Commonwealth Edison Co.; Notice of Consideration of Issuance of Amendments to Facility Operating Licenses, Proposed No Significant Hazards

NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-295 and 50-304]

Commonwealth Edison Co.; Notice of Consideration of Issuance of

Amendments to Facility Operating Licenses, Proposed No Significant

Hazards

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

considering issuance of an amendment to Facility Operating License Nos.

DPR-39 and DPR-48, issued to the Commonwealth Edison Company (CECo, the

licensee), for operation of the Zion Station, Units 1 and 2, located in

Lake County, Illinois.

The proposed amendments would consist primarily of an

administrative change to the Zion Station's Technical Specifications

(TSs) to reflect an exemption to 10 CFR part 50, appendix J, section

III.D.3.

The exemption from section III.D.3 of appendix J, which is

schedular in nature, would authorize the licensee to defer, on a one

time only basis, the Type C leak rate testing requirements for valves

1(2)MOV-CC685 until the next refueling outage for each unit. NRC

approval of this request would allow CECo continued operation of both

units in full compliance with the operating license.

Emergency circumstances existed in 1991, in that prior to that

date, CECo was unaware of a number of penetrations and their associated

valves, including 1(2)MOV-CC685, which had never been Type C leak rate

tested in accordance with 10 CFR part 50, appendix J. On April 5, 1991,

the NRC issued an Emergency Technical Specification Amendment (EMTSA)

which allowed continued operation of Zion, Units 1 and 2, until their

next refueling outages, at which time the required Type C leak rate

tests for those penetrations were to be performed. The staff expected

that 1(2)MOV-CC685 and the other penetrations would be subjected to the

appropriate modifications and required testing performed, which would

put Zion Station in compliance with the Type C testing requirement.

However, on June 8, 1994, it was determined by Zion Station that the

Type C leak rate testing requirement had inadvertently not been met for

1(2)MOV-CC685. On June 13, 1994, the NRC issued a Notice of Enforcement

Discretion (NOED) not to enforce compliance with the Technical

Specification (TS) for Zion Nuclear Power Station, Units 1 and 2

pending submittal of a schedular exemption request to the requirements

of 10 CFR part 50, appendix J, and a Technical Specification amendment

request. The exigent nature of this request is necessary due to the

identification of this issue after the completion of the Zion Station's

refueling outage and startup operations and is required to be reviewed

quickly by the staff to support an exemption request from the

requirements to test in accordance with 10 CFR part 50, appendix J, for

valves 1(2)MOV-CC685 until the next refueling outage for each unit. The

exemption request was submitted by the licensee in another letter, also

dated June 16, 1994.

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. The proposed amendment does not involve a significant

increase in the probability of occurrence or consequences of any

accident previously evaluated.

The subject pathway and associated containment isolation valves

1(2)MOV-CC685and 1(2)MOV-CC9438 provide the necessary assurance to

conclude that the overall containment leakage rates will remain

within the limits assumed in the accident analysis. Failures in

excess of design basis requirements would be necessary to adversely

impact the offsite dose in the unlikely event of an accident. This

conclusion can be reached since the isolation barriers of the

Component Cooling Water return from the reactor coolant pumps'

thermal barriers meet the following criteria:

--are of seismic design,

--are required to operate post accident (except for large break

LOCA),

--the valves close automatically on Phase B isolation signal,

--are subject to Emergency Operating Procedure guidance for manual

IVSW system actuation,

--are of similar design and exposed to similar environments as those

penetrations that are Type C leak tested,

As such, the consequences of previously evaluated accidents, with

respect to offsite dose considerations, would not be significantly

impacted.

2. The proposed amendment does not create the possibility of a new

or different kind of accident from any previously analyzed.

The proposed changes to the Technical Specifications do not result

in plant operations or configurations that could create a new or

different type of accident. Installed plant equipment is not operated

in a new or different manner. The proposed amendment does not add new

or different types of plant equipment nor do the proposed changes alter

any plant procedures used during recovery from accidents described in

the analysis. As such, it can be concluded that the possibility for a

new or different type of accident has not been introduced.

3. The proposed changes do not involve a significant reduction in a

margin of safety.

As described in Technical Specification Bases, dose calculations

suggest that the public exposure would be well below the 10 CFR 100

values in the event of a design basis accident.

Calculations indicate that the accident leak rate could be allowed

to increase to approximately 0.148%/day before the guidance thyroid

[dose] value given in 10 CFR 100 would be exceeded. However, the 0.1%/

day pre-operational test acceptance criteria provides an adequate

margin of safety to assure the health and safety of the public.

Additional margin is achieved by establishing the allowable operational

leakage rate at 0.075%/day. The measured containment leakage rates are

well within that limit. Despite the lack of Type C testing of the

subject valves in strict compliance with appendix J, substantial

barriers to fission product release are provided by the intact system

piping and associated valves.

Testing that has been completed on the subject valves and

penetrations provides a high degree of confidence that Type C leakage

limits would be met. Based on this it is concluded that the proposed

changes to the Technical Specifications do not involve a significant

reduction in a 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 15 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 15-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 15-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 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 August 1, 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 20555 and at the local public

document room located at the Waukegan Public Library, 128 N. County

Street, Waukegan, Illinois 60085. 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 a 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

respects 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 the amendment is issued before the expiration of the 30-day

hearing period, the Commission will make a final determination on the

issue of no significant hazards consideration. If a hearing is

requested, 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 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; Sidley 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 date June 16, 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 Waukegan Public Library, 128 N. County

Street, Waukegan, Illinois 60085.

Dated at Rockville, Maryland, this 24th day of June 1994.

For The Nuclear Regulatory Commission.

Robert A. Capra,

Project Directorate III-2, Division of Reactor Projects--III/IV, Office

of Nuclear Reactor Regulation.

[FR Doc. 94-15941 Filed 6-29-94; 8:45 am]

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