[Federal Register Volume 62, Number 39 (Thursday, February 27, 1997)] [Notices] [Pages 8998-9000] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-4855] ======================================================================= ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [Docket Nos. 50-237 and 50-249] Commonwealth Edison Company; Notice of Consideration of Issuance of Amendments to Facility Operating Licenses, 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 Nos. DPR-19 and DPR-25, issued to Commonwealth Edison Company (ComEd, the licensee) for operation of the Dresden Nuclear Power Station, Units 2 and 3, located in Grundy County, Illinois. The proposed amendment would change Technical Specifications (TS) 3.7.K, ``Suppression Chamber,'' and [[Page 8999]] 3.8.C, ``Ultimate Heat Sink,'' to restore the maximum allowable water temperature for the Containment Cooling Service Water inlet and the Suppression Pool. This change is required to restore the capability to operate the facility during the warmer months of the year. 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: (1) Involve a significant increase in the probability or consequences of an accident previously evaluated because of the following: The proposed License Amendment presents the results of new safety analyses which were performed using revised values for certain system and equipment performance parameters that more accurately reflect the Dresden Station design. The changes restore operating limits on the Ultimate Heat Sink and Suppression Pool average water temperature consistent with their design and which will permit operation of the facility during the warmer months of the year. The proposed changes directly effect the initial conditions assumed in the safety analyses for the plant, however new analyses demonstrate that the facility will continue to respond in a manner consistent with the existing safety analyses. The methods for demonstrating the adequacy of the existing design are proposed for change and the amendment details the basis for acceptance of the new methods and parameters proposed. No substantive physical changes to the facility are proposed. The plant will continue to operate in a manner consistent with its original design and the consequences of previously analyzed accidents are not significantly affected by this proposed License Amendment. The proposed changes do not effect systems which are contributors to initiating events for previously evaluated accidents and therefore, the probability of any accident previously evaluated is not increased by the proposed amendment. (2) Create the possibility of a new or different kind of accident from any accident previously evaluated because: The proposed license amendment for Dresden Station does not create the possibility of a new or different kind of accident than previously evaluated for Dresden Station. The proposed changes merely present and incorporate the results of new analyses which demonstrate the ability of the facility to operate consistent with the safety analyses. No substantive physical changes to the facility are proposed. No substantially new modes of operation have been identified or are introduced by the proposed changes. The changes to plant procedures which are required to support the proposed change are consistent with the operating practices and procedures currently used at the facility. Based on this, the proposed change does not create the possibility of a new or different kind of accident from any accident previously evaluated. (3) Involve a significant reduction in the margin of safety because: The proposed license amendment does not significantly effect the margin of safety. The proposed changes merely incorporate new analysis methods and results into the design basis for the facility, as well as restore the limits on UHS [ultimate heat sink] average water temperature and Suppression Pool maximum average water temperature to the limits which have historically existed at the facility. The water temperature limits are changed to permit continued operation of the facility during the warmer months of the year. The new analyses performed include these higher water temperature limits as initial conditions, and utilize new methods and more representative system parameters than existed in previously utilized analytical models of the effected plant systems. The new methods of analysis include modeling of the containment pressure following certain postulated limiting design basis accidents in a time-dependent manner to permit realistic determination of actual pressures which would be expected, as well as the use of improved flow and heat transfer models for determining heat removal rates. An improved representation of actual post-shutdown reactor decay heat is also incorporated into the new analyses. The new analyses demonstrate that with the proposed changes to the Technical Specifications and the more realistic representation of system parameters, Dresden Station will operate in a manner consistent with the previously existing safety analyses. The proposed changes to the way in which the facility is modeled provide additional margin with regard to some key post-accident parameters, such as postulated Peak Clad Temperature which is demonstrated to be reduced significantly. Based on operation of the facility consistent with its historical limits, consistent with the limits of the existing safety analyses results, the improved realism and more representative models of actual postulated plant conditions, and the resulting improvements in key post-accident safety limits, this change does not significantly effect 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 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 Chief, Rules Review and Directives Branch, Division of Freedom of Information and Publications 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 6D22, 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 March 31, 1997 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 [[Page 9000]] 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 Morris Area Public Library District, 604 Liberty Street, Morris, Illinois 60450. 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 20555-0001, 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, 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 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 20555-0001, and to Michael I. Miller, Esquire; Sidley and Austin, One First National Plaza, Chicago, Illinois 60603, 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 February 17, 1997, 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 Morris Area Public Library District, 604 Liberty Street, Morris, Illinois 60450. Dated at Rockville, Maryland, this 21st day of February 1997. For the Nuclear Regulatory Commission. Robert M. Pulsifer, Project Manager, Project Directorate III-2, Division of Reactor Projects--III/IV, Office of Nuclear Reactor Regulation. [FR Doc. 97-4855 Filed 2-26-97; 8:45 am] BILLING CODE 7590-01-P