[Federal Register Volume 71, Number 142 (Tuesday, July 25, 2006)]
[Notices]
[Pages 42134-42137]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-11832]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-483]
Union Electric Company; 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-30, issued to Union Electric Company (the licensee), for operation
of the Callaway Plant, Unit 1 (Callaway), located in Callaway County,
Missouri.
The proposed amendment would delete the (1) containment cooler
condensate monitoring system and (2) containment atmosphere gaseous
radioactivity monitor from the limiting
[[Page 42135]]
condition for operation in Technical Specification (TS) 3.4.15, ``RCS
[reactor coolant system] Leakage Detection Instrumentation.'' The
conditions, required actions, completion times, and surveillance
requirements in TS 3.4.15 that are associated with both of these
monitors would also be deleted from TS 3.4.15. This would remove these
two monitors from the TSs as methods to detect an RCS leak rate of 1
gallon per minute (gpm) in 1 hour. The licensee submitted its request
to revise the TSs in its application dated July 19, 2006. This
application supercedes the licensee's previous two applications dated
August 26, 2005, and August 29, 2006, which proposed only to delete the
containment atmosphere gaseous radioactivity monitor from TS 3.4.15.
In its application, the licensee requested that the amendment be
approved on an exigent basis, in accordance with Paragraph 50.91(a)(6)
of Title 10 of the Code of Federal Regulations (10 CFR 50.91(a)(6)), by
no later than August 8, 2006. The licensee provided the following basis
for its request. On July 10, 2006, a Commission's resident inspector at
Callaway identified a concern with the licensee using the containment
cooler condensate monitoring system for RCS leakage detection in
accordance with TS 3.4.15. Specifically, the resident inspector
questioned the ability of the system to detect a 1 gpm RCS leak rate in
1 hour based on realistic or normal plant conditions. The licensee
stated that in subsequent reviews it was unable to establish that the
system could meet this criteria and declared the system inoperable on
July 10, 2006, at 15:44 in the afternoon. Because the containment
atmosphere gaseous radioactivity monitor had previously been declared
inoperable because it could not be shown to meet this criteria, TS
3.4.15, with both monitors being inoperable, requires that the licensee
analyze samples of the containment atmosphere, or verify RCS
operational leakage is within limits by performance of an RCS watery
inventory balance, once every 24 hours, and restore either of the two
monitors within 30 days, or start shutting down. Since the licensee
does not see the basis to justify that either of the two monitors can
meet the criteria for TS 3.4.15, it has requested the exigent amendment
to remove the two monitors from TS 3.4.15 and, thus, prevent the plant
shut down starting 30 days after the containment cooler condensate
monitoring system was declared inoperable (i.e., 30 days after July 10,
2006, at 15:44). The licensee concluded that it could not have
reasonably foreseen or anticipated this situation and, therefore, could
not have avoided the need for the exigent amendment request.
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; (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 proposed change has been evaluated and determined to not
increase the probability or consequences of an accident previously
evaluated. The proposed change does not make any hardware changes and
does not alter the configuration of any plant system, structure, or
component (SSC). The proposed change will remove the containment cooler
condensate monitoring system and the containment atmosphere gaseous
radioactivity monitor as an option for meeting the OPERABILITY
requirements for TS 3.4.15. The TS will continue to require diverse
means of leakage detection equipment, thus ensuring that leakage due to
RCS piping cracks would continue to be identified prior to propagating
to the point of a pipe break and the plant shutdown accordingly.
Therefore, the probability or consequences of an accident previously
evaluated are not increased.
(2) Does the proposed change create the possibility of a new or
different kind of accident from any accident previously evaluated?
Response: No.
The proposed change does not involve the use or installation of new
equipment and the currently installed equipment will not be operated in
a new or different manner. No new or different system interactions are
created and no new processes are introduced. The proposed changes will
not introduce any new failure mechanisms, malfunctions, or accident
initiators not already considered in the design and licensing bases.
The proposed change does not affect any SSC associated with an accident
initiator. Based on this evaluation, 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.
The proposed change does not alter any Reactor Coolant System (RCS)
leakage detection components. The proposed change will remove the
containment cooler condensate monitoring system and the containment
atmosphere gaseous radioactivity monitor as an option for meeting the
OPERABILITY requirements for TS 3.4.15. This change is required since
the level of radioactivity in the Callaway reactor coolant has become
much lower than what was assumed in the [Callaway] FSAR [Final Safety
Analysis Report] and the gaseous channel can no longer promptly detect
a small RCS leak under normal conditions. Similarly, for certain
combinations of essential service water (ESW) temperature, outside air
temperature and relative humidity, the containment cooler condensate
monitoring system's ability to detect an RCS leak rate of 1 gpm in one
hour is also uncertain. The proposed amendment continues to require
diverse means of leakage detection equipment with capability to
promptly detect RCS leakage. Although not required by TS, additional
diverse means of leakage detection capability are available as
described in the FSAR Section 5.2.5. Early detection of leakage, as the
potential indicator of a crack(s) in the RCS pressure boundary, will
thus continue to be in place so that such a condition is known and
appropriate actions taken well before any such crack would propagate to
a more severe condition. Based on this evaluation, the 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.
[[Page 42136]]
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, 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 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 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/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
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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 John
O'Neill, Esq., Pillsbury Winthrop Shaw Pittman LLP, 2300 N Street, NW.,
Washington, DC 20037, attorney for the licensee.
For further details with respect to this action, see the
application for amendment dated July 19, 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, or 301-415-4737, or by
e-mail to [email protected].
Dated at Rockville, Maryland, this 19th day of July 2006.
For the Nuclear Regulatory Commission.
Jack Donohew,
Senior Project Manager, Plant Licensing Branch IV, Division of
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. E6-11832 Filed 7-24-06; 8:45 am]
BILLING CODE 7590-01-P