[Federal Register Volume 72, Number 100 (Thursday, May 24, 2007)]
[Notices]
[Pages 29186-29188]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-10047]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-250]
Florida Power and Light 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.
DPR-31, issued to Florida Power and Light Company (the licensee), for
operation of the Turkey Point Nuclear Plant, Unit 3, located in Miami-
Dade County, Florida.
The proposed amendment would revise Technical Specifications (TSs)
3/4.1.3.1, 3/4.1.3.2, and 3/4.1.3.6 to allow the use of an alternate
method of determining rod position for the control rods G-5 and M-6,
which have inoperable rod position indicators (RPIs). The method to be
used will monitor the stationary gripper coils of G-5 and M-6 Control
Rod Drive Mechanisms until repairs can be conducted, but no later than
the next outage, which is scheduled for fall 2007.
The licensee indicated the need for the amendment is due to the
unanticipated recent additional failure of the Turkey Point Unit 3
Analog RPI for control rod G-5 in Control Rod Bank A. Additionally,
there is a concern that exercising the movable incore detectors every 8
hours (90 times per month) to comply with the compensatory actions
required by the current Action Statement a. of TS 3.1.3.2 will result
in excessive wear.
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. Will operation of the facility in accordance with this
proposed change involve a significant increase in the probability or
consequences of an accident previously evaluated?
No. The proposed change provides an alternative method for
verifying rod position of control rod M-6 and G-5. The proposed
change meets the intent of the current specification in that it
ensures verification of position of the control rod once every eight
(8) hours. The proposed change provides only an alternative method
of monitoring control rod position and does not change the
assumption or results of any previously evaluated accident.
Therefore, operation of the facility in accordance with the
proposed amendment would not involve a significant increase in the
probability or consequences of an accident previously evaluated.
2. Will operation of the facility in accordance with this
proposed change create the possibility of a new or different kind of
accident from any accident previously evaluated?
No. As described above, the proposed change provides only an
alternative method of determining the position of Unit 3 control
rods M-6 and G-5. No new accident initiators are introduced by the
proposed alternative manner of performing rod position verification.
The proposed change does not affect the reactor protection system or
the reactor control system. Hence, no new failure modes are created
that would cause a new or different kind of accident from any
accident previously evaluated.
Therefore, 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.
3. Will operation of the facility in accordance with this
proposed change involve a significant reduction in a margin of
safety?
No. The bases of Specification 3.1.3.2 state that the
operability of the rod position indicators is required to determine
control rod positions and thereby ensure compliance with the control
rod alignment and insertion limits. The proposed change does not
alter the requirement to determine rod position but provides an
alternative method for determining the position of the affected
rods. As a result, the initial conditions of the accident analysis
are preserved and the consequences of previously analyzed accidents
are unaffected.
Therefore, operation of the facility in accordance with the
proposed amendments would not involve a significant reduction in the
margin of safety.
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
[[Page 29187]]
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 O1F21, 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 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 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 May 17, 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].
[[Page 29188]]
Dated at Rockville, Maryland, this 17th day of May 2007.
Brenda L. Mozafari,
Senior Project Manager, Plant Licensing Branch II-2, Division of
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. E7-10047 Filed 5-23-07; 8:45 am]
BILLING CODE 7590-01-P