Duke Power Co.; Consideration of Issuance of Amendments to Facility Operating Licenses, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing

NUCLEAR REGULATORY COMMISSION

Duke Power Co.; Consideration of Issuance of Amendments to

Facility Operating Licenses, Proposed No Significant Hazards

Consideration Determination, and Opportunity for a Hearing

[Docket Nos. 50-369 and 50-370]

The U.S. Nuclear Regulatory Commission (the Commission) is

considering issuance of amendments to Facility Operating License No.

NPF-9 and Facility Operating License No. NPF-17 issued to Duke Power

Company (the licensee) for operation of the McGuire Nuclear Station,

Units 1 and 2, located in Mecklenberg County, North Carolina.

The proposed amendments would change the Technical Specifications

to increase Main Steam and Pressurizer Code Safety Valve Setpoint

Tolerances.

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:

The proposed amendment will not result in a significant increase

in the probability or consequences of any previously analyzed

accident. The valve lift setting is challenged only after a

transient has been initiated and is not a contributor to the

probability of any transient or accident. The transients which

involve pressure increases which would potentially challenge the

safety valves have been analyzed to determine the consequences of

delayed or premature valve actuation at the extremes of the new

setpoint tolerances. These analyses show that all applicable

acceptance criteria are met using the wider tolerances.

The proposed amendment will not result in the creation of any

new accident not previously evaluated. As noted above, the setpoint

tolerance only affects the time at which the safety valve opens

following or during a transient, and is not a contributor to the

probability of an accident.

The proposed amendment will not result in a significant decrease

in a margin of safety. The limiting transient in each accident

category has been analyzed to determine the affect of the change in

lift setpoint tolerance on the transient. In each case, the results

of the analyses met all applicable criteria.

Bases on the above, it is conclude that no significant hazard

considerations exist.

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, 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 July 21, 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 a local

public document room located at Atkins Library, University of North

Carolina, Charlotte (UNCC Station), North Carolina 28223. 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

David B. Matthews 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. Albert Carr, Duke Power Company, 422

South Church Street, Charlotte, North Carolina 28242, 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 amendments dated May 5, 1994, as supplemented June 13,

1994, which are 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

Atkins Library, University of North Carolina, Charlotte (UNCC Station),

North Carolina 28223.

Dated at Rockville, Maryland, this 15th day of June 1994.

For the Nuclear Regulatory Commission.

Victor Nerses,

Project Manager, Project Directorate II-3, Division of Reactor

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

[FR Doc. 94-15023 Filed 6-20-94; 8:45 am]

BILLING CODE 7590-01-M