[Federal Register Volume 71, Number 118 (Tuesday, June 20, 2006)]
[Notices]
[Pages 35453-35456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-9629]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-353]


Limerick Generating Station, Unit 2; 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 (the Commission) is 
considering issuance of an amendment to Facility Operating License No. 
NPF-85, issued to Exelon Generation Company, LLC, for operation of the 
Limerick Generating Station, Unit 2, located in Montgomery County, 
Pennsylvania.
    The proposed one-time amendment would revise Technical 
Specification (TS) Limiting Condition for Operation (LCO) 3.6.1.7 
concerning drywell average air temperature. Specifically,

[[Page 35454]]

the proposed change would add a footnote to the TS limit for drywell 
average air temperature of 145 degrees Fahrenheit ([deg]F) to allow 
continued operation of LGS, Unit 2, with drywell average air 
temperature no greater than 148 [deg]F or the remainder of the current 
operating cycle (Cycle 9), which is currently scheduled to end in March 
2007, or until the next shutdown of sufficient duration to allow for 
unit cooler fan repairs, whichever comes first.
    The exigent amendment request is being made because both fans of 
the 2D drywell unit cooler are inoperable and out of service, which 
resulted in an increase in drywell average air temperature from 
approximately 129 [deg]F to approximately 142 [deg]F. Historically, LGS 
has experienced an increase in the drywell average air temperature of 
2-4 [deg]F during the summer months with normal drywell air cooling 
system operation. Under the current plant condition, this could result 
in the potential to exceed the TS limit of 145 [deg]F. Noticing this 
license amendment request in the Biweekly Federal Register Notice for 
the standard 30-day public comment period would not expire until July 
2006. Therefore, the combination of the increase in the drywell average 
air temperature during the summer months and the standard regulatory 
process for noticing license amendment requests could result in an 
unwarranted plant shutdown.
    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. Does the proposed change involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No. The increase in the allowable drywell average air 
temperature during normal plant operation does not make any physical 
changes to the plant. It only permits the plant to operate at a 
higher drywell average air temperature for a limited period of time, 
and therefore, does not increase the probability of an accident 
previously evaluated. This increase in the drywell average air 
temperature has been evaluated to ensure that the change does not 
adversely affect the ability of the primary containment to perform 
its safety related function during accident conditions.
    The LGS containment design was previously evaluated using an 
initial average air temperature of 150 [deg]F for the design basis 
Loss-of-Coolant Accident (LOCA). The results of this evaluation 
showed that the peak drywell air temperature does not exceed the 
limit of 340 [deg]F post-accident and that the peak drywell pressure 
does not exceed the design limit of 55 psig. In addition, the 
results of this evaluation showed that the peak suppression pool 
temperature does not exceed the suppression pool structural design 
limit of 220 [deg]F, and does not exceed the low pressure Emergency 
Core Cooling System (ECCS) pump net positive suction head (NPSH) 
limit of 212 [deg]F. The proposed change is also bounded by the 
current small line break analysis.
    Evaluation of components in the drywell has determined that the 
proposed one-time increase in the drywell average air temperature 
does not adversely affect the capability to perform their safety 
function. For components in the drywell, the qualified life was 
based on operation at a minimum drywell average air temperature of 
145 [deg]F. An evaluation of the qualified life of components in the 
drywell has been performed and has determined that current 
qualification will not be adversely impacted even if the components 
are exposed to a temperature of 150 [deg]F for the remainder of the 
current operating cycle. The increased average air temperature of 
the drywell atmosphere does not degrade or compromise any coolant 
boundaries nor does it degrade or compromise any primary containment 
boundaries from performing their design functions during or 
following an accident condition. This proposed change does not 
result in or require any systems or components to be operated 
outside of their design limits.
    This proposed change does not adversely affect mitigating 
systems, structures or components, and does not adversely affect the 
initial conditions of any accidents. Redundancy and diversity of 
mitigating systems are unchanged as a result of this proposed 
change. This proposed change does not affect onsite or offsite 
radiological consequences of any accident previously evaluated in 
the Safety Analysis Report (SAR).
    Therefore, this proposed TS change does not involve a 
significant increase in the probability or consequences of an 
accident previously evaluated.
    2. Does the proposed change create the possibility of a new or 
different kind of accident from any accident previously evaluated?
    Response: No. The one-time increase in the drywell average air 
temperature proposed by this TS change does not change any SSC 
[structures, systems, and components of the plant. This TS change 
does not create new operating or failure modes. The normal operating 
drywell average air temperature is maintained to prevent the peak 
temperature/pressure of the primary containment from exceeding the 
design limit, and to ensure that SSCs perform their safety functions 
before, during and after accident conditions. A previous evaluation 
has shown that the limits for the drywell and suppression pool 
design temperatures and pressures are not exceeded by the proposed 
change.
    Therefore, the proposed change does not create the possibility 
of a new or different kind of accident from any accident previously 
evaluated.
    3. Does the proposed change involve a significant reduction in a 
margin of safety?
    Response: No. This proposed change will allow the plant to 
operate at a higher drywell average air temperature during normal 
operation for the remainder of the current operating cycle. This 
higher drywell average air temperature (148 [deg]F) is still below 
the initial conditions (150 [deg]F) specified in the current short 
and long-term containment analyses. This change does not create 
additional heat loads or change the way any of the equipment is 
operated. A previous evaluation has demonstrated that the drywell 
and suppression pool design pressures and design temperatures and 
code requirements are maintained. Therefore, this one-time change to 
the TS drywell average air temperature limit, to allow the plant to 
operate no greater than 148 [deg]F for no longer than the remainder 
of the current operating cycle, does not have any adverse effect on 
the ability of safety-related SSCs to perform their design 
functions. The SSCs are designed to function following a LOCA where 
drywell temperature can peak at 340 [deg]F. For components in the 
drywell, the qualified life was based on operation at a minimum 
drywell average air temperature of 145 [deg]F. An evaluation of the 
qualified life of components in the drywell has been performed and 
has determined that current qualification will not be adversely 
impacted even if the components are exposed to a temperature of 150 
[deg]F for the remainder of the current operating cycle.
    Therefore, this proposed change does 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.

[[Page 35455]]

    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'' 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, 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 Mr. Brad Fewell, 
Assistant

[[Page 35456]]

General Counsel, Exelon Generation Company, LLC, 200 Exelon Way, 
Kennett Square, PA 19348, attorney for the licensee.
    For further details with respect to this action, see the 
application for amendment dated June 9, 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 14th day of June 2006.

For the Nuclear Regulatory Commission.
Richard V. Guzman,
Project Manager, Plant Licensing Branch I-2, Division of Operating 
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. E6-9629 Filed 6-19-06; 8:45 am]
BILLING CODE 7590-01-P