[Federal Register: March 9, 2005 (Volume 70, Number 45)]
[Notices]
[Page 11711-11712]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09mr05-130]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-413 and 50-414]
Duke Energy Corporation, et al.; Catawba Nuclear Station, Units 1
and 2; Notice of Issuance of Amendment to Facility Operating License
and Final Determination of No Significant Hazards Consideration Renewed
Facility Operating License Nos. NPF-35 and NPF-52, Amendment Nos. 220
and 215
The Nuclear Regulatory Commission (Commission) has issued Amendment
No. 220 to Renewed Facility Operating License No. NPF-35 and Amendment
No. 215 to Renewed Facility Operating License No. NPF-52, issued to
Duke Energy Corporation, et al. (Duke, the licensee), which revised the
Technical Specifications (TS) for operation of the Catawba Nuclear
Station (Catawba), Units 1 and 2, located in York County, South
Carolina. The amendment is effective as of the date of issuance.
The amendment modifies the TS to permit the usage of up to four
mixed oxide (MOX) lead test assemblies (LTAs). Specifically, the
amendment consists of: (1) A revision to TS 3.7.16 to permit storage of
the MOX LTAs in the spent fuel pool; (2) a revision to TS 4.2,
``Reactor Core'' to include the four MOX LTAs using M5 fuel rod
cladding; (3) TS 4.3, ``Fuel Storage,'' to reflect the enrichment of
the MOX LTAs; and (4) a revision to TS 5.6.5 to add two supporting
methodologies for the MOX LTAs. The application for the amendment
complies with the standards and requirements of the Atomic Energy Act
of 1954, as amended (the Act), and the Commission's rules and
regulations. The Commission has made appropriate findings as required
by the Act and the Commission's rules and regulations in 10 CFR chapter
I, which are set forth in the license amendment.
A Notice of Consideration of Issuance of Amendment to Facility
Operating License and Opportunity for a Hearing in connection with this
action was published in the Federal Register on
[[Page 11712]]
July 25, 2003 (68 FR 44107). A request for a hearing was filed on
August 21 and 25, 2003, by the Nuclear Information and Resources
Service (NIRS) and the Blue Ridge Environmental Defense League (BREDL),
respectively. A Notice of Opportunity to Comment and Proposed No
Significant Hazards Consideration Determination in connection with this
action was published in the Federal Register on July 12, 2004 (69 FR
41852).
On July 14 and 15, 2004, the Atomic Safety and Licensing Board
(ASLB) held a hearing on a single admitted safety-related contention by
BREDL. All of NIRS's contentions were rejected and NIRS was not
admitted as a party to the proceeding. The admitted contention was
related to the adequacy of the loss-of-coolant accident analyses
performed to support the use of the MOX LTAs. On December 22, 2004, the
ASLB issued a Partial Initial Decision with respect to this matter
finding that there is reasonable assurance that operation of Catawba
with the four MOX LTAs will not endanger the health and safety of the
public.
BREDL submitted its security-related safety contentions on March 3,
2004. An ASLB hearing on a single physical security-related contention,
as admitted by the ASLB, was held January 11-14, 2005. This contention
was related to the adequacy of the provisions undertaken by Duke to
provide protection of the MOX LTAs. Findings and reply findings of fact
and conclusions of law were filed in February 2005. An ASLB decision on
the security contention is pending.
Under its regulations, the Commission may issue and make an
amendment immediately effective, notwithstanding the pendency before it
of a request for a hearing from any person, in advance of the holding
or completion of any required hearing, where it has determined that no
significant hazards considerations are involved.
The Commission has applied the standards of Title 10 of the Code of
Federal Regulations, Section 50.92 and has made a final determination
that the amendment involves no significant hazards considerations. The
basis for this determination is contained in a Safety Evaluation and
three Supplements to that Safety Evaluation related to this action.
Accordingly, as described above, the amendment has been issued and made
immediately effective and any further hearing will be held after
issuance.
The Commission has prepared an Environmental Assessment and one
Supplement to the Environmental Assessment related to the action and
has determined not to prepare an environmental impact statement. Based
upon the environmental assessment and its supplement, the Commission
has concluded that the issuance of the amendment will not have a
significant effect on the quality of the human environment (69 FR 51112
and 70 FR 8849).
For further details with respect to the action see (1) the
application for amendment dated February 27, 2003, as supplemented by
letters dated September 15, September 23, October 1 (two letters),
October 3 (two letters), November 3, November 4, December 10, 2003, and
February 2, (two letters), March 1 (three letters), March 9 (two
letters), March 16 (two letters), March 26, March 31, April 13, April
16, May 13, June 17, August 31, September 20, October 4, October 29 and
December 10, 2004, (2) Amendment Nos. 220 and 215 to License Nos. NPF-
35 and NPF-52, respectively, (3) the Commission's related Safety
Evaluation and its three Supplements dated April 5, May 5, July 27,
2004, and March 3, 2005, respectively, and (4) the Commission's
Environmental Assessment and its supplement (69 FR 51112 and 70 FR
8849, respectively). All of these items are available for public
inspection at the Commission's Public Document Room, located at One
White Flint North, File Public Area O1 F21, 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, http://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 3rd day of March 2005.
For the Nuclear Regulatory Commission.
John A. Nakoski,
Chief, Section 1, Project Directorate II, Division of Licensing Project
Management, Office of Nuclear Reactor Regulation.
[FR Doc. 05-4547 Filed 3-8-05; 8:45 am]
BILLING CODE 7590-01-P