ML040611007

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

ML040611007
Person / Time
Site:	Calvert Cliffs
Issue date:	03/01/2004
From:	Vissing G NRC/NRR/DLPM/LPD1
To:	Vanderheyden G Calvert Cliffs
Vissing G, NRR/DLPM, 415-1441
References
TAC MC2183, TAC MC2184
Download: ML040611007 (10)

Text

March 1, 2004 Mr. George Vanderheyden, Vice President Calvert Cliffs Nuclear Power Plant, Inc.

Calvert Cliffs Nuclear Power Plant 1650 Calvert Cliffs Parkway Lusby, MD 20657-4702

SUBJECT:

CALVERT CLIFFS NUCLEAR POWER PLANT, UNIT NOS. 1 AND 2 - NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE AND OPPORTUNITY FOR A HEARING (TAC NOS.

MC2183 AND MC2184)

Dear Mr. Vanderheyden:

Enclosed is a copy of a Notice of Consideration of Issuance of Amendments to Facility Operating Licenses and Opportunity for a Hearing for your Information. The notice relates to an application for amendment by Calvert Cliffs Nuclear Power Plant, Inc. dated February 25, 2004, which would extend the implementation date for Amendment Nos. 261 and 238 for Calvert Cliffs Units 1 and 2, respectively to July 1, 2004. The changes to the reactor pressure vessel pressure-temperature limit cooldown rates that were approved by Amendment Nos. 261 and 238 are more conservative than the plants existing rates and result in a longer cooldown period. The existing cooldown rates are acceptable through the end of 2004.

This notice has been forwarded to the Office of Federal Register for publication.

Sincerely,

/RA/

Guy S. Vissing, Senior Project Manager, Section 1 Project Directorate 1 Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-317 and 50-318

Enclosure:

As stated cc w/encl: See next page

March 1, 2004 Mr. George Vanderheyden, Vice President Calvert Cliffs Nuclear Power Plant, Inc.

Calvert Cliffs Nuclear Power Plant 1650 Calvert Cliffs Parkway Lusby, MD 20657-4702

SUBJECT:

CALVERT CLIFFS NUCLEAR POWER PLANT, UNIT NOS. 1 AND 2 - NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE AND OPPORTUNITY FOR A HEARING (TAC NOS.

MC2183 AND MC2184)

Dear Mr. Vanderheyden:

Enclosed is a copy of a Notice of Consideration of Issuance of Amendments to Facility Operating Licenses and Opportunity for a Hearing for your Information. The notice relates to an application for amendment by Calvert Cliffs Nuclear Power Plant, Inc. dated February 25, 2004, which would extend the implementation date for Amendment Nos. 261 and 238 for Calvert Cliffs Units 1 and 2, respectively to July 1, 2004. The changes to the reactor pressure vessel pressure-temperature limit cooldown rates that were approved by Amendment Nos. 261 and 238 are more conservative than the plants existing rates and result in a longer cooldown period. The existing cooldown rates are acceptable through the end of 2004.

This notice has been forwarded to the Office of Federal Register for publication.

Sincerely,

/RA/

Guy S. Vissing, Senior Project Manager, Section 1 Project Directorate 1 Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-317 and 50-318

Enclosure:

As stated cc w/encl: See next page ADAMS Accession Number:

DISTRIBUTION:

Public PDI R/F CBixler, RI RLaufer GVissing SLittle AHowe OGC ACRS ADAMS Accession Number: ML040611007 OFFICE PDI-1/PM PDI-1/LA OGC PDI-1/SC NAME GVissing SLittle CMarco RLaufer DATE 03/01/04 03/01/04 03/01/04 03/01/04 OFFICIAL RECORD COPY

Calvert Cliffs Nuclear Power Plant, Unit Nos. 1 and 2 cc:

President Patricia T. Birnie, Esquire Calvert County Board of Co-Director Commissioners Maryland Safe Energy Coalition 175 Main Street P.O. Box 33111 Prince Frederick, MD 20678 Baltimore, MD 21218 James M. Petro, Esquire Mr. Loren F. Donatell Counsel NRC Technical Training Center Constellation Energy Group, Inc. 5700 Brainerd Road 750 East Pratt Street, 5th floor Chattanooga, TN 37411-4017 Baltimore, MD 21202 Jay E. Silberg, Esquire Shaw, Pittman, Potts, and Trowbridge 2300 N Street, NW Washington, DC 20037 Mark Geckle Calvert Cliffs Nuclear Power Plant 1650 Calvert Cliffs Parkway Lusby, MD 20657-4702 Resident Inspector U.S. Nuclear Regulatory Commission P.O. Box 287 St. Leonard, MD 20685 Mr. Richard I. McLean, Manager Nuclear Programs Power Plant Research Program Maryland Dept. of Natural Resources Tawes State Office Building, B3 Annapolis, MD 21401 Regional Administrator, Region I U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406 Kristen A. Burger, Esquire Maryland Peoples Counsel 6 St. Paul Centre Suite 2102 Baltimore, MD 21202-1631

7590-01-P UNITED STATES NUCLEAR REGULATORY COMMISSION CALVERT CLIFFS NUCLEAR POWER PLANT, UNITS NOS. 1 AND 2 DOCKET NOS. 50-317 AND 50-318 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 amendments to Facility Operating License Nos. DPR-53 and DPR-69 issued to Calvert Cliffs Nuclear Power Plant, Inc. (the licensee) for operation of the Calvert Cliffs Nuclear Power Plant, Unit Nos. 1 and 2 located in Calvert County, Maryland.

The proposed amendments would extend the implementation date for Amendment Nos.

261 and 238 for Calvert Cliffs Units 1 and 2, respectively to July 1, 2004. The changes to the reactor pressure vessel pressure-temperature limit cooldown rates that were approved by Amendment Nos. 261 and 238 are more conservative than the plants existing rates and result in a longer cooldown period. The existing cooldown rates are acceptable through the end of 2004.

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 Commissions regulations.

The Commission has made a proposed determination that the amendment request involves no significant hazards consideration. Under the Commissions regulations in Title 10 of the CODE OF FEDERAL REGULATIONS (10 CFR), Section 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. involve a significant increase in the probability or consequences of an accident previously evaluated; or The proposed amendment extends the implementation period specified in Item 3 of Amendment Nos. 261 and 238 from 120 days to July 1, 2004. Since the existing reactor pressure vessel pressure-temperature limit cooldown rates are valid through the end of 2004, there is no technical or safety issue associated with this request. The proposed amendment is purely administrative.

Therefore, the proposed change does not involve a significant increase in the probability or consequence of an accident previously evaluated

2. create the possibility of a new or different [kind] of accident from any accident previously evaluated; or The proposed amendment extends the implementation period specified in Item 3 of Amendment Nos. 261 and 238 from 120 days to July 1, 2004. Since the existing reactor pressure vessel pressure-temperature limit cooldown rates are valid through the end of 2004, there is no technical or safety issue associated with this request. The proposed amendment is purely administrative.

This request does not involve a change in the operation of the plant and no new accident initiation mechanism is created by the proposed change. The proposed change does not involve a physical alteration of the plant.

Therefore, the proposed change does not create the possibility of a new or different kind of accident from any previously evaluated.

3. involve a significant reduction in a margin of safety.

The margin of safety is maintained during the period of extended implementation because the existing reactor pressure vessel pressure-temperature limit cooldown rates are valid through to end of 2004.

The proposed amendment extends the implementation period specified in Item 3 of Amendment Nos. 261 and 238 from 120 days to July 1, 2004. Since the existing reactor pressure vessel pressure-temperature limit cooldown rates are valid through the end of

2004, there is no technical or safety issue associated with this request. The proposed amendment is purely administrative.

Therefore, this proposed change does not significantly reduce [a] margin of safety.

The NRC staff has reviewed the licensees 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 60 days after the date of publication of this notice. The Commission may issue the license amendment before expiration of the 60-day period provided that its final determination is that the amendment involves no significant hazards consideration. In addition, the Commission may issue the amendment prior to the expiration of the 30-day comment period should circumstances change during the 30-day comment period such that failure to act in a timely way would result, for example in derating or shutdown of the facility. Should the Commission take action prior to the expiration of either the comment period or the notice period, it will publish in the Federal Register a notice of issuance. Should the Commission make a final No Significant Hazards Consideration Determination, any hearing will take place 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 and Directives 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 NRCs Public Document Room, located at One White Flint North, Public File Area O1 F21, 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 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 Commissions 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 Commissions 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 Systems (ADAMS)

Public Electronic Reading Room on the Internet at the NRC Web site, http://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 requestors/petitioners right under the Act to be made a party to the proceeding;

3) the nature and extent of the requestors/petitioners 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 requestors/petitioners 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 is aware and on which the petitioner intends to rely to establish those facts or expert opinion. The petition must include 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/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.

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 email to OGCMailCenter@nrc.gov. A copy of the request for hearing and petition for leave to intervene should also be sent to the attorney for the licensee.

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).

For further details with respect to this action, see the application for amendment dated February 25, 2004, which is available for public inspection at the Commissions PDR, 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 Systems (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 1st day of March 2004.

FOR THE NUCLEAR REGULATORY COMMISSION

/RA/

Guy S. Vissing, Senior Project Manager, Section 1 Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation