Carolina Power & Light Company; 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 Company; 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 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 revise the frequency for verifying the

position of the drywell-suppression chamber vacuum breakers when a

valve position indictor is inoperable from at least once every 72 hours

to at least once every 14 days. The proposed change is consistent with

the testing frequency for this equipment that is stipulated in the

Improved Boiling Water Reactor Standard Technical Specifications.

By letter dated September 9, 1994, the licensee requested exigent

handling of the proposed amendment request. The licensee stated that,

on September 3, 1994, the closed position indication was found

inoperable on one vacuum breaker, and they have been performing the

required testing to verify that the vacuum breaker is closed. Since the

plant is in operation and the primary containment suppression chamber

is inerted with nitrogen, the suppression chamber is not accessible to

repair the vacuum breaker position indication without an unscheduled

plant shutdown. To conduct the vacuum breaker test, the nitrogen

pressure is increased inside the drywell to establish the test

pressure. This test reduces the operational margin between the actual

drywell pressure and the high drywell pressure trip setpoint. If this

setpoint is reached or exceeded, a reactor scram and Group 1 isolation

will occur. Therefore, the changes to the test frequency will reduce

the potential for incurring an unnecessary plant transient.

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 or consequences of an accident

previously evaluated.

The proposed change revises the surveillance requirements

associated with inoperable position indication for drywell-

suppression chamber vacuum breakers. No safety-related equipment,

safety function or plant operations will be altered as a result of

the proposed change. The change does not affect the design,

materials, or construction standards applicable to the vacuum

breakers or their position indication instrumentation.

Relaxation of the frequency for verifying the position of the

drywell-suppression chamber vacuum breakers from at least once every

72 hours to at least once every 14 days, as stated in the existing

Technical Specification 3.6.4.1, ACTION c, will not affect the

ability of the drywell-suppression chamber vacuum breakers to

perform their intended safety function. The extended frequency

provides adequate assurance that the vacuum breakers will perform

their intended safety function. Each drywell-suppression chamber

vacuum breaker will continue to be demonstrated OPERABLE and closed

at least once per 31 days and after any discharge of steam to the

suppression chamber in accordance with Technical Specification

4.6.1.a. In addition, the new surveillance requirement provided in

the proposed Technical Specification 4.6.4.1.a will require that

each vacuum breaker be verified to be closed at least once every 14

days. The new surveillance provides further assurance that the

vacuum breakers are capable of performing their design function

under accident conditions of allowing the venting of non-condensible

gases from the suppression chamber to the drywell while not allowing

bypass flow from the drywell to the suppression chamber.

Based on the above, the proposed change does not create a

significant increase in the probability or consequences of an

accident previously evaluated.

2. The proposed change would not create the possibility of a new

or different kind of accident from any accident previously

evaluated.

As stated above, no safety-related equipment, safety function or

plant operations will be altered as a result of the proposed change.

The change does not affect the design, materials, or construction

standards applicable to the vacuum breakers or their position

indication instrumentation.

Relaxation of the frequency for verifying the position of the

drywell-suppression chamber vacuum breakers of the existing

Technical Specification 3.6.4.1, ACTION c from at least once every

72 hours to at least once every 14 days will not affect the ability

of the drywell-suppression chamber vacuum breakers to perform their

intended safety function.

In addition, the new surveillance requirement provided in

proposed Technical Specification 4.6.4.1.a will require that each

vacuum breaker be verified to be closed at least once every 14 days.

The new surveillance will provide further assurance that the vacuum

breakers are capable of performing their design function under

accident conditions without altering plant operations in a manner

that would create a new or different kind of accident.

As such, the proposed license amendment cannot create the

possibility of a new or different kind of accident from any accident

previously evaluated.

3. The proposed amendment does not involve a significant

reduction in a margin of safety.

The proposed change does not involve any changes to the plant

design or operation. Therefore, no margins of safety, as defined by

the plant's accident analyses, are impacted. Relaxation of the

frequency for verifying the position of the drywell-suppression

chamber vacuum breakers of the existing Technical Specification

3.6.4.1, ACTION c from at least once every 72 hours to at least once

every 14 days will not affect the ability of the drywell-suppression

chamber vacuum breakers to perform their intended safety function.

The extended frequency provides adequate assurance that the vacuum

breakers will perform their intended safety function. Each drywell-

suppression chamber vacuum breaker will continue to be demonstrated

OPERABLE and closed at least once per 31 days and after any

discharge of steam to the suppression chamber in accordance with

Technical Specification 4.6.4.1.a.

In addition, performance of Technical Specification 4.6.4.1.b

requires pressurization of the drywell to approximately 1.0 psig and

then verifying that the differential drywell to suppression chamber

pressure is maintained greater than one-half the initial

differential pressure for one hour without nitrogen makeup. During

this evolution actual pressure will increase as high as 1.1 psig

before stablizing. The Drywell Pressure--High setpoint, which

initiates a reactor scram and a Group 1 isolation, is less than or

equal to 2.0 psig (the actual setpoint is 1.8 psig). As such,

performance of this evolution once per 72 hours unnecessarily risks

a plant transient without providing a significant increase in the

level of safety gained by performing the verification on a 14 day

frequency.

The new surveillance requirement provided in proposed Technical

Specification 4.6.4.1.a will require that each vacuum breaker be

verified to be closed at least once every 14 days. The new

surveillance provides further assurance that the vacuum breakers are

capable of performing their design function under accident

conditions of allowing the venting of non-condensible gases from the

suppression chamber to the drywell while not allowing bypass flow

from the drywell to the suppression chamber.

Based on the above reasoning, the proposed license amendment

does not involve a significant reduction in 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 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, 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

20555.

The filing of requests for hearing and petitions for leave to

intervene is discussed below.

By October 3, 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 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 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 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 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 September 9, 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 University of North Carolina at

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

Wilmington, North Carolina 28403-3297.

Dated at Rockville, Maryland, this 13th day of September 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. 94-22985 Filed 9-15-94; 8:45 am]

BILLING CODE 7590-01-M