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

NUCLEAR REGULATORY COMMISSION

[Docket No. 50-413]

Duke Power Co.; 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 an amendment to Facility Operating License No.

NPF-35 issued to Duke Power Company (the licensee) for operation of the

Catawba Nuclear Station, Unit 1, located in York County, South

Carolina.

The proposed amendment would revise Technical Specification (TS) 3/

4.2.5.3 which currently requires the determination of the reactor

coolant system (RCS) flow rate by precision heat balance measurement at

least once per 18 months. The precision heat balance measurement is

used to calculate RCS flow based on gross steam generator thermal

output and measurements of RCS hot and cold leg temperatures. Once the

RCS flow is determined by this method, the cold leg elbow tap flow

coefficients are adjusted to reproduce the RCS flow indication

determined by the calorimetrics. Recently, the precision heat balance

has been adversely affected by the hot leg temperature streaming effect

and has been the cause of unsubstantiated RCS flow measurement

decreases. Changes in the calorimetrics result from changes in core

exit temperature and/or flow distributions that can significantly

affect the average T-hot as measured by the hot leg RTDs. Elbow tap

delta-Ps and analytical prediction of flow do not confirm the RCS flow

rates determined by the periodic calorimetrics. It is proposed that the

current requirements of TS 4.2.5.3 be changed to require that the RCS

flow rate be determined by measurements at least once per 18 months. By

replacing the phrase ``precision heat balance measurement'' with

``measurement,'' this will allow RCS flow determination by elbow tap

delta-P measurement. The licensee states that the elbow tap delta-P

method of flow determination was initially used at McGuire Nuclear

Station and was dropped in favor of a precision calorimetric each

cycle. At the time, November 1982, McGuire was having difficulty

meeting the TS flow limit and the precision calorimetric was considered

more accurate and allowed substantial margin gain. With the advent of

more severe temperature and flow gradients in the hot legs, the

precision calorimetrics were affected and resulted in nonphysical

indicated flow decreases in the RCS. The elbow tap delta-P indications

will provide an indication of flow which is not dependent on future

changes in hot leg temperature measurement and, therefore, will provide

an improvement in flow surveillance accuracy.

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) This amendment will not significantly increase the

probability or consequence of any accident previously evaluated.

No component modification, system realignment, or change in

operating procedure will occur which could affect the probability of

any accident or transient. The change in method of flow measurement

will not change the probability of actuation of any Engineered

Safeguard Feature or other device. The actual flow rate will not

change. The consequences of previously-analyzed accidents will not

change as a result of the new method of flow measurement.

(2) This amendment will not create the possibility of any new or

different accidents not previously evaluated.

No component modification or system realignment will occur which

could create the possibility of a new event not previously

considered. The elbow taps are already in place, and are used to

monitor flow for the Reactor Protection System. They will not

initiate any new events.

(3) This amendment will not involve a significant reduction in a

margin of safety.

As described in [the licensee's application], the change in

method of RCS flow measurement will provide a more accurate

indication of the flow. The actual flow rate will not be affected.

The revised setpoints for low reactor coolant flow are driven by

changes to statistical allowances and do not represent substantive,

or less conservative, changes. There is no 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 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 P-223, Phillips Building, 7920 Norfolk Avenue,

Bethesda, 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 February 25, 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

document room located at York County Library, 138 East Black Street,

Rock Hill, South Carolina 29730. 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 Loren R. Plisco: 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 January 10, 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 York County Library, 138 East

Black Street, Rock Hill, South Carolina 29730.

Dated at Rockville, Maryland, this 19th day of January 1994.

For the Nuclear Regulatory Commission.

Victor Nerses,

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

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

[FR Doc. 94-1606 Filed 1-25-94; 8:45 am]

BILLING CODE 7590-01-M