ML071370659

Frn:General Notice, Revise the Technical Specifications to Allow the Use of an Alternate Method of Determining Rod Position for a Control Rod with an Inoperable Rod Position Indication, for Turkey Point, Unit 3

ML071370659
Person / Time
Site:	Turkey Point
Issue date:	05/17/2007
From:	Mozafari B NRC/NRR/ADRO/DORL/LPLII-2
To:	Stall J Florida Power & Light Co
Mozafari B, NRR/ADRO/DORL, 415-2020
References
TAC MD5569
Download: ML071370659 (10)

Text

May 17, 2007Mr. J. A. StallSenior Vice President, Nuclear and Chief Nuclear Officer Florida Power and Light Company P.O. Box 14000 Juno Beach, Florida 33408-0420

SUBJECT:

TURKEY POINT NUCLEAR PLANT, UNIT 3 - NOTICE OF CONSIDERATIONOF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE, PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION, AND OPPORTUNITY FOR A HEARING (TAC NO. MD5569)

Dear Mr. Stall:

Enclosed is a copy of the subject notice for your information. This notice relates to youramendment application for Turkey Point, Unit 3, dated May 17, 2007, which would revise the Technical Specifications to allow the use of an alternate method of determining rod position for a control rod with an inoperable rod position indication. This would be effective during the current Unit 3 operating cycle until repair of the indication system can be completed, but no later than the Unit 3 outage scheduled for the fall of 2007.This notice has been sent to the Office of the Federal Register for publication.Sincerely,

/RA/

Brenda L. Mozafari, Senior Project ManagerPlant Licensing Branch II-2 Division of Operating Reactor Licensing Office of Nuclear Reactor RegulationDocket No. 50-250

Enclosure:

Notice cc w/encl: See next page

ML071370659NRR-041OFFICELPLII-2/PMLPLII-2/LALPLII-2/BCNAMEBMozafariBClaytonTBoyce DATE05/17/0705/17/0705/17/07 7590-01-PUNITED STATES NUCLEAR REGULATORY COMMISSIONFLORIDA POWER AND LIGHT COMPANYDOCKET NO. 50-250NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TOFACILITY OPERATING LICENSE, PROPOSED NO SIGNIFICANT HAZARDSCONSIDERATION DETERMINATION, AND OPPORTUNITY FOR A HEARINGThe U.S. Nuclear Regulatory Commission (the Commission) is considering issuance ofan 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 recentadditional 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 hours9.259259e-5 days <br />0.00222 hours <br />1.322751e-5 weeks <br />3.044e-6 months <br /> (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 theCommission's regulations.The Commission has made a proposed determination that the amendment requestinvolves 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 ispresented below:

1.Will operation of the facility in accordance with this proposed change involve asignificant increase in the probability or consequences of an accident previously evaluated?No. The proposed change provides an alternative method for verifying rod position ofcontrol 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 wouldnot 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 ofdetermining 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 wouldnot 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 positionindicators 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 wouldnot 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 daysafter 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 andEditing 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 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 arequest 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 forleave 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 hearingor an appropriate order.As required by 10 CFR 2.309, a petition for leave to intervene shall set forth withparticularity 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 beraised 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 anylimitations 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 ofno 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 adetermination 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 classmail 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 transmissionaddressed 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 therequest 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 haveaccess 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 17th day of May 2007. /RA/Brenda L. Mozafari, Senior Project ManagerPlant Licensing Branch II-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Mr. J. A. StallTURKEY POINT PLANT Florida Power and Light Company cc:Mr. William E. Webster Vice President, Nuclear Operations Florida Power & Light Company P.O. Box 14000 Juno Beach, FL 33408-0420 M. S. Ross, Managing Attorney Florida Power & Light Company P.O. Box 14000 Juno Beach, FL 33408-0420

Marjan Mashhadi, Senior Attorney Florida Power & Light Company 801 Pennsylvania Avenue, NW.

Suite 220 Washington, DC 20004T. O. Jones, Site Vice PresidentTurkey Point Nuclear Plant Florida Power and Light Company 9760 SW. 344th Street Florida City, FL 33035 County Manager Miami-Dade County 111 Northwest 1 Street, 29th Floor Miami, Florida 33128 Senior Resident InspectorTurkey Point Nuclear Plant U.S. Nuclear Regulatory Commission 9762 SW. 344 th StreetFlorida City, Florida 33035Mr. William A. Passetti, ChiefDepartment of Health Bureau of Radiation Control 2020 Capital Circle, SE, Bin #C21 Tallahassee, Florida 32399-1741Mr. Craig Fugate, DirectorDivision of Emergency Preparedness Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399-2100Attorney General Department of Legal Affairs The Capitol Tallahassee, Florida 32304Michael O. PearcePlant General Manager Turkey Point Nuclear Plant Florida Power and Light Company 9760 SW. 344th Street Florida City, FL 33035James Connolly, Licensing ManagerFlorida Power and Light Company Turkey Point Nuclear Plant 9760 SW 344th Street Florida City, FL 33035Becky FerrareLicensing Department Administrator Turkey Point Nuclear Plant 9760 SW 344th Street Florida City, FL 33035Mark Warner, Vice PresidentNuclear Operations Support Florida Power and Light Company P.O. Box 14000 Juno Beach, FL 33408-0420Mr. Rajiv S. KundalkarVice President - Nuclear Engineering Florida Power & Light Company P.O. Box 14000 Juno Beach, FL 33408-0420