[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