[Federal Register Volume 72, Number 19 (Tuesday, January 30, 2007)]
[Notices]
[Pages 4300-4302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-1417]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-261]
Carolina Power and Light; 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 Renewed Facility Operating
License No. DPR-23 issued to Carolina Power and Light (the licensee)
for operation of the H. B. Robinson Steam Electric Plant (HBRSEP), Unit
No. 2 located in Darlington County, South Carolina.
The proposed amendment would modify Technical Specification (TS)
5.5.9 to add steam generator (SG) alternate repair criteria and TS
5.6.8 to add additional SG reporting requirements.
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.
The Commission has made a proposed determination that the amendment
request involves no significant hazards consideration. Under the
Commission's regulations in Title 10 of the CODE OF FEDERAL REGULATIONS
(10 CFR), Section 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. The Proposed Change Does Not Involve a Significant Increase
in the Probability or Consequences of an Accident Previously
Evaluated.
The proposed change does not involve physical changes to any
plant structure, system, or component. The inspection of the portion
of the steam generator tubes within the tubesheet region is being
changed to identify the appropriate scope of inspection and the
criteria for plugging tubes that are found with degradation. The
proposed requirements will continue to ensure that the probability
of a steam generator tube rupture accident is not increased.
Therefore, the probability of occurrence for a previously analyzed
accident is not significantly
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increased. The consequences of a previously analyzed accident are
dependent on the initial conditions assumed for the analysis, the
behavior of the fission product barriers during the analyzed
accident, the availability and successful functioning of the
equipment assumed to operate in response to the analyzed event, and
the setpoints at which these actions are initiated. The proposed
inspection and repair requirements will ensure that the plant
continues to meet applicable design and safety analyses acceptance
criteria. The proposed change does not affect the performance of any
equipment used to mitigate the consequences of an analyzed accident.
As a result, no analysis assumptions are impacted and there are no
adverse effects on the factors that contribute to offsite or onsite
dose as a result of an accident. The proposed change does not affect
setpoints that initiate protective or mitigative actions. The
proposed change ensures that plant structures, systems, and
components are maintained consistent with the safety analysis and
licensing bases. Based on this evaluation, there is no significant
increase in the consequences of a previously analyzed accident.
Therefore, this change does not involve a significant increase in
the probability or consequences of an accident previously evaluated.
2. The Proposed Change Does Not Create the Possibility of a New
or Different Kind of Accident From Any Previously Evaluated.
The proposed change does not involve any physical alteration of
plant systems, structures, or components. No new or different
equipment is being installed. No installed equipment is being
operated in a different manner. There is no change to the parameters
within which the plant is normally operated or in the setpoints that
initiate protective or mitigative actions. The proposed inspection
and repair criteria will establish appropriate requirements to
ensure that the steam generator tubes are properly maintained. As a
result, no new failure modes are being introduced. Therefore, the
proposed change does not create the possibility of a new or
different kind of accident from any accident previously evaluated.
3. The Proposed Change Does Not Involve a Significant Reduction
in the Margin of Safety.
There is no impact on any margin of safety resulting from the
proposed steam generator tube inspection and repair criteria. The
integrity of the steam generator tubes and associated primary to
secondary leakage criteria will be maintained consistent with the
applicable safety margins as established for HBRSEP, Unit No. 2, by
use of the proposed steam generator alternate repair criteria.
Therefore, this change does not involve a significant reduction in
the 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 30 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 60 days after the date of publication of this notice. The
Commission may issue the license amendment before expiration of the 60-
day period provided that its final determination is that the amendment
involves no significant hazards consideration. In addition, the
Commission may issue the amendment prior to the expiration of the 30-
day comment period should circumstances change during the 30-day
comment period such that failure to act in a timely way would result,
for example, in derating or shutdown of the facility. Should the
Commission take action prior to the expiration of either the comment
period or the notice period, it will publish in the Federal Register a
notice of issuance. Should the Commission make a final No Significant
Hazards Consideration Determination, any hearing will take place after
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, Rulemaking,
Directives and Editing 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, 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'' 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 requestors/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 is aware and on which the
petitioner intends to rely to establish those facts or expert opinion.
The
[[Page 4302]]
petition must include 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 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 David T. Conley,
Associate General Counsel II--Legal Department, Progress Energy Service
Company, LLC, Post Office Box 1551, Raleigh, North Carolina 27602,
attorney for the licensee.
For further details with respect to this action, see the
application for amendment dated January 19, 2007, which is available
for public inspection at the Commission's PDR, located at One White
Flint North, File Public 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/adams.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 January 2007.
For the Nuclear Regulatory Commission.
Chandu P. Patel,
Project Manager, Plant Licensing Branch II-2, Division of Operating
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. E7-1417 Filed 1-29-07; 8:45 am]
BILLING CODE 7590-01-P