[Federal Register Volume 59, Number 156 (Monday, August 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19904]


[[Page Unknown]]

[Federal Register: August 15, 1994]


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NUCLEAR REGULATORY COMMISSION
[Docket Nos. STN 50-454, STN 50-455, STN 50-456, STN 50-457]

 

Commonwealth Edison 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 amendments to Facility Operating License No. 
NPF-37, NPF-66, NPF-72, and NPF-77, issued to Commonwealth Edison 
Company (the licensee), for operation of Byron Station, Units 1 and 2, 
located in Ogle County, Illinois and Braidwood Station, Units 1 and 2, 
located in Will County, Illinois.
    The proposed amendments consist of two parts: Part one, would 
revise ``Moderator Temperature Coefficient (MTC)'' Technical 
Specifications (TSs) to allow the use of a slightly positive MTC for 
the core design. The licensee has stated that a positive MTC will 
reduce the burnable rod requirements and improve operational 
flexibility. Because of using a positive MTC, the TSs would be revised 
to permit a higher boron concentration in the refueling water storage 
tank, the reactor coolant system (RCS) accumulators, and the refueling 
cavity, in order to ensure adequate shutdown margin is maintained at 
all times. Part two, would revise the TSs to reduce the required RCS 
flow to offset any reduction in flow due to increased steam generator 
tube plugging. Additionally, the associated Bases for the above TSs 
would be revised to describe the basis for the TS requirements.
    Because Byron, Unit 1, and Braidwood, Unit 2, will be in refueling 
outage in the fall of 1994, the proposed TS changes will apply to them. 
Byron, Unit 2 and Braidwood, Unit 1 will continue to operate in 
accordance with the current TSs. the licensee's submittal identified 
the appropriate unit applicability of the TSs pertaining to the 
positive MTC and the required FCS flows.
    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 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:
    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:

    A. The proposed changes do not involve a significant increase in 
the probability or consequences of an accident previously evaluated.
    (1) The reduced thermal design flow and positive moderator 
temperature coefficient program includes corresponding increases to 
the [refueling water storage tank] RWST and accumulator required 
boron concentration. The analysis program and associated boron 
concentration changes will not affect the operability and integrity 
of plant systems and components. The analysis program also does not 
result in a condition that would challenge the design, material, and 
construction standards of the plant systems and components. 
Additionally, the safety functions of the evaluated systems and 
components remain unchanged. The safety analyses necessary to 
support the reduced [thermal design flow] TDF and [positive 
moderator temperature coefficient] PMTC program were performed (WCAP 
13964) and found to be acceptable and consistent with the Byron and 
Braidwood original safety analysis bases. All Departure from 
Nucleate Boiling (DNB) Ratio (DNBR) design limits were determined 
such that there was a 95 percent probability at a 95 percent 
confidence level that a DNBR value of 1.25 for a typical and thimble 
cell were verified to have been met. The present Technical 
Specification limit for Nuclear Enthalpy Rise Hot Channel Factor, 
FNH of less than 1.65 ensures that the 
limiting DNB ratio during normal operations and operational 
transients (Condition I and Condition II events) is greater than or 
equal to the DNBR limit of the correlation being applied thus fuel 
integrity will not be challenged.
    The accidents which are found to be sensitive to PMTC were 
analyzed as part of this effort and the results were found to be 
acceptable. On a cycle-by-cycle basis, the impact of PMTC on 
Anticipated Trip Without Scram (ATWS) risk will be addressed by 
determining the Unfavorable Exposure Time (UET) per established 
Westinghouse Owners Group methodology, with corrective actions to be 
taken as appropriate to assure acceptable risk. The increase in the 
RWST and accumulator boron concentration will have no adverse impact 
on the previously evaluated accidents. The SGTP/TDF/PMTC program 
does not affect the integrity of the safety related systems and 
components such that their function to control radiological 
consequences is affected and all fission barriers will remain intact 
. The effects on offsite doses have been considered. The 
incorporation of a PMTC, a reduction in TDF and increased tube 
plugging levels will result in a small increase in offsite doses, 
however, the total doses remain a small fraction of the 10 CFR 100 
limits. As such, the accident analysis acceptance criteria continue 
to be satisfied. Therefore, the probability or consequences of an 
accident previously analyzed in the [Updated Final Safety Analysis 
Report] UFSAR is not increased by the SGTP/TDF/PMTC program.
    B. The proposed changes do not create the possibility of a new 
or different type of accident from any accident previously 
evaluated.
    (2) The methodology and manner of plant operation as a result of 
the proposed changes is unchanged. The increased SGTP, reduced TDF, 
and PMTC program, which includes changes to the RWST and accumulator 
boron concentration, does not impact the safe operation of the 
reactor provided that the existing and proposed Limiting Conditions 
for Operation (LCOs) and the associated action requirements are 
satisfied.
    The reactor response to normal temperature fluctuations will be 
different due to PMTC, however, the normal reactor control systems, 
as designed, will continue to maintain a stable primary system 
temperature and reliable power production. The assumptions do not 
create any new failure modes that could adversely impact safety 
related equipment. The related Safety Limits and LCOs in the plant 
Technical Specifications will be evaluated and satisfied for each 
future reload core design via the 10 CFR 50.59 process. All DNBR 
Limits have been satisfied. The typical and thimble fuel cells were 
verified to maintain a DNBR value of 1.25 at a 95 percent 
probability and 95 percent conference level. Other than the analysis 
for tube plugging, the proposed changes do not involve any equipment 
additions or modifications at the stations. Currently installed 
equipment will not be operated in a manner different than previously 
designed. Changes will be made to technical data within the existing 
station procedures, however, the analytical methods used to 
determine the data also remain unchanged. All aspects of the SGTP/
TDF/PMTC program have been evaluated, and no new or different 
accidents or failure modes have been identified for any system or 
component important to safety. No new credible limiting single 
failure has been created.
    Because the SGTP/TDF/PMTC program does not adversely affect the 
integrity of the steam generator or any other equipment, it is 
determined that the proposed changes do not create the possibility 
of a new or different type of accident from any accident previously 
evaluated.
    C. The proposed changes do not involve a significant reduction 
in a margin of safety.
    (3) The performance and integrity of the evaluated safety-
related systems and components are not affected by the proposed 
changes. The radiological consequences of all previously analyzed 
accidents remain unchanged. The reduced TDF and PMTC program, which 
includes changes to the RWST and accumulator boron concentration, 
will have no effect on the availability, operability, or performance 
of the evaluated safety-related systems or components. The reactor 
response to normal temperature fluctuations will be different due to 
PMTC, however, the normal reactor control systems, as designed, will 
continue to maintain a stable primary system temperature and 
reliable power production. The margin of safety associated with the 
licensing basis safety analysis is not significantly reduced by the 
proposed changes. All acceptance criteria for the specific UFSAR 
Chapter 15 safety analyses (Non-LOCA and LOCA) have been 
satisfactorily evaluated and verified using NRC approved 
methodologies. Therefore, there is no significant reduction in the 
margin of safety as defined in the bases of any affected Technical 
Specification.

    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 the 30-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 30-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 and provide for opportunity for a hearing 
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 Rules Review and 
Directives Branch, Division of Freedom of Information and Publications 
Services, Office of Administration, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555, and should cite the publication date and page 
number of this Federal Register notice. Written comments may also be 
delivered to Room 6D22, Two White Flint North, 11455 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 
20555.
    The filing of requests for hearing and petitions for leave to 
intervene is discussed below.
    By September 14, 1994, 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 2.714 which 
is available at the Commission's Public Document Room, the Gelman 
Building, 2120 L Street, NW., Washington, DC 20555 and at the local 
public document rooms, which for Byron is located at the Byron Public 
Library, 109 N. Franklin, Byron, Illinois 61010; and for Braidwood is 
located at the Wilmington Township Public Library, 201 S. Kankakee 
Street, Wilmington, Illinois 60481. 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 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 factors: (1) the nature of the petitioner's right under the 
Act to be made party to the proceeding; (2) the nature and extent of 
the petitioner's 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 intervene. 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 the 
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 satisfies 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, including the opportunity to present evidence and cross-
examine witnesses.
    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.
    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, Attention: Docketing and Services 
Branch, or may be delivered to the Commission's Public Document Room, 
the Gelman Building, 2120 L Street, NW., Washington, DC 20555, by the 
above date. Where petitions are filed during the last 10 days of the 
notice period, it is requested that the petitioner promptly so inform 
the Commission by a toll-free telephone call to Western Union at 1-
(800) 248-5100 (in Missouri 1-(800) 342-6700). The Western Union 
operator should be given Datagram Identification Number N1023 and the 
following message addressed to Mr. Robert A. Capra: petitioner's name 
and telephone number, date petition was mailed, plant name, and 
publication date and page number of this Federal Register notice. A 
copy of the petition should also be sent to the Office of the General 
Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and 
to Michael I. Miller, Esquire; Sidney and Austin, One First National 
Plaza, Chicago, Illinois 60690, attorney for the licensee.
    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 Commission, the presiding 
officer or the presiding Atomic Safety and Licensing Board that the 
petition and/or request should be granted based upon a balancing of the 
factors specified 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 amendment dated March 11, 1994, which is available for 
public inspection at the Commission's Public Document Room, the Gelman 
Building, 2120 L Street, NW., Washington, DC 20555 and at the local 
public document room located at the local public document rooms, which 
for Byron is located at the Byron Public Library, 109 N. Franklin, P.O. 
Box 434, Byron, Illinois 61010; and for Braidwood is located at the 
Wilmington Public Library, 201 S. Kankakee Street, Wilmington, Illinois 
60481.

    Dated At Rockville, Maryland, this 4th day of August 1994.

    For the Nuclear Regulatory Commission.
George F. Dick, Jr.,
Project Manager, Project Directorate III-2, Division of Reactor 
Projects--III/IV, Office of Nuclear Reactor Regulation.
[FR Doc. 94-19904 Filed 8-12-94; 8:45 am]
BILLING CODE 7590-01-M