Florida Power and Light Company; Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing, 54691-54692 [E6-15415]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 71, Number 180 (Monday, September 18, 2006)]
[Notices]
[Pages 54691-54692]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-15415]


=======================================================================
-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[Docket No. 50-250]


Florida Power and Light Company; Notice of 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. 
DPR-31, issued to Florida Power and Light Company (the licensee), for 
operation of the Turkey Point Nuclear Plant, Unit 3, located in Miami-
Dade County, Florida.
    The proposed amendment would revise Technical Specifications (TSs) 
\3/4\.1.3.1, \3/4\.1.3.2, \3/4\.1.3.5, and \3/4\.1.3.6 to allow the use 
of an alternate method of determining rod position for the control rod 
M-6, which has an inoperable rod position indicator (RPI), until 
repairs can be conducted but no later than the next outage, which is 
scheduled for fall 2007.
    The proposed amendment also includes administrative changes to 
remove the existing notes regarding the RPI of the Unit 4 Rod F-8. The 
RPI system for F-8 was repaired during Unit 4 refueling operations in 
2005; thus, the associated TS revisions are no longer in effect.
    The reason for the exigency is the unanticipated failure of the 
Turkey Point Unit 3 Analog RPI for control rod M-6 in Control Rod Bank 
C. Additionally, there is a concern that exercising the movable incore 
detectors every 8 hours (90 times per month) to comply with the 
compensatory actions required by the current Action Statement a. of TS 
3.1.3.2 will result in excessive wear.
    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 Title 10, Code of Federal Regulations (10 CFR), Section 
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. Will operation of the facility in accordance with this 
proposed change involve a significant increase in the probability or 
consequences of an accident previously evaluated?
    No. The proposed change provides an alternative method for 
verifying rod position of one control rod. The proposed change meets 
the intent of the current specification in that it ensures 
verification of position of the control rod once every eight (8) 
hours. The proposed change provides only an alternative method of 
monitoring control rod position and does not change the assumption 
or results of any previously evaluated accident.
    Therefore, operation of the facility in accordance with the 
proposed amendment would not involve a significant increase in the 
probability or consequences of an accident previously evaluated.
    2. Will operation of the facility in accordance with this 
proposed change create the possibility of a new or different kind of 
accident from any accident previously evaluated?
    No. As described above, the proposed change provides only an 
alternative method of determining the position of one control rod. 
No new accident initiators are introduced by the proposed 
alternative manner of performing rod position verification. The 
proposed change does not affect the reactor protection system or the 
reactor control system. Hence, no new failure modes are created that 
would cause a new or different kind of accident from any accident 
previously evaluated.
    Therefore, operation of the facility in accordance with the 
proposed amendments would not create the possibility of a new or 
different kind of accident from any accident previously evaluated.
    3. Will operation of the facility in accordance with this 
proposed change involve a Significant reduction in a margin of 
safety?
    No. The bases of Specification 3.1.3.2 state that the 
operability of the rod position indicators is required to determine 
control rod positions and thereby ensure compliance with the control 
rod alignment and insertion limits. The proposed change does not 
alter the requirement to determine rod position but provides an 
alternative method for determining the position of the affected rod. 
As a result, the initial conditions of the accident analysis are 
preserved and the consequences of previously analyzed accidents are 
unaffected.
    Therefore, operation of the facility in accordance with the 
proposed amendments would 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 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 amendment 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 amendment before the expiration of 
the 14-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 Chief, Rulemaking, 
Directives, and Editing Branch, Division of Administrative 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 6D59, Two White Flint North, 11545 Rockville Pike, 
Rockville, Maryland, from 7:30 a.m. to 4:15 p.m. Federal workdays. 
Documents may be examined, and/or copied for a fee, at the NRC's Public 
Document Room, located at One White Flint North, 11555 Rockville Pike 
(first floor), Rockville, Maryland.
    The filing of requests for hearing and petitions for leave to 
intervene is discussed below. Within 60 days after the date of 
publication of this notice, 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

[[Page 54692]]

