ML20248A999
| ML20248A999 | |
| Person / Time | |
|---|---|
| Site: | Catawba  |
| Issue date: | 05/27/1998 |
| From: | Tam P NRC (Affiliation Not Assigned) |
| To: | |
| Shared Package | |
| ML20248B003 | List: |
| References | |
| NUDOCS 9806010137 | |
| Download: ML20248A999 (7) | |
Text
.
7590-01-P UNITED STATES NUCLEAR REGULATORY COMMISSION DUKE ENERGY CORPORATION DOCKET NOS. 50-413 AND 50 414 I
NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENTS TO FACILITY OPERATING LICENSES. PROPOSED NO SIGNIFICANT HAZARDS I
CONSIDERATION DETERMINATION. AND OPPORTUNITY FOR A HEARING The U.S. Nuclear Regulatory Commission (the Commission) is considering issuance of amendments to Facility Operating License Nos. NPF-35 and NPF-52, issued to Duke Energy Corporation (the licensee), for operation of the Catawba Nuclear Station, Units 1 and 2, located in York County, South Carolina.
The proposed amendments would revise Surveillance Requirement Section 4.4.3.3 of the Technical Specifications. Section 4.4.3.3 currently requires that the emergency power
)
I supply for the pressurizer heaters be demonstrated OPERABLE at least once per 18 months by manually transferring power from the normal to the emergency power supply. The licensee proposed to delete the " manual" requirement 'because the power supply transfer at the unit was designed to be automatic. The proposed requirement is to verify that required pressurizer heaters are capable of being powered from an emergency power supply once per 18 months.
The licensee requested approval on an exigent basis pursuant to its request for enforcement discretion. The staff verbally granted the enforcement discretion on May 22,1998, and affirmed it by a subsequent notice of enforcement discretion (NOED) letter dated May 26, 1998. The NOED stated that the enforcement discretion is in effect until the issuance of amendments to revise Section 4.4.3.3. The staff intends to issue such an amendment within 4 weeks of the NOED letter. This issuance schedule would not be accommodated by the normal 30-day notice to the public.
9806010137 980527 PDR ADOCK 05000413 P
. 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.
Pursuant to 10 CFR 50.91(a)(6) for amendments to be granted under exigent circumstances, the NRC staff must determine that the amendment request involves no significant hazards cc.rsideration. Under the Commission's regulations in 10 CFR 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 signliicant 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:
First Standard Implementation of this amendment would not involve a significant increase in the probability or consequences of an accident previously evaluated. Changing the requirements of SR [ surveillance requirement] 4.4.3.3 as previously described will not have any impact on accident probabilities. It merely makes the TS [ Technical Specification) requirement consistent with the design of the pressurizer heaters and the normal and emergency power supply arrangement. In addition, no impact on accident consequences will occur, since the design function of the pressurizer heaters will be maintained and the heaters will be tested according to the manner in which they were designed.
Second Standard implementation of this amendment would not create the possibility of a new or different kind of accident from any accident previously evaluated. Changing the requirements of SR 4.4.3.3 will make the SR consistent with the actual design of the equipment it govems. No design changes are being made to the plant and no changes are being made to the manner in which the plant is operated or tested. Therefore, no new accident causal mechanisms are created.
l
. Third Standard implementation of this amendment would not involve a significant reduction in a margin of safety. 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 c
containment system. The performance of the fission product barriers will not be impacted by implementation of this proposed amendment. The design funct on of the affected pressurizer heaters and power supplies will not be affected. Therefore, no safety margin will be adversely impacted.
Based upon the preceding analysis, [ Duke Energy Corporation) has concluded that the proposed amendment does not involve a significant hazards consideration.
The NRC staff has reviewed the licensee's analysis and, based on this review, it appears that the three standards of 10 CFR 50.g2(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 14 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 the 14-day notice period. However, should circumstances change during the notice period, such 1
that failure to act in a timely way would result, for example, in derating or shutdown of the facility, the Commission may issue the license amendment before the expiration of the 14-day i
notice period, provided that its final determination is that the amendment involves no significant hazards consideration. The final determination will consider all public and State comments i
l received. Should the Commission take this action, it will publish in the FEDERAL REGISTER a notice of issuance. The Commission expects that the need to take this action will occur very infrequently.
t
. Written comments may be submitted by mail to the Chief, Rules and Directives 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. Copies of written comments received may be examined at the NRC Public Document Room, the Gelman Building,2120 L Street, NW., Washington, DC.
The filing of requests for hearing and petitions for leave to intervene is discussed below.
By July 1,1998
, 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 intervers.
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, the Gelman Building,2120 L Street, NW., Washington, DC, and at the local public document room located at the York County Library,138 East Black Street, Rock Hill, South Carolina 29730. 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 prstition for leave to intervene shall s,et forth with particularity the interest of the petitioner in the proceeding, and how that interest may be L -
. 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 petitioner's interest. The petition should also identify the specific aspect (s) of the subject matter of the proceeding as to which petitioner wishes to interver:e. 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 ins 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
~
. l satisfies these requirements with respect to at least one contention will not be poimitted to participate as a party.
Those permitted to intervene become parties to the proceeding, subject to sny l
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.
I if the amendment is issued before the expiration of the 30-day hearing period, the Commission will make a final determination on the issue of no significant hazards consideration.
If a hearing is requested, 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 i
consideration, the Commission may issue the amendment and make it immediately effective, notwithstanding the reques' 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.
A request for a hearing or a 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 Commission's Public Document Room, the Gelman Building,2120 L Street, NW., Washington, DC, by the above date. A copy of the petition should also be sent to the Office of the General Counsel, U.S. Nuclear Regalatory Commission, Washington, DC 20555-0001, and to Mr. Paul R. Newton, Legal Department (PB05E), Duke Energy Corporation, 422 South Church Street, Charlotte, North Carolina, 28242, attomey for the licensee.
l l
I 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 l
Commission, the presiding officer or the presiding Atomic Safety and Licensing Board that the l
petition and/or request should be granted based upon a balancing of the factors specifed in 10 CFR 2.714(a)(1)(i)-(v) and 2.714(d).
For further details with respect to this action, see the application for amendments dated May 22,1998, which is available for public inspection at the Commission's Public Document Room, the Gelman Building,2120 L Street, NW., Washington, DC, and at the local public document room located at the York County Library,138 East Black Street, Rock Hill, South Carolina 29730.
Dated at Rockville, Maryland, this 27th day of May 1998 FOR THE NUCLEAR REGULATORY COMMISSION C
w Peter S. Tam, Senior Project Manager Project Directorate ll-2 Division of Reactor Projects - 1/11 Office of Nuclear Reactor Regulation l
I i