ML071870235

Peach Bottom, Unit Nos. 2 and 3 - Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing (TAC Nos. MD4823 and MD4824

ML071870235
Person / Time
Site:	Peach Bottom
Issue date:	07/11/2007
From:	Hughey J D NRC/NRR/ADRO/DORL/LPLI-2
To:	Crane C M AmerGen Energy Co
Hughey J D, NRR/DORL, 301-415-3204
References
TAC MD4823, TAC MD4824
Download: ML071870235 (11)

Text

July 11, 2007Mr. Christopher M. CranePresident and Chief Executive Officer AmerGen Energy Company, LLC 4300 Winfield Road Warrenville, IL 60555

SUBJECT:

PEACH BOTTOM ATOMIC POWER STATION, UNITS 2 AND 3 - NOTICE OFCONSIDERATION OF ISSUANCE OF AMENDMENTS TO RENEWED FACILITY OPERATING LICENSES, PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION, AND OPPORTUNITY FOR A HEARING (TAC NOS. MD4823 AND MD4824)

Dear Mr. Crane:

Enclosed is a copy of a "Notice of Consideration of Issuance of Amendments to RenewedFacility Operating Licenses, Proposed No Significant Hazards Consideration Determination, and Opportunity For a Hearing" related to your application for an amendment dated March 6, 2007, for Peach Bottom Atomic Power Station, Units 2 and 3.The amendment request proposes a change to the Technical Specifications regarding the mainsteam isolation valve (MSIV) leakage Surveillance Requirement (SR) 3.6.1.3.14 to establish a total leakage rate limit for the sum of the four main steam lines. The notice has been forwarded to the Office of the Federal Register for publication.Sincerely,/ra/John Hughey, Project ManagerPlant Licensing Branch I-2 Division of Operating Reactor Licensing Office of Nuclear Reactor RegulationDocket Nos. 50-277 and 50-278

Enclosure:

As statedcc w/encl: See next page Peach Bottom Atomic Power Station, Unit Nos. 2 and 3 cc:

Site Vice PresidentPeach Bottom Atomic Power Station Exelon Generation Company, LLC 1848 Lay Road Delta, PA 17314Plant ManagerPeach Bottom Atomic Power Station Exelon Generation Company, LLC 1848 Lay Road Delta, PA 17314Regulatory Assurance ManagerPeach Bottom Atomic Power Station Exelon Generation Company, LLC 1848 Lay Road Delta, PA 17314Resident InspectorU.S. Nuclear Regulatory Commission Peach Bottom Atomic Power Station P.O. Box 399 Delta, PA 17314Regional Administrator, Region IU.S. Nuclear Regulatory Commission

475 Allendale Road King of Prussia, PA 19406Mr. Roland FletcherDepartment of Environment Radiological Health Program 2400 Broening Highway Baltimore, MD 21224Correspondence Control DeskExelon Generation Company, LLC P. O. Box 160 Kennett Square, PA 19348Director, Bureau of Radiation ProtectionPennsylvania Department of Environmental Protection Rachel Carson State Office Building P.O. Box 8469 Harrisburg, PA 17105-8469Board of SupervisorsPeach Bottom Township 545 Broad Street Ext.

Delta, PA 17314-9203Mr. Richard McLeanPower Plant and Environmental Review Division Department of Natural Resources B-3, Tawes State Office Building Annapolis, MD 21401Dr. Judith JohnsrudNational Energy Committee Sierra Club 433 Orlando Avenue State College, PA 16803Manager-Financial Control & Co-Owner Affairs Public Service Electric and Gas Company P.O. Box 236 Hancocks Bridge, NJ 08038-0236Manager Licensing-Peach Bottom Atomic Power Station Exelon Generation Company, LLC 200 Exelon Way, KSA -3E Kennett Square, PA 19348Vice President - Licensing and RegulatoryAffairs Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555Vice President-Operations Mid-AtlanticExelon Generation Company, LLC 200 Exelon Way, KSA 3-N Kennett Square, PA 19348Associate General CounselExelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555Director-Licensing and Regulatory AffairsExelon Generation Company, LLC 200 Exelon Way, KSA 3-E Kennett Square, PA 1934

ML071870235 OFFICELPL1-2/PMLPL3-2/LALPL1-2/BC NAMEJHugheyEWhitt (MO'Brien for w/ comments)HChernoff DATE07/09/200707/09/2007 07/11/2007 7590-01-PUNITED STATES NUCLEAR REGULATORY COMMISSIONEXELON GENERATION COMPANY, LLC, AND PSEG NUCLEAR, LLCDOCKET NOS. 50-277 AND 50-278NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENTS TORENEWED FACILITY OPERATING LICENSES, PROPOSED NO SIGNIFICANTHAZARDS CONSIDERATION DETERMINATION, AND OPPORTUNITY FOR A HEARINGThe U.S. Nuclear Regulatory Commission (the Commission) is considering issuance ofan amendment to Renewed Facility Operating License Nos. DPR-44 AND DPR-56 issued to Exelon Generation Company, LLC, and PSEG Nuclear, LLC (the licensees), for operation of the Peach Bottom Atomic Power Station (PBAPS), Unit 2 and 3 located in York and Lancaster Counties, Pennsylvania.The proposed amendment would modify the main steam isolation valve (MSIV) leakageTechnical Specification (TS) Surveillance Requirement (SR) 3.6.1.3.14 to establish a total leakage rate limit for the sum of the four main steam lines.Before issuance of the proposed license amendment, the Commission will have madefindings 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 requestinvolves no significant hazards consideration. Under the Commission's regulations in Title 10 of the CODE OF FEDERAL REGULATIONS (10 CFR), Part 50, 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 CFR50.91(a), the licensee has provided its analysis of the issue of no significant hazards consideration, which is presented below:1.Does the proposed amendment involve a significant increase in the probability orconsequences of an accident previously evaluated?Response: NoThe proposed amendment results in no change in radiological consequencesof the design basis LOCA as currently analyzed for Peach Bottom AtomicPower Station [PBAPS]. This analysis was calculated assuming a combined total MSlV leakage at accident pressure for determining acceptance to the regulatory limits for the offsite, control room and Technical Support Center(TSC) radiation doses as contained in 10CFR 100 and 10CFR 50, AppendixA, GDC 19. The proposed change does not compromise existing radiological equipment qualification, since the combined total MSlV leakage rate has been factored into existing equipment qualification analyses for 10CFR 50.49. This change will not alter the operation of process variables, structures, systems, or components as described in the PBAPS Updated Final Safety Analysis Report (UFSAR). The proposed amendment does not alter the operational capability of the MSIVs. Therefore, based on the above information, the proposed amendment doesnot involve a significant increase in the probability or consequences of anaccident previously evaluated.2.Does the proposed amendment create the possibility of a new or different kind ofaccident from any accident previously evaluated?Response: NoThe proposed amendment does not modify the MSlVs or any other plantsystem or structure associated with this amendment and therefore, will not affect their capability to perform their design functions. The combined total main steam line leakage rate is included in the current radiological analyses for the assessment of radiation exposure following an accident. This proposal changes the allowable leakage rate from a per valve limit to a totalcombined leakage rate limit for all four main steam lines, but does not change the cumulative limit. The proposed change does not affect the responses ofplant equipment to transient or accident conditions. The proposedamendment does not change or introduce any new equipment, modes of system operation or failure mechanisms. Therefore, based on the above information, the proposed amendment does not create the possibility of a new or different kind of accident from anypreviously evaluated.3.Does the proposed amendment involve a significant reduction in a margin ofsafety?Response: NoThe proposed amendment has no impact on equipment design or operation,and there are no changes being made to safety limits or safety system allowable values that would adversely affect plant safety. The proposed change does not affect safety analysis assumptions or initial conditions andtherefore, the margin of safety in the original safety analyses are maintained.

The leakage rate limit specified for the MSlVs is used to quantify the maximum amount of bypass leakage assumed in the LOCA radiological analysis. Results of the analysis are evaluated against the dose guidelines contained in 10CFR 100 and 10CFR 50, Appendix A, GDC 19. The margin ofsafety in this context is considered to be the difference between thecalculated dose exposures and the guidelines provided by 10CFR 100 andGDC 19. Therefore, since the proposed combined total main steam line leakage rate limit is unchanged from the assumed maximum leakage rate for MSlVs for the purpose of calculating potential radiation dose, the margin of safety is not affected.The NRC staff has reviewed the licensee's analysis and, based on this review, itappears 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. Anycomments 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 waywould 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 SignificantHazards 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 toRoom 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 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 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 hearing or 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 orfact. 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. NuclearRegulatory 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 Mr. Brad Fewell, Assistant General Counsel, Exelon Generation Company, LLC, 4300 Winfield Road,Warrenville, IL 60555, attorney for the licensee.For further details with respect to this action, see the application for amendment datedMarch 6, 2007, which is available for public inspection at the Commission's PDR, located at One White Flint North, Public File 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 11th day of July 2007. FOR THE NUCLEAR REGULATORY COMMISSION/ra/John Hughey, Project ManagerPlant Licensing Branch I-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation