[Federal Register Volume 69, Number 150 (Thursday, August 5, 2004)]
[Notices]
[Pages 47467-47469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17854]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-251]
Florida Power and Light Co.; 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 Facility Operating License No.
DPR-41, issued to Florida Power and Light (the licensee), for operation
of the Turkey Point Unit 4 located in Miami-Dade County.
The proposed amendment would revise Technical Specifications (TSs)
3/4.1.3.1, 3/4.1.3.2 and 3/4.1.3.5 to allow the use of an alternate
method of determining rod position for the control rod F-8 with the rod
position indicator, until repairs can be conducted at the next outage
which is scheduled for spring 2005.
The reason for the exigency is due to the unanticipated failure of
the Turkey Point Unit 4 Analog Rod Position Indication for control rod
F-8 in Shutdown Bank B, which was last declared inoperable on July 26,
2004, at 8:47 a.m. Additionally, there is a concern regarding excessive
wear due to exercising the movable incore detectors every 8 hours (90
times per month) to comply with the compensatory actions required by
the current Action Statement a. of TS 3.1.3.2.
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.
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 consideration. 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 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. Will operation of the facility in accordance with this
proposed change involve a significant increase in the probability or
consequences of an accident previously evaluated?
No. The proposed change provides an alternative method for
verifying rod position of one shutdown rod. 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 shutdown 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 would not 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 of determining the position of one shutdown rod.
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 would not create the possibility of a new or
different kind of accident from any 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 position indicators 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 rod.
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
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would 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 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 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 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 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.
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. Documents may
be examined, and/or copied for a fee, at the NRC's Public Document
Room, located at One White Flint North, 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 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
01F21, 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
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
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 requestor's/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 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/requestor is aware and on
which the petitioner/requestor intends to rely to establish those facts
or expert opinion. The petitioner/requestor 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/
requestor 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(a)(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, [email protected];
or (4) facsimile transmission addressed to the
[[Page 47469]]
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 e-mail to [email protected]. A copy of the request 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 July 28, 2004, which is available for
public inspection at the Commission's Public Document Room (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 electronically 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 [email protected].
Dated at Rockville, Maryland, this 30th day of July 2004.
For the Nuclear Regulatory Commission.
Eva A. Brown,
Project Manager, Section 2, Project Directorate II, Division of
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 04-17854 Filed 8-4-04; 8:45 am]
BILLING CODE 7590-01-P