Commonwealth Edison Company; Notice of Consideration of Issuance of Amendments to Facility Operating Licenses, Proposed No Significant Hazards Consideration Determination, and Opportunity For a Hearing

NUCLEAR REGULATORY COMMISSION

[Docket Nos. STN 50-455 AND STN 50-457]

Commonwealth Edison Company; Notice of Consideration of Issuance

of Amendments to Facility Operating Licenses, Proposed No Significant

Hazards Consideration Determination, and Opportunity For a Hearing

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

considering issuance of amendments to Facility Operating License Nos.

NPF-66 and NPF-77, issued to Commonwealth Edison Company (ComEd, the

licensee), for operation of Byron Station, Unit 2, located in Ogle

County, Illinois and Braidwood Station, Unit 2, located in Will County,

Illinois.

The proposed amendments would revise the technical specifications

(TS) and associated bases for TS 4.5.2.b.1 related to the requirement

to vent the emergency core cooling system (ECCS) pump casing and high

points outside containment. The proposed changes will revise the

venting requirement to encompass the non-operating ECCS pumps and

discharge piping which are provided with high point vent valves.

Additionally, the wording of the surveillance will be revised to

clearly indicate that the installed high point vent valves and pump

casing vent valves will be utilized to accomplish the venting

operation. A new requirement will be added to ultrasonically examine

the discharge piping of the idle centrifugal pump and the portion of

the piping upstream of the high head safety injection isolation valves

adjacent to the vent valve every 31 days.

On May 22, 1997, during review of a Byron surveillance procedure

for implementing TS 4.5.2.b.1 requirements for venting the ECCS, the

staff identified that the licensee was not in literal compliance with

the TS requirements for venting the centrifugal charging (CV) pumps (an

ECCS subsystem) and discharge piping. The TS require the ECCS pumps and

discharge piping to be vented every 31 days. Prior to questions raised

by the staff, ComEd considered themselves to be in compliance with the

TS by crediting the dynamic venting action of the operating CV pump as

meeting the requirement to ensure that the ECCS piping is full of

water. For the piping not directly in the flowpath, gas accumulation

was judged not to be credible due to the pressure inside the piping.

The idle CV pump was considered to be self-venting due to the system

design and piping configuration. During the May 22, 1997, discussions,

ComEd was informed that with regard to the high points in the CV pump

discharge lines, discharge piping downstream of the standby CV pump and

the piping upstream of the high head safety injection valves, that

includes the high point vent valve are not subject to system flow and

are, therefore, not flushed or vented. Although ComEd considered all CV

pumps to be operable, it concluded that the plants were not in literal

compliance with the TS and both trains of CV were declared inoperable

at 7:00 p.m. CDT. The licensee subsequently requested a Notice of

Enforcement Discretion (NOED) to continue operation. A NOED was granted

on May 23, 1997. Subsequent to issuance of the NOED, on May 24, 1997,

the licensee submitted, in accordance with NRC procedures, a request

for exigent license amendments to bring the plant operating

configuration and the TS into conformance.

The May 24, 1997, application was supplemented on May 31, 1997, by

requesting an emergency license amendment for Byron, Unit 1, only.

Amendment No. 90 was issued for Byron, Unit 1, on June 1, 1997.

Before issuance of the proposed license amendments, 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 amendments

requested involve 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 amendments 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 change does not involve a significant increase

in the probability or consequences of an accident previously

evaluated.

The changes proposed in this request will align the surveillance

requirements with the installed system design and normal operating

conditions. No increase in the probability of an accident will occur

as a result of this change. The conduct of surveillances required by

the Technical Specifications are not postulated to result in

accident initiation. The level of surveillance performed to date has

provided confidence that the objective of the current surveillance

requirement has been met. Ultrasonic examinations of CV piping which

had not been manually vented show that the affected piping is water

solid. The design of the pumps and installed piping configuration

are such that the standby pump is maintained under a positive

pressure. Evaluations previously performed in support of Amendment

36 confirmed that hydrogen introduced into the VCT [volume control

tank] will not come out of solution in the CV pump suction line.

Experience with performing the manual venting for all ECCS

subsystems to date has not resulted in the identification of

significant voiding. This was verified by a search of the station's

Problem Identification database. The applicable surveillance

procedure for performing the venting requires that a Problem

Identification Form be generated if significant voiding is

experienced. No such problems have been identified. As such, the

proposed change does not result in a significant increase in the

probability of occurrence of a previously analyzed accident.

