[Federal Register Volume 71, Number 40 (Wednesday, March 1, 2006)]
[Notices]
[Pages 10566-10568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-2856]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-389]


Florida Power and Light Company, et al.; Notice of Consideration 
of Issuance of Amendment to Facility Renewed Operating Licenses, 
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 Renewed Operating 
License No. NPF-16, issued to Florida Power and Light Company, et al. 
(the licensee), for operation of the St. Lucie Nuclear Plant, Unit No. 
2, located in St. Lucie County, Florida.
    The proposed amendment would revise the Technical Specifications 
(TSs) for the Containment Ventilation System to allow additional 
corrective actions for inoperable containment purge supply and exhaust 
valves.
    On February 14, 2006, the licensee determined, during a routine 
surveillance that measures leakage in lines penetrating containment, 
that a containment purge supply valve at St. Lucie Unit 2 was 
inoperable. The current TSs require the plant to be shut down if the 
valve cannot be restored to operable status within 24 hours. Due to the 
nature of the failure and the uniqueness of the valve, the licensee was 
unable to repair or replace the valve within the required time frame. 
Instead, a blank flange was installed in place of the inoperable valve 
and the leak integrity of the penetration was verified. This alternate 
corrective action is consistent with the standard TSs for Combustion 
Engineering plants. Following discussions with the licensee, the NRC 
staff determined that the alternate corrective action provided adequate 
safety and a Notice of Enforcement Discretion (NOED) was approved on 
February 15, 2006, to allow continued operation of St. Lucie Unit 2 
with the blank flange in place until the TSs were revised or until 
March 24, 2006, whichever occurs first. The reason for the exigency is 
to complete the processing of the proposed amendment within the time 
frame of the NOED.
    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 amendments 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) Operation of the facility in accordance with the proposed 
amendments would not involve a significant increase in the 
probability or consequences of an accident previously evaluated.
    The proposed change to the St. Lucie Unit 2 Technical 
Specifications will allow isolation of the affected penetration 
using a closed and de-activated automatic valve with resilient seals 
or a blind flange in the event that one or more containment purge 
valves are not within valve leakage limits. This action is 
consistent with the applicable required actions for Condition E of 
Specification 3.6.3 of NUREG-1432, ``Standard Technical 
Specifications Combustion Engineering Plants.'' The containment 
purge valves are part of the containment purge and/or the continuous 
purge/hydrogen purge systems. The containment purge valves are not 
accident initiators. In addition, neither the containment purge nor 
the continuous purge/hydrogen purge systems are required for safe 
shutdown of the reactor or to mitigate the consequences of a design 
basis accident. The containment purge system is designed to reduce 
the level of radioactive contamination in the containment atmosphere 
below the limits of 10 CFR 20 so as to permit personnel access to 
the containment during shutdown and refueling. The continuous purge/
hydrogen purge system is used as a not-nuclear-safety backup to the 
redundant safety-related hydrogen recombiners which maintain 
containment hydrogen concentration below 4% after a postulated 
accident.
    Use of a closed and de-activated automatic valve with resilient 
seals or a blind flange to isolate a failed penetration provides a 
barrier to the release of radioactivity for those accidents 
previously evaluated. Therefore, operation of the facility in 
accordance with the proposed amendments does 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 
amendments would not create the possibility of a new or different 
kind of accident from any accident previously evaluated.
    The containment purge valves are not accident initiators. Use of 
a closed and de-activated automatic valve with resilient seals or a 
blind flange to isolate a failed penetration does not introduce any 
new failure modes. Therefore, operation of the facility in 
accordance with the proposed amendments does not create the 
possibility of a new or different kind of accident from any accident 
previously evaluated.
    (3) Operation of the facility in accordance with the proposed 
amendments would not involve a significant reduction in a margin of 
safety.
    Use of a closed and de-activated automatic valve with resilient 
seals or a blind flange to isolate a failed penetration will ensure 
that the penetration's pressure retention containment isolation 
safety function continues to be satisfied. There will be no decrease 
in the ability of the containment purge or the continuous purge/
hydrogen purge systems to perform their containment

[[Page 10567]]

isolation safety function as assumed in the accident analyses. In 
addition, use of a closed and de-activated automatic valve with 
resilient seals or a blind flange to isolate a failed containment 
purge penetration is consistent with the provisions of Condition E 
of Specification 3.6.3 of NUREG-1432. Therefore, operation of the 
facility in accordance with the proposed amendments will not involve 
a significant 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 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, 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 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.
    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,

[[Page 10568]]

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 M. S. Ross, Managing Attorney, Florida Power & Light Company, 
P.O. Box 14000, Juno Beach, FL 33408-0420, attorney for the licensee.
    For further details with respect to this action, see the 
application for amendment dated February 21, 2006, which is available 
for public inspection at the Commission's Public Document Room (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 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.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 February 2006.

    For the Nuclear Regulatory Commission.
Brendan T. Moroney,
Project Manager, Plant Licensing Branch II-2, Division of Operating 
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. E6-2856 Filed 2-28-06; 8:45 am]
BILLING CODE 7590-01-P