Carolina Power & Light Co., Brunswick Steam Electric Plant, Units 1 & 2; Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing

NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-325 and 50-324]

Carolina Power & Light Co., Brunswick Steam Electric Plant, Units

1 & 2; 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 Nos.

DPR-71 and DPR-62 issued to Carolina Power & Light Company (the

licensee) for operation of the Brunswick Steam Electric Plant, Units 1

and 2, located in Brunswick County, North Carolina.

The proposed amendment would relocate the instrument response time

tables 3.3.1-2, Reactor Protection System (RPS) Response Times; 3.3.2-

3, Isolation System Instrumentation (ISI) Response Time; and 3.3.3-3,

Emergency Core Cooling System (ECCS) Response Times, from the Technical

Specifications to the Updated Final Safety Analysis Report (FSAR). The

RPS, ISI, and ECCS instrument Limiting Conditions for Operation (LCO)

will be reviewed to read that the instruments ``shall be operable''

without a reference to a specific response time table in these LCOs.

The references to the response time tables will also be deleted from

the Surveillance Requirements.

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. The proposed amendment does not involve a significant

increase in the probability or consequences of an accident

previously evaluated. Relocating the instrument response time tables

to the Updated FSAR is an administrative change which in no way

affects the design or operation of equipment that could initiate or

mitigate any accident previously evaluated.

2. The proposed amendment would not create the possibility of a

new or different kind of accident from any accident previously

evaluated. This amendment is involves [sic] administratively

relocating the response time testing to the Updated FSAR. The

amendment would not affect the operation or design of the plant

equipment; therefore, no new credible accidents are created. In

addition, the proposed amendment would not affect the capability of

the response systems to mitigate the consequences of any accident

previously evaluated; therefore, no new or different accident would

result from this change.

3. The proposed amendment does not involve a significant

reduction in a margin of safety. The amendment would allow increases

to administratively control changes to response time limits for the

involved instrumentation under the provisions of 10 CFR 50.59 and

existing Section 6 Administrative Technical Specifications. No

safety limits are affected by this change. Therefore, the amendment

would not result in a reduction in any 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 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 6/D/22, Two White Flint North, 11555 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 May 26, 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 room located at the University of North Carolina at

Wilmington, William Madison Randall Library, 601 S. College Road,

Wilmington, North Carolina 28403-3297. 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

schedule 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. William H. Bateman, Director,

Project Directorate II-1: 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 Mr. Mark S. Calvert, Senior

Counsel, Brunswick Steam Electric Plant, Post Office Box 10429,

Southport, NC 28461, 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 April 14, 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 University of North Carolina at

Wilmington, William Madison Randall Library, 601 S. College Road,

Wilmington, North Carolina 28403-3297.

Dated at Rockville, Maryland, this 20th day of April, 1994.

For the Nuclear Regulatory Commission.

Patrick D. Milano, Sr.,

Project Manager, Project Directorate II-1, Division of Reactor

Projects--I/II, Office of Nuclear Reactor Regulation.

[FR Doc. 94-10009 Filed 4-25-94; 8:45 am]

BILLING CODE 7590-01-M