The consequences of a previously analyzed accident are not

increased. Operating experience has shown that the level of

surveillance performed to date is sufficient to provide confidence

that no significant voiding has occurred in the affected piping.

Ultrasonic examinations have confirmed the water solid condition of

the piping. Even though voiding is not expected, evaluation of

postulated voided conditions confirm that

[[Page 31634]]

unacceptable dynamic loading would not occur, and therefore the

integrity of the ECCS piping is not compromised. Thus, the ECCS will

be capable of performing its design function. This will ensure that

the consequences of a previously analyzed accident are not

significantly increased.

Therefore, these proposed revisions do not result in a

significant increase in the probability or consequences of an

accident previously analyzed.

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

or different kind of accident from any accident previously

evaluated.

These proposed changes do not create the possibility of a new or

different kind of accident. ComEd has evaluated the piping

configuration for the ECCS discharge piping of the ECCS subsystems.

First, adequate controls have been implemented to provide assurance

that air intrusion is unlikely. Second, a specific evaluation of

both a voided 2'' and 8'' [Low Head Safety Injection] RH line was

performed. This evaluation concluded that the piping can withstand

the dynamic loads caused by the maximum credible air void. Due to

the higher pressure rating and smaller size of the [Intermediate

Head Safety Injection] SI and CV discharge piping, this evaluation

is considered bounding for the ECCS subsystems. The results of the

evaluation were submitted for staff review in a letter dated March

12, 1990, in support of Amendment 36 to the Braidwood Technical

Specifications. This change will not result in new failure modes

because no new equipment is installed, and installed equipment is

not operated in a new or different manner. Manual venting operations

have been performed as permitted by system operation and piping

configuration. Accordingly, this change will not create the

possibility of a new or different kind of accident.

3. The proposed change does not involve a significant reduction

in a margin of safety.

The margin of safety is not significantly reduced because the

proposed change will provide sufficient assurance that excessive

voiding will not occur. This will assure proper system functioning.

Venting of the idle subsystems in conjunction with the operating

conditions of the subsystems in operation provide confidence that

voiding is not present.

This has been confirmed by the performance of ultrasonic

examinations of the piping of interest. This meets the objective of

the surveillance requirement and thus preserves 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

amendments requested involve no significant hazards consideration.

The Commission is seeking public comments on this proposed

determination. Any comments received within 14 days after the date of

publication of this notice will be considered in making any final

determination.

Normally, the Commission will not issue the amendments until the

expiration of the 14-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 amendments before the expiration

of the 14-day notice period, provided that its final determination is

that the amendments involve 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 Chief, Rules

Review and Directives Branch, Division of Freedom of Information and

Publications Services, Office of Administration, U.S. Nuclear

Regulatory Commission, Washington, DC 20555-0001, 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.

The filing of requests for hearing and petitions for leave to

intervene is discussed below.

By July 10, 1997, the licensee may file a request for a hearing

with respect to issuance of the amendments to the subject facility

operating licenses 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, and at the local public

document room located at: for Byron, the Byron Public Library District,

109 N. Franklin, P.O. Box 434, Byron, Illinois 61010; for Braidwood,

the Wilmington Public Library, 201 S. Kankakee Street, Wilmington,

Illinois 60481. 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

[[Page 31635]]

amendments 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 amendments are 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 amendments requested involve

no significant hazards consideration, the Commission may issue the

amendments and make them immediately effective, notwithstanding the

request for a hearing. Any hearing held would take place after issuance

of the amendments.

If the final determination is that the amendments requested involve

a significant hazards consideration, any hearing held would take place

before the issuance of any amendments.

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 20555-0001, Attention: Rulemakings and

Adjudications Staff, 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 Mr. 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 20555-0001,

and to Michael I. Miller, Esquire: Sidley and Austin, One First

National Plaza, Chicago, Illinois 60603, 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 24, 1997, which is 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: for Byron, the Byron Public Library District,

109 N. Franklin, P.O. Box 434, Byron, Illinois 61010; for Braidwood,

the Wilmington Public Library, 201 S. Kankakee Street, Wilmington,

Illinois 60481.

Dated at Rockville, Maryland, this 3rd day of June 1997.

For The Nuclear Regulatory Commission.

George F. Dick, Jr.,

Project Manager, Project Directorate III-2, Division of Reactor

Projects--III/IV, Office of Nuclear Reactor Regulation.

[FR Doc. 97-15112 Filed 6-9-97; 8:45 am]

BILLING CODE 7590-01-P