ML070230140

Individual Notice of Consideration of Issuance of Amendment, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing

ML070230140
Person / Time
Site:	Robinson
Issue date:	01/24/2007
From:	Chandu Patel NRC/NRR/ADRO/DORL/LPLII-2
To:	Walt T Carolina Power & Light Co
Patel C, NRR/DORL/LPL2-2, 415-3025
References
TAC MD4046
Download: ML070230140 (10)

Text

January 24, 2007 Mr. Thomas D. Walt, Vice President Carolina Power & Light Company H. B. Robinson Steam Electric Plant, Unit No. 2 3581 West Entrance Road Hartsville, South Carolina 29550

SUBJECT:

H. B. ROBINSON STEAM ELECTRIC PLANT, UNIT NO. 2 - NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE, PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION, AND OPPORTUNITY FOR A HEARING (TAC NO. MD4046)

Dear Mr. Walt:

Enclosed is a copy of a Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity For a Hearing related to your application for an amendment dated January 19, 2007, for H. B. Robinson Steam Electric Plant, Unit No. 2.

The amendment request proposes a one-time change to the Technical Specifications regarding the steam generator (SG) tube inspection and repair required for the portion of the SG tubes passing through the tubesheet region.

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

Sincerely,

/RA/

Chandu P. Patel, Project Manager, Plant Licensing branch II-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-261

Enclosure:

As stated cc w/encl: See next page

Mr. T. D. Walt H. B. Robinson Steam Electric Plant, Carolina Power & Light Company Unit No. 2 cc:

David T. Conley Hartsville, South Carolina 29550 Associate General Counsel II - Legal Department Mr. C. T. Baucom Progress Energy Service Company, LLC Supervisor, Licensing/Regulatory Programs Post Office Box 1551 H. B. Robinson Steam Electric Plant, Raleigh, North Carolina 27602-1551 Unit No. 2 Carolina Power & Light Company Ms. Margaret A. Force 3581 West Entrance Road Assistant Attorney General Hartsville, South Carolina 29550 State of North Carolina Post Office Box 629 Ms. Beverly Hall, Section Chief Raleigh, North Carolina 27602 N.C. Department of Environment and Natural Resources U. S. Nuclear Regulatory Commission Division of Radiation Protection Resident Inspectors Office 3825 Barrett Dr.

H. B. Robinson Steam Electric Plant Raleigh, North Carolina 27609-7721 2112 Old Camden Road Hartsville, South Carolina 29550 Mr. Robert P. Gruber Executive Director Mr. Dan Stoddard Public Staff - NCUC Plant General Manager 4326 Mail Service Center H. B. Robinson Steam Electric Plant, Raleigh, North Carolina 27699-4326 Unit No. 2 Carolina Power & Light Company Mr. Henry H. Porter, Assistant Director 3581 West Entrance Road South Carolina Department of Health Hartsville, South Carolina 29550 Bureau of Land & Waste Management 2600 Bull Street Mr. William G. Noll Columbia, South Carolina 29201 Director of Site Operations H. B. Robinson Steam Electric Plant, Mr. Chris L. Burton Unit No. 2 Manager Carolina Power & Light Company Performance Evaluation and 3581 West Entrance Road Regulatory Affairs PEB 7 Hartsville, South Carolina 29550 Progress Energy Post Office Box 1551 Public Service Commission Raleigh, North Carolina 27602-1551 State of South Carolina Post Office Drawer 11649 Mr. John H. ONeill, Jr.

Columbia, South Carolina 29211 Shaw, Pittman, Potts, & Trowbridge 2300 N Street NW.

J. F. Lucas Washington, DC 20037-1128 Manager - Support Services - Nuclear H. B. Robinson Steam Electric Plant, Unit No. 2 Carolina Power & Light Company 3581 West Entrance Road

ML070230140 NRR-106 OFFICE LPL2-2/PM LPL2-2/LA LPL2-2/BC NAME CPatel CSola MChernoff DATE 1/23/07 1/23/07 1/23/07 7590-01-P UNITED STATES NUCLEAR REGULATORY COMMISSION CAROLINA POWER AND LIGHT DOCKET NO. 50-261 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 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 NRCs 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 Commissions 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 Commissions 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 Systems (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 requestors/petitioners right under the Act to be made a party to the proceeding;

3) the nature and extent of the requestors/petitioners 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/petitioners 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, HEARINGDOCKET@NRC.GOV; 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 email to OGCMailCenter@nrc.gov. 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 pdr@nrc.gov.

Dated at Rockville, Maryland, this 23rd day of January 2007.

FOR THE NUCLEAR REGULATORY COMMISSION

/RA/

Chandu P. Patel, Project Manager Plant Licensing Branch II-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation