[Federal Register Volume 72, Number 52 (Monday, March 19, 2007)]
[Notices]
[Pages 12835-12837]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-4941]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-369 and 50-370]
Duke Power Company LLC, et al.; Notice of Consideration of
Issuance of Amendments to Facility Operating Licenses, 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 Nos.
NPF-9 and NPF-11 issued to Duke Power Company LLC, et al., for
operation of the McGuire Nuclear Station, Units 1 and 2, located in
Mecklenburg County, North Carolina.
The proposed amendments would approve changes to the current
licensing bases for the McGuire Nuclear Station, Units 1 and 2,
emergency core cooling system containment sump strainers.
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), Part 50, 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. Does the proposed amendment involve a significant increase in
the probability or
[[Page 12836]]
consequences of an accident previously evaluated?
Response: No.
Implementation of the proposed amendment does not significantly
increase the probability or the consequences of an accident
previously evaluated. The ECCS [emergency core cooling system]
containment sump functions in the mitigation of a Loss of Coolant
Accident (LOCA). It is not an accident initiator.
Commitments to Regulatory Guide 1.82, Rev 0, as currently
described in the UFSAR [Updated Final Safety Analysis Report], are
being revised to establish appropriate exceptions associated with
the modified ECCS sump strainer design. This modified ECCS
containment sump assembly, consisting of a complex geometry, and
crediting all effective strainer surface area, was designed using
the methodology contained in NEI 04-07, ``Pressurized Water Reactor
Sump Performance Evaluation Methodology,'' Rev 0, and the associated
NRC [Nuclear Regulatory Commission] Safety Evaluation Report.
Removal of the implied licensing basis requirement to physically
separate the containment sump into two halves or provide ECCS train
separation within the same containment sump will not impact the
assumptions made in Chapter 15 of the McGuire UFSAR. There are no
changes in any failure mode or effects analysis associated with this
change. Since there are no credible failures which could result in
the introduction of debris within the strainer assembly, the need to
provide this physical separation is not warranted.
Although the configurations of the existing ECCS containment
sump trash racks and screen and the replacement sump strainer
assemblies are different, they serve the same fundamental purpose of
passively removing debris from the sump's suction supply of the
supported system pumps. Removal of trash racks does not impact the
adequacy of the pump NPSH [net positive suction head] assumed in the
safety analysis. Likewise, the change does not reduce the
reliability of any supported systems or introduce any new system
interactions. The greatly increased surface area of the modified
strainer is designed to reduce head loss.
Thus, based on the above, the proposed change does not involve a
significant increase in the probability or consequences of an
accident previously evaluated.
2. Does the proposed amendment create the possibility of a new
or different kind of accident from any accident previously
evaluated?
Response: No.
The proposed amendment will not create the possibility of a new
or different kind of accident. The ECCS containment sump strainer
serves as a passive component of the ECCS accident mitigation
system. It is, therefore, not an accident initiator. The modified
design requirements result in a strainer that performs the same
functions in the same manner as the original design, such that no
different kind of accident is created.
A change to McGuire Technical Specification Surveillance
Requirement [SR] 3.5.2.8 does not alter the nature of events
postulated in the Safety Analysis Report nor do they introduce any
unique precursor mechanisms.
Therefore, the proposed changes will not create the possibility
of a new or different kind of accident from any accident previously
evaluated.
3. Does the proposed amendment involve a significant reduction
in the margin of safety?
Response: No.
Margin of safety is related to the confidence in the ability of
the fission product barriers to perform their design functions
during and following an accident situation. These barriers include
the fuel cladding, the reactor coolant system, and the containment
system. The performance of the containment system, fuel cladding,
and the reactor coolant system will not be impacted by the proposed
change.
Duke's [the licensee's] evaluation concludes that there are no
credible failure mechanisms applicable to the modified ECCS
containment sump strainer design. The revised design requirements
result in enhanced strainer performance under more conservative
debris loading assumptions.
The proposed change to Technical Specification SR 3.5.2.8 will
have no effect on the manner in which safety limits, limiting safety
system settings, or limiting conditions for operation are determined
nor will there be any effect on those plant systems necessary to
assure the accomplishment of protective functions. The proposed
change does not adversely affect the fuel, fuel cladding, Reactor
Coolant System, or containment integrity.
Thus, it is concluded that the proposed changes do 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
O1F21, 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
[[Page 12837]]
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 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 the attorney for the
licensee, Ms. Lisa F. Vaughn, Associate General Counsel and Managing
Attorney, Duke Energy Carolinas, LLC, 526 South Church St., EC07H,
Charlotte, NC 28202.
For further details with respect to this action, see the
application for amendment dated March 8, 2007, which is available for
public inspection 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/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 13th day of March 2007.
For the Nuclear Regulatory Commission.
Leonard N. Olshan,
Sr. Project Manager, Plant Licensing Branch II-1, Division of Operating
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. E7-4941 Filed 3-16-07; 8:45 am]
BILLING CODE 7590-01-P