Baltimore Gas and Electric Company; Notice of Consideration of Issuance to Amendment to Facility Operating License, Proposed no Significant Hazards Consideration Determination, and Opportunity for a Hearing

NUCLEAR REGULATORY COMMISSION

[Docket No. 50-318]

Baltimore Gas and Electric Company; Notice of Consideration of

Issuance to 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.

DPR-69 isssued to Baltimore Gas and Electric Company (BGE), for

operation of the Calvert Cliffs Nuclear Power Plant, Unit No. 2,

located in Calvert County, Maryland.

The proposed amendment would allow a modification to the Unit 2

Service Water System (SWS) which constitutes an unreviewed safety

question as described in 10 CFR 50.59. BGE proposes to add a nitrogen

system to the SWS head tanks to increase the pressure in the SWS by

approximately 15 psi. This proposed modification is in response to the

water hammer concerns expressed in Generic Letter (GL) 96-06. The

concern of the GL was that a loss-of-offsite power would disable the

SWS pumps and stop flow in the SWS for a short time. If this situation

should occur concurrent with a loss-of-coolant

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accident or main steam line break, the water in the containment air

coolers (CACs) could boil as a result of the energy released to

containment by the accident. The boiling would form steam voids in the

CACs. The voids would collapse when SWS flow was re-established and the

collapse, combined with the returning flow, would cause a water hammer,

challenging the CAC(s) and/or the related SWS piping. As discussed in a

letter from Mr. C. H. Cruse dated January 28, 1997, the CACs and

associated equipment were shown to be operable under these conditions.

After considering several options, it was determined that the best

method for resolving this concern is to increase the pressure in the

SWS above the fluid saturation point, thus providing a means to prevent

boiling in the CACs until the SWS pumps automatically restart.

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. Would not involve a significant increase in the probability

or consequences of an accident previously evaluated.

Neither the [SWS] nor any [SWS] component is an initiator to an

accident. The [SWS] provides cooling to safety-related equipment

following an accident. It supports accident mitigation functions.

Therefore, this proposed modification does not significantly

increase the probability of an accident previously evaluated.

The [SWS] provides cooling water to the containment air coolers

to mitigate the consequences of a loss-of-accident or main steam

line break. A loss of nitrogen pressure to the [SWS] due to a single

active failure has been evaluated. Since the nitrogen pressurization

system is redundant, a single active failure in the nitrogen system

would not prevent the [SWS] from performing its safety function.

Therefore this proposed modification does not involve a significant

increase in the consequences of an accident.

Therefore, this proposed modification does not involve a

significant increase in the probability or consequences of an

accident previously evaluated.

2. Would not create the possibility of a new or different type

of accident from any accident previously evaluated.

The [SWS] provides cooling water to the containment air coolers

and emergency diesel generators. The purpose of the components which

are affected by this proposed modification is to mitigate accidents.

This proposed modification does not change equipment function, or

significantly alter the method of operating equipment to be

modified. The system will continue to operate in essentially the

same manner as before the proposed modification was done.

Therefore, the proposed changes does not create the possibility

of a new or different type of accident from any accident previously

evaluated.

3. Would not involve a significant reduction in a margin of

safety.

The margin of safety in this case is the degree to which a

single failure of the nitrogen system can affect the [SWS], since it

connects to both [SWS] head tanks. To determine if there would be an

adverse effect on plant safety resulting from this proposed

modification, an evaluation of malfunctions of the nitrogen

pressurization system was conducted. The only credible malfunctions

are those related to failure of the pressure regulator. Even if a

regulator were to fail open or closed, the [SWS] can perform its

safety function. The proposed modification includes design features

which ensure that pressure is maintained in each subsystem, even if

this single failure occurs. Therefore, this proposed modification

maintains the ability of the [SWS] to properly respond to an

accident.

Therefore, this proposed modification does not significantly

reduce 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 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 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 April 18, 1997, the licensee may file a request for a hearing

with respect to issuance of the amendment to the subject facility

operating license 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. 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 the Calvert County Library, Prince Frederick,

Maryland 20678. 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

[[Page 13173]]

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 or 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 be 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 20555-0001, 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 S. Singh Bajwa: 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 Jay E.

Silbert, Esquire, Shaw, Pittman, Potts and Trowbridge, 2300 N Street,

NW., Washington, DC, 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 dated March 6, 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 the Calvert County Library, Prince Frederick,

Maryland 20678.

Dated at Rockville, Maryland, this 12th day of March 1997.

For the Nuclear Regulatory Commission.

Alexander W. Dromerick,

Senior Project Manager, Project Directorate I-1, Division of Reactor

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

[FR Doc. 97-6881 Filed 3-18- 97; 8:45 am]

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