ML15219A017
| ML15219A017 | |
| Person / Time | |
|---|---|
| Site: | Oconee  |
| Issue date: | 10/12/1983 |
| From: | Stolz J Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML15219A018 | List: |
| References | |
| NUDOCS 8311020467 | |
| Download: ML15219A017 (7) | |
Text
7590-01 UNITED STATES NUCLEAR REGULATORY COMMISSION DUKE POWER COMPANY DOCKET NO.
50-270 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE AND PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION AND OPPORTUNITY FOR HEARING The U. S. Nuclear Regulatory Commission (the Commission) is considering issuance of an amendment to Facility Operating License No. DPR-47, issued to Duke Power Company (the licensee), for operation of the Oconee Nuclear Station, Unit No. 2 (the facility), located in Oconee.County, South Carolina.
The amendment would authorize proposed changes to the Oconee Nuclear Station (ONS) common Technical Specifications which are required to support the operation of Oconee Unit 2 at full rated power during Cycle 7. The proposed changes to the core protection safety limits, the protective system maximum allowable setpoints, and the rod position limits are in accordance with the licensee's application for amend ment dated September 1, 1983, as supplemented by correspondence dated September 14, 1983.
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.
7590-01
-. 2 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.
The Commission has provided guidance concerning the application of these standards by providing certain examples (48 FR 14870). Example iii of the types of amendments not likely to involve significant hazards considerations applies in this case as the reload is for a nuclear power reactor. The licensee has provided an evaluation of the amendment requested against the standards of 10 CFR 50.92 to demonstrate the Commission's Example iii fits the case of this amendment request. The reload does not involve fuel assemblies significantly different from those found previously acceptable to the NRC. No significant changes are being made to the acceptance criteria for the Technical Specifications.
The analytical method used to demonstrate conformance with the Technical Specifications and regulations is not significantly changed, and the NRC has previously found the method acceptable. In this reload, out of a total of 177 fuel assemblies to be inserted into the core, only one assembly is slightly different. This Advanced Cladding Pathfinder (ACP) assembly, contained in the fresh batch assembly, Batch 9, is a reconstitutable design with 12 special advanced cladding rods. The ACP fuel rod design is identical to the standard MK-B design.
75904-0 3
Six zirconium lined tubes and six beta quenched tubes will be used. for 12 test rods.
These tube modifications are expected to provide improved resistance to water-side corrosion and/or pellet-cladding interaction.
The ACP assembly is designed to be reconstitutable to allow future removal of selected rods for-examination. The assembly reconstitutable features are designed so that reactor safety and performance are. not adversely affected.
The Commission proposes to determine that the application does not involve a significant hazards consideration since it.appears that the standards of 10 CFR 50.92 are met.
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. The Commission will not normally make a final determination unless it receives a request for a hearing.
Comments should be addressed to the Secretary of the Commission, U.S.
Nuclear Regulatory Commission, Washington, D.C. 20555, Attn:
Docketing and Service Branch.
By November 19, 1983, 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 petition for leave to intervene.
Request for a hearing and petitions 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. If a request for a hearing or petition for leave to intervene is filed by the
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-4 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 interestof 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'sright 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 fifteen (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 fifteen (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
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-5 to be litigated in the matter,, and the bases for each contention set forth with reasonable specificity. Contentions shall be limited to matters within the scope of the amendment under consideration. 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 a hearing is requested, the Commission will make a.
final determination on the.issue of no-significant hazards consideration. The final determina tion 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 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 involves a significant hazards-consideration, any hearing held would take place before the issuance of any amendment.
Normally, the Commission will not issue the amendment until the expir ation of the 30-day notice period. However, should circumstances change during the notice period such that failure to act in a timely way would
- 1 7590-0T
-6 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 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.
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, D.C., 20555, Attention: Docketing and Service Branch, or may be delivered to the Commission's Public Document Room, 1717 H Street, N.W.,
Washington, D.C., by the above date. Where petitions are filed during the last ten (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 (800) 325-6000 (in Missouri (800) 342-6700).
The Western Union operator should be given Datagram Identification Number 3737 and the following message addressed to John F. Stolz: 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 Executive Legal Director, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555, and to J. Michael McGarry, III, De Bevoise and Liberman, 1200 -
17th Street, N.W., Washington, D.C. 20036, attorney for the licensee.
~ _
7590-01
-7 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 Atomic Safety and Licensing Board designated to rule on the petition and/or request, that the petitioner has made-a substantial showing of good cause for the granting of a late petition and/or request. That determination will be 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 which is available for public inspection at the Commission's Public Document Room, 1717 H Street, N.W., Washington, D.C., and at the Oconee County Library, 501 West Southbroad Street, Walhalla, South Carolina.
Dated at Bethesda, Maryland, thisl2th day of October 1983 FOR THE NUCLEAR REGULATORY COMMISSION Jo F. Stolz, Chief 0 erating Reactors ranch #4 ivision of Licensing