 185 (Monday, September 26, 2005)]
[Notices]
[Pages 56191-56193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19236]
[[Page 56191]]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-445]
TXU Generation Company LP; Comanche Peak Steam Electric Station,
Unit 1; Notice of Consideration of Issuance of Amendment to Facility
Operating License No. NPF-87 Proposed No Significant Hazards
Consideration Determination, and Opportunity for a Hearing
The U.S. Nuclear Regulatory Commission (the Commission) is
considering issuance of amendment to Facility Operating License No.
NPF-87, issued to TXU Generation Company LP (the licensee), for
operation of the Comanche Peak Steam Electric Station (CPSES), Unit 1,
located in Somervell County, Texas.
The proposed amendment would revise Technical Specification (TS)
5.6.5, ``Core Operating Limits Report (COLR),'' by adding topical
report WCAP-13060-P-A, ``Westinghouse Fuel Assembly Reconstitution
Evaluation Methodology,'' to the list of NRC approved methodologies to
be used at CPSES, Unit 1.
By application dated April 27, 2005, as supplemented by letter
dated July 20, 2005, the licensee requested the approval of the
proposed amendment by October 8, 2005. The approval of the proposed
amendment is needed to permit the licensee to use the reconstitution
method of fuel assembly repair at CPSES Unit 1. The NRC staff
inadvertently did not publish a Federal Register notice of
Consideration of Issuance of Amendments to Facility Operating Licenses,
and Proposed No Significant Hazards Consideration Determination, in
time to permit a 30 days period for prior public comment as required by
Section 50.91 of Title 10 of the Code of Federal Regulations (10 CFR).
The Commission finds that exigent circumstances exist, in that the
licensee and the Commission must act quickly and that time does not
permit the Commission to publish a Federal Register notice allowing 30
days for prior public comment, and it also determines that the
amendment involves no significant hazards.
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 10 CFR 50.91(a)(6) 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. Do the proposed changes involve a significant increase in the
probability or consequences of an accident previously evaluated?
Response: No.
The proposed change is administrative in nature and as such does
not impact the condition or performance of any plant structure, system
or component. The core operating limits are established to support
Technical Specifications 3.1, 3.2, 3.3, 3.4, and 3.9. The core
operating limits ensure that fuel design limits are not exceeded during
any conditions of normal operation or in the event of any Anticipated
Operational Occurrence (AOO). The methods used to determine the core
operating limits for each operating cycle are based on methods
previously found acceptable by the NRC and listed in TS section
5.6.5.b. Application of these approved methods will continue to ensure
that acceptable operating limits are established to protect the fuel
cladding integrity during normal operation and AOOs. The requested
Technical Specification change does not involve any plant modifications
or operational changes that could affect system reliability,
performance, or possibility of operator error. The requested change
does not affect any postulated accident precursors, does not affect any
accident mitigation systems, and does not introduce any new accident
initiation mechanisms.
As a result, the proposed change to the CPSES Technical
Specifications does not involve any increase in the probability or the
consequences of any accident or malfunction of equipment important to
safety previously evaluated since neither accident probabilities nor
consequences are being affected by this proposed administrative change.
2. Do the proposed changes create the possibility of a new or
different kind of accident from any accident previously evaluated?
Response: No.
The proposed change is administrative in nature, and therefore does
not involve any change in station operation or physical modifications
to the plant. In addition, no changes are being made in the methods
used to respond to plant transients that have been previously analyzed.
No changes are being made to plant parameters within which the plant is
normally operated or in the setpoints, which initiate protective or
mitigative actions, and no new failure modes are being introduced.
Therefore, the proposed administrative change to the CPSES
Technical Specifications does not create the possibility of a new or
different kind of accident or malfunction of equipment important to
safety from any accident previously evaluated.
3. Do the proposed changes involve a significant reduction in a
margin of safety?
Response: No.
The proposed change is administrative in nature and does not impact
station operation or any plant structure, system or component that is
relied upon for accident mitigation. Furthermore, the margin of safety
assumed in the plant safety analysis is not affected in any way by the
proposed administrative change.
Therefore, the proposed change to the CPSES Technical
Specifications does not involve any reduction in a 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. 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
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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 and Issuance of Orders'' 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 amendments 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.
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 George L. Edgar, Esq.,
Morgan, Lewis and Bockius, 1800 M Street, NW., Washington, DC 20036,
attorney for the licensee.
For further details with respect to this action, see the
application for amendments dated April 27, 2005, and supplement dated
July 20, 2005, which are 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/
[[Page 56193]]
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 21st day of September 2005.
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. 05-19236 Filed 9-23-05; 8:45 am]
BILLING CODE 7590-01-P