ML032020526

Notice of Consideration for Mixed Oxide Fuel Lead Assemblies

ML032020526
Person / Time
Site:	Catawba, McGuire, Mcguire
Issue date:	07/21/2003
From:	Martin R NRC/NRR/DLPM/LPD2
To:	Tuckman M Duke Energy Corp
Martin RE, NRR/DLPM, 415-1493
References
TAC MB7863, TAC MB7864, TAC MB7865, TAC MB7866
Download: ML032020526 (10)

Text

July 21, 2003 Mr. Michael S. Tuckman Executive Vice President Duke Energy Corporation 526 South Church St Charlotte, NC 28201-1006

SUBJECT:

WILLIAM B. MCGUIRE NUCLEAR STATION, UNITS 1 AND 2 AND CATAWBA NUCLEAR STATION, UNITS 1 AND 2 RE: PROPOSED AMENDMENT TO THE FACILITY OPERATING LICENSE AND TECHNICAL SPECIFICATIONS TO ALLOW INSERTION OF MIXED OXIDE FUEL LEAD ASSEMBLIES (TAC NOS. MB7865, MB7866, MB7863 AND MB7864)

Dear Mr. Tuckman:

Enclosed is a copy of a Notice of Consideration of Issuance of Amendment to Facility Operating License and Opportunity for a Hearing, for your information. This notice relates to a application for amendment by the Duke Power Company (Duke) dated February 27, 2003, wherein Duke proposed to revise the Technical Specifications to allow the use of four mixed oxide fuel lead assemblies at either the Catawba Nuclear Station, Units 1 and 2 or the McGuire Nuclear Station, Units 1 and 2 during the spring 2005 refueling outage for the selected unit.

This notice has been forwarded to the Office of the Federal Register for publication.

Sincerely,

/RA/

Robert E. Martin, Senior Project Manager, Section 1 Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-369, 50-370, 50-413 and 50-414

Enclosure:

As stated cc w/encl: See next page

ML032020526 OFFICE PM:PDII-1 LA:PDII-1 OGC

• SC:PDII-1 NAME RMartin CHawes SUttal JNakoski DATE 7/18/03 7/21/03 07/16 /03 7/18/03 7590-01-P UNITED STATES NUCLEAR REGULATORY COMMISSION DUKE ENERGY CORPORATION, ET AL.

CATAWBA NUCLEAR STATION, UNITS 1 AND 2 DOCKET NOS. 50-413 AND 50-414 MCGUIRE NUCLEAR STATION, UNITS 1 AND 2 DOCKET NOS. 50-369 AND 50-370 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE 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-17, issued to Duke Power Company (the licensee), for operation of the McGuire Nuclear Station, Unit Nos. 1 and 2 (McGuire), located in Mecklenburg County, North Carolina and to Facility Operating License Nos. NPF-35 and NPF-52, issued to Duke Power Company, et al, (the licensee), for operation of the Catawba Nuclear Station (CNS), Units 1 and 2, located in York County, South Carolina.

The proposed amendments, requested by the licensee in a letter dated February 27, 2003, would revise the Technical Specifications (TSs) to allow the use of four mixed oxide (MOX) lead assemblies at either the Catawba Nuclear Station or the McGuire Nuclear Station. The licensee has proposed changes to two sections of the TSs that address the storage of MOX fuel assemblies in the spent fuel storage racks: Section 3.7.15, Spent Fuel Assembly Storage and Section 4.3, Fuel Storage. The licensee has also proposed changes to TS Section 4.2, Reactor Core, to reflect the use of MOX fuel in addition to the currently specified slightly enriched uranium dioxide fuel and to reflect the use of fuel rods clad

with an M5TM zirconium alloy that has a different material specification than the materials currently referenced in the TS. Associated changes are proposed for TS Section 5.6.5, Core Operating Limits Report (COLR), to add several more methodologies that will be used to develop the limits that will be included in the COLR. Associated changes have also been proposed for the TS Bases section.

Before issuance of the proposed license amendments, the Commission will have made findings required by the Atomic Energy Act of 1954, as amended (the Act) and the Commission's regulations.

By August 25, 2003, 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 2.714, which is available at the Commission's Public Document Room, located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland, or electronically on the Internet at the NRC Web site http://www.nrc.gov/NRC/CFR/index.html. If there are problems in accessing the document, contact the Public Document Room Reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to pdr@nrc.gov. If a request for a hearing or petition for leave to intervene is filed by the above date, the Commission or an Atomic Safety and Licensing Board, designated by the Commission or by the Chairman of the Atomic Safety and Licensing Board Panel, will rule on the request and/or petition; and the Secretary or the designated Atomic Safety and Licensing Board will issue a notice of hearing or an appropriate order.

As required by 10 CFR 2.714, 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 factors: (1) the nature of the petitioners right under the Act to be made a party to the proceeding, (2) the nature and extent of the petitioners property, financial, or other interest in the proceeding, and (3) the possible effect of any order which may be entered in the proceeding on the petitioners interest. The petition should also identify the specific aspect(s) of the subject matter of the proceeding as to which petitioner wishes to intervene. Any person who has filed a petition for leave to intervene or who has been admitted as a party may amend the petition without requesting leave of the Board up to 15 days prior to the first prehearing conference scheduled in the proceeding, but such an amended petition must satisfy the specificity requirements described above.

Not later than 15 days prior to the first prehearing conference scheduled in the proceeding, a petitioner shall file a supplement to the petition to intervene which must include a list of the contentions which are sought to be litigated in the matter. Each contention must consist of a specific statement of the issue of law or fact to be raised or controverted. In addition, the petitioner shall provide a brief explanation of the bases of 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 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.

Petitioner 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 to relief. A petitioner who fails to file such a supplement which satisfies 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, including the opportunity to present evidence and cross-examine witnesses.

A request for a hearing and petition for leave to intervene must be filed with the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemakings and Adjudications Staff, or may be delivered to the Commissions Public Document Room, located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland, by the above date. A copy of the petition should also be sent to the Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and to Ms. Lisa F. Vaughn, Legal Department (ECIIX), Duke Energy Corporation, 422 South Church Street, Charlotte, North Carolina 28201-1006, attorney for the licensee.

Nontimely filings of petitions for leave to intervene, amended petitions, supplemental petitions and/or requests for hearing will not be entertained absent a determination by the Commission, the presiding officer or the presiding Atomic Safety and Licensing Board that the petition and/or request should be granted based upon a balancing of the factors specified in 10CAR 2.714(a)(1)(l)-(v) and 2.714(d).

If a request for a hearing is received, the Commissions staff may issue the amendment after it completes its technical review and prior to the completion of any required hearing if it publishes a further notice for public comment of its proposed finding of no significant hazards consideration in accordance with 10 CFR 50.91 and 50.92. For further details with respect to the proposed action, see the licensees application dated February 27, 2003. Documents may

be examined, and/or copied for a fee, at the NRCs Public Document room, located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible electronically from the Agencywide Documents Access and Management Systems (ADAMS) Public Electronic Reading Room on the Internet at the NRC web site, http\\www.nrc.gov. If you do not have access to ADAMS or if there are problems in accessing the documents located in ADAMS, contact the NRC Public Document Room (PDR)

Reference staff at 1-800-397-4209, 301-415-4737 or by email to pdr@nrc.gov.

Dated at Rockville, Maryland, this 21st day of July 2003.

FOR THE NUCLEAR REGULATORY COMMISSION

/RA/

Robert E. Martin, Sr. Project Manager, Section 1 Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation

McGuire Nuclear Station Catawba Nuclear Station cc:

Ms. Lisa F. Vaughn Mr. Richard M. Fry, Director Legal Department (ECIIX) Division of Radiation Protection Duke Energy Corporation North Carolina Department of 422 South Church Street Environment, Health, and Charlotte, North Carolina 28201-1006 Natural Resources 3825 Barrett Drive County Manager of Mecklenburg County Raleigh, North Carolina 27609-7721 720 East Fourth Street Charlotte, North Carolina 28202 Ms. Karen E. Long Assistant Attorney General Mr. Michael T. Cash North Carolina Department of Regulatory Compliance Manager Justice Duke Energy Corporation P. O. Box 629 McGuire Nuclear Site Raleigh, North Carolina 27602 12700 Hagers Ferry Road Huntersville, North Carolina 28078 Mr. C. Jeffrey Thomas Manager - Nuclear Regulatory Anne Cottingham, Esquire Licensing Winston and Strawn Duke Energy Corporation 1400 L Street, NW. 526 South Church Street Washington, DC 20005 Charlotte, North Carolina 28201-1006 Senior Resident Inspector NCEM REP Program Manager c/o U. S. Nuclear Regulatory 4713 Mail Service Center Commission Raleigh, NC 27699-4713 12700 Hagers Ferry Road Huntersville, North Carolina 28078 Mr. T. Richard Puryear Owners Group (NCEMC)

Mr. Peter R. Harden, IV Duke Energy Corporation VP-Customer Relations and Sales 4800 Concord Road Westinghouse Electric Company York, South Carolina 29745 6000 Fairview Road 12th Floor Charlotte, North Carolina 28210 Dr. John M. Barry Mecklenburg County Department of Environmental Protection 700 N. Tryon Street Charlotte, North Carolina 28202

McGuire Nuclear Station Catawba Nuclear Station cc:

Mr. Gary Gilbert North Carolina Electric Membership Regulatory Compliance Manager Corporation Duke Energy Corporation P. O. Box 27306 4800 Concord Road Raleigh, North Carolina 27611 York, South Carolina 29745 Senior Resident Inspector North Carolina Municipal Power 4830 Concord Road Agency Number 1 York, South Carolina 29745 1427 Meadowwood Boulevard P. O. Box 29513 Mr. G. R. Peterson Raleigh, North Carolina 27626-0513 Site Vice President Catawba Nuclear Station County Manager of York County Duke Energy Corporation York County Courthouse 4800 Concord Road York, South Carolina 29745 York, South Carolina 29745 Piedmont Municipal Power Agency Mr. Dhiaa Jamil 121 Village Drive Vice President, McGuire Site Greer, South Carolina 29651 Duke Energy Corporation 12700 Hagers Ferry Road Saluda River Electric Huntersville, North Carolina 28078 P. O. Box 929 Laurens, South Carolina 29360 Henry Porter, Assistant Director Division of Waste Management Bureau of Solid and Hazardous Waste Department of Health and Environmental Control 2600 Bull Street Columbia, South Carolina 29201-1708