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 2.309, which is 
available at the Commission's PDR, located at One White Flint North, 
Public File Area 01F21, 11555 Rockville Pike (first floor), Rockville, 
Maryland. Publicly available records will be accessible from the 
Agencywide Documents Access and Management System's (ADAMS) Public 
Electronic Reading Room on the Internet at the NRC Web site, https://
www.nrc.gov/reading-rm/doc-collections/cfr/. If a request for a 
hearing or petition for leave to intervene is filed by the above date, 
the Commission or a presiding officer designated by the Commission or 
by the Chief Administrative Judge of the Atomic Safety and Licensing 
Board Panel, will rule on the request and/or petition; and the 
Secretary or the Chief Administrative Judge of the Atomic Safety and 
Licensing Board will issue a notice of a hearing or an appropriate 
order.
    As required by 10 CFR 2.309, 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 general requirements: (1) The name, address and telephone 
number of the requestor or petitioner; (2) the nature of the 
requestor's/petitioner's right under the Act to be made a party to the 
proceeding; (3) the nature and extent of the requestor's/petitioner's 
property, financial, or other interest in the proceeding; and (4) the 
possible effect of any decision or order which may be entered in the 
proceeding on the requestor's/petitioner's interest. The petition must 
also identify the specific contentions which the petitioner/requestor 
seeks to have litigated at the proceeding.
    Each contention must consist of a specific statement of the issue 
of law or fact to be raised or controverted. In addition, the 
petitioner/requestor shall provide a brief explanation of the bases for 
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/requestor must also provide references to those specific 
sources and documents of which the petitioner/requestor is aware and on 
which the petitioner/requestor intends to rely to establish those facts 
or expert opinion. The petitioner/requestor 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/
requestor to relief. A petitioner/requestor who fails to satisfy 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.
    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.
    Nontimely requests and/or petitions and contentions will not be 
entertained absent a determination by the Commission or the presiding 
officer of the Atomic Safety and Licensing Board that the petition, 
request and/or the contentions should be granted based on a balancing 
of the factors specified in 10 CFR 2.309(a)(1)(i)-(viii).
    A request for a hearing or a petition for leave to intervene must 
be filed by: (1) First class mail addressed to the Office of the 
Secretary of the Commission, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, Attention: Rulemaking and Adjudications 
Staff; (2) courier, express mail, and expedited delivery services: 
Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland, 20852, Attention: Rulemaking and 
Adjudications Staff; (3) e-mail addressed to the Office of the 
Secretary, U.S. Nuclear Regulatory Commission, HEARINGDOCKET@NRC.GOV; 
or (4) facsimile transmission addressed to the Office of the Secretary, 
U.S. Nuclear Regulatory Commission, Washington, DC, Attention: 
Rulemakings and Adjudications Staff at (301) 415-1101, verification 
number is (301) 415-1966. A copy of the request for hearing and 
petition for leave to intervene should also be sent to the Office of 
the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, and it is requested that copies be transmitted either by 
means of facsimile transmission to 301-415-3725 or by e-mail to 
OGCMailCenter@nrc.gov. A copy of the request for hearing and petition 
for leave to intervene should also be sent to M.S. Ross, Managing 
Attorney, Florida Power & Light Company, P.O. Box 14000, Juno Beach, FL 
33408-0420, attorney for the licensee.
    For further details with respect to this action, see the 
application for amendment dated September 8, 2006, which is available 
for public inspection at the Commission's Public Document Room (PDR), 
located at One White Flint North, Public File Area O1 F21, 11555 
Rockville Pike (first floor), Rockville, Maryland. Publicly available 
records will be accessible electronically from the Agencywide Documents 
Access and Management System's (ADAMS) Public Electronic Reading Room 
on the Internet at the NRC Web site https://www.nrc.gov/reading-rm/
adams.html. Persons who do not have access to ADAMS or who encounter 
problems in accessing the documents located in ADAMS, should contact 
the NRC PDR Reference staff by telephone at 1-800-397-4209, 301-415-
4737, or by e-mail to pdr@nrc.gov.

    Dated at Rockville, Maryland, this 11th day of September 2006.

    For the Nuclear Regulatory Commission.
Douglas V. Pickett,
Project Manager, Plant Licensing Branch II-2, Division of Operating 
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. E6-15415 Filed 9-15-06; 8:45 am]
BILLING CODE 7590-01-P