Notice of Consideration of Issuance of Amendment to Facility Operating License and Opportunity for a Hearing

NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-277 and 50-278]

Notice of Consideration of Issuance of Amendment to Facility

Operating License and Opportunity for a Hearing

In the matter of Philadelphia Electric Company, Public Service

Electric and Gas Company, Delmarva Power and Light Company, Atlantic

City Electric Company, Peach Bottom Atomic Power Station, Units 2

and 3.

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

considering issuance of an amendment to Facility Operating License Nos.

DPR-44 and DPR-56, issued to the Philadelphia Electric Company (PECO,

the licensee), for operation of the Peach Bottom Atomic Power Station,

Units 2 and 3 (Peach Bottom, PBAPS), located in York County,

Pennsylvania.

The proposed amendment, requested by the licensee in a letter dated

September 29, 1994, as supplemented by letters dated March 3, 1995 and

March 30, 1995, would represent a full conversion from the current

Technical Specifications (TS) to a set of TS based on NUREG-1433,

``Standard Technical Specifications, General Electric Plants, BWR/4,''

Revision O, September 1992. NUREG-1433 has been developed through

working groups composed of both NRC staff members and the BWR/4 owners

and has been endorsed by the staff as part of an industry-wide

initiative to standardize and improve TS. As part of this submittal,

the licensee has applied the criteria contained in the Commission's

Final Policy Statement on Technical Specification Improvements for

Nuclear Power Reactors of July 22, 1993 to the current Peach Bottom

Technical Specifications, and, using NUREG-1433 as a basis, developed a

proposed set of improved TS for PBAPS.

The licensee has categorized the proposed changes to the existing

TS into four general groupings. These groupings are characterized as

administrative changes, relocated changes, more

[[Page 26906]] restrictive changes, and less restrictive changes.

Administrative changes are those that involve restructuring,

interpretation and complex rearranging of requirements and other

changes not substantially revising an existing requirement. The

reformatting, renumbering and rewording process reflects the attributes

of NUREG-1433 and do not involve technical changes to the existing TS.

Such changes are administrative in nature and do not impact initiators

of analyzed events or assumed mitigation of accident or transient

events.

Relocated changes are those involving relocation of requirements

and surveillances for structures, systems, components or variables that

do not meet the criteria for inclusion in TS. The licensees

applications on the screening criteria is described in that portion of

their September 29, 1994 application titled ``Application of Selection

Criteria to the Peach Bottom Atomic Power Station TS.'' The affected

structures, systems, components or variables are not assumed to be

initiators of analyzed events and are not assumed to mitigate accident

or transient events. The requirements and surveillances for these

affected structures, systems, components or variables will be relocated

from the TS to administratively controlled documents. Changes made to

these documents will be made pursuant to 10 CFR 50.59 or other

appropriate control mechanisms. In addition, the affected structures,

systems, components or variables are addressed in existing surveillance

procedures which are also subject to 10 CFR 50.59. These proposed

changes will not impose or eliminate any requirements.

More restrictive changes are those involving more stringent

requirements for operation of the facility. These more stringent

requirements do not result in operation that will alter assumptions

relative to mitigation of an accident or transient event. The more

restrictive requirements will not alter the operation of process

variables, structures, systems and components described in the safety

analyses.

Less restrictive changes are those where existing requirements are

relaxed or eliminated, or new flexibility is provided.

In addition to the changes described above, the licensee proposed

certain changes to the existing technical specifications that deviated

from the standard technical specifications in NUREG-1433. Each of these

additional proposed changes is described below.

The licensee proposed required actions in the event the standby

liquid control system boron solution concentration exceeds 9.82% weight

(proposed specification 3.1.7, Condition A). Under this condition, the

licensee proposed to verify that the concentration and temperature of

the boron in solution is within certain limits within 8 hours. NUREG-

1433 requires restoration of boron concentration within limits within

72 hours.

The licensee proposed to relocate response time testing

requirements for the reactor protection system out of the technical

specifications to plant procedures. Existing Peach Bottom technical

specifications and NUREG-1433 have response time testing requirements

for the reactor protection system.

The licensee proposed a reactor core isolation cooling compartment

and steam line area high temperature instrument calibration frequency

of once per 24 months (proposed surveillance requirement 3.3.6.1.5).

This is less restrictive than the existing technical specifications and

it is a deviation from NUREG-1433, which would impose a calibration

frequency of once per 92 days.

The licensee proposed several relaxations of the current technical

specification requirements for loss of AC power instrumentation. The

licensee proposed a 30-day completion time for actions associated with

an inoperable degraded voltage-high function and a degraded voltage-

non-LOCA function (proposed specification 3.3.8.1, Action B.2). In

addition, the licensee proposed a 2-hour delay for actions required for

inoperable loss of power channels provided the automatic emergency

diesel generator initiation and automation bus transfer functions that

remain are for the remaining emergency buses (proposed Note 2 to

surveillance requirement Table 3.3.8.1). The licensee also proposed to

delete channel calibration surveillance requirements for the emergency

bus loss of voltage function (proposed specification Table 3.3.8.1-1).

The proposed changes are less restrictive than the existing Peach

Bottom technical specification and are deviations from the requirements

in NUREG-1433.

The licensee proposed to modify existing requirements for the

containment atmospheric dilution system nitrogen storage tank levels

(proposed surveillance requirement 3.6.1.3.1). The licensee proposed to

change the required level from 2500 gallons to 16 inches of water. This

is less restrictive than the existing Peach Bottom technical

specifications and is a deviation from the requirements of NUREG-1433

because NUREG-1433 does not have requirements for containment

atmospheric dilution system nitrogen storage tank levels.

The licensee proposed to extend the suppression pool spray header

air test from once per 5 years to once per 10 years (proposed

surveillance requirement 3.6.2.4.2). NUREG-1433 implements a flow test

to verify the spray header is unobstructed.

The licensee proposed a 14-day completion time to restore single

inoperable emergency cooling tower fan (proposed specification 3.7.3,

Condition A). The existing technical specification do not have specific

requirements for a single inoperable fan. NUREG-1433 does not have

requirements for the emergency cooling tower.

The licensee proposed required actions for the DC electrical

distribution system. The existing technical specifications for one

Peach Bottom unit do not have explicit action requirements associated

with the inoperability of DC systems in the opposite unit. The proposed

specifications include action requirements associated with the

inoperability of DC systems in the opposite Peach Bottom unit because

the DC systems are shared between the two Peach Bottom units. The

licensee proposed a 7-day completion time to restore the DC subsystem

if the opposite unit DC subsystem is inoperable due to performance of a

battery service or discharge test (proposed specification 3.8.4,

Condition A). The licensee also proposed a 12-hour completion time to

restore the DC subsystem if the opposite unit DC subsystem is rendered

inoperable for reasons other than performance of a battery service or

discharge test (proposed specification 3.8.4, Condition B). NUREG-1443

does not contain requirements associated with the DC subsystems of

shared units.

The licensee proposed an extended surveillance frequency for the DC

systems batteries if the battery was on a equalizing charge during the

previous one day (proposed surveillance requirements 3.8.4.1 and

3.8.6.1). The existing Peach Bottom specifications and NUREG-1433 do

not allow for this extension.

The licensee proposed to allow the Senior Manager of Operations to

have previously held a senior reactor operator license (proposed

specification 5.2.2.f). The existing Peach Bottom specifications and

NUREG-1433 require the Senior Manager of Operations to hold a senior

reactor operator license.

The licensee proposed requirements for the control of high

radiation areas (proposed specification 5.7). The proposed

specifications are based on [[Page 26907]] revisions to 10 CFR part 20.

The proposed specifications are modifications of existing Peach Bottom

specifications and NUREG-1433 requirements.

The licensee proposed changes to the existing environmental

technical specifications (proposed Appendix B to the facility operating

license). The proposed changes reformat and renumber existing Appendix

B requirements into changes consistent with the specifications in

Appendix A. NUREG-1433 does not address Appendix B environmental

specifications.

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.

By June 19, 1995, 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. Request 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, and at the local public

document room located at the State Library of Pennsylvania, (REGIONAL

DEPOSITORY) Government Publications Section, Education Building, Walnut

Street and Commonwealth Avenue, Box 1601, Harrisburg, Pennsylvania

17105. 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 result 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 providing 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 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 limitation 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.

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, 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 John F. Stolz, Director, Project Directorate I-2:

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 James W. Durham, Senior Vice President and General

Counsel, PECO Energy Company, 2301 Market Street, Philadelphia,

Pennsylvania, 19101, 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).

If a request for a hearing is received, the Commission's staff may

issue the amendment after it completes its technical review and prior

to the completion of any required hearing if it publishes a further

notice for public comment of its proposed finding of no significant

hazards consideration in accordance with 10 CFR 50.91 and 50.92.

For further details with respect to this action, see the

application for amendment dated September 29, 1994, as supplemented by

letters dated March 3, 1995 and March 30, 1995, which are available for

public inspection at the Commission's Public Document Room, the Gelman

Building, 2120 L Street, NW., Washington, DC, and at the local public

document room located at the State Library of Pennsylvania, (Regional

Depository) Government Publications Section, Education Building, Walnut

Street and Commonwealth Avenue, Box 1601, Harrisburg, Pennsylvania

17105.

Dated at Rockville, Maryland, this 12th day of May 1995.

[[Page 26908]] For the Nuclear Regulatory Commission.

David H. Moran,

Acting Director, Project Directorate I-2, Division of Reactor

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

[FR Doc. 95-12343 Filed 5-18-95; 8:45 am]

BILLING CODE 7590-01-M