ML16138A634

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Notice of Consideration of Issuance of Amend to Licenses DPR-38,DPR-47 & DPR-57 & Proposed NSHC Determination & Opportunity for Hearing.Amend Revises Tech Spec to Add, Similar to Unit 1 Primary to Secondary Leakage Limits
ML16138A634
Person / Time
Site: Oconee  
Issue date: 07/22/1988
From: Mathews D
Office of Nuclear Reactor Regulation
To:
Shared Package
ML16138A635 List:
References
NUDOCS 8808040140
Download: ML16138A634 (6)


Text

7590-01 UNITED STATES NUCLEAR REGULATORY COMMISSION DUKE POWER COMPANY DOCKET NOS. 50-269, 50-270 AND 50-287 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENTS TO FACILITY OPERATING LICENSES AND OPPORTUNITY FOR HEARING The United States Nuclear Regulatory Commission (the Commission) is considering issuance of amendments to Facility Operating Licenses Nos. DPR-38, DPR-47, and DPR-55, issued to Duke Power Company (the licensee or Duke), for operation of the Oconee Nuclear Station, Units 1, 2, and 3, located in Oconee County, South Carolina.

In its October 2, 1987 letter, the NRC requested Duke to propose revisions to the Technical Specifications (TSs) that would add, similar to Unit 1, primary to secondary leakage limits of 0.3 gallons per minute (gpm) for Units 2 and 3. With this application, Duke proposed to revise the TSs to establish a 1 gpm leakage limit for all three units. Also, Duke proposed several other revisions to the TSs. Duke proposed to revise the following five areas:

(1) To establish a limit of 1.0 gpm total primary to secondary leakage through both steam generators (SG) for each of the three Oconee units.

Presently, only Oconee Unit 1 has a limit of 0.3 gpm; Units 2 and 3 have no limit; (2) To delete the last sentence in the current TS 3.1.6.4 which requires NRC notification of SG tube leaks "ir accordance with Section 6.6.2.1;"

(3)

To delete the current TS 4.17.6.c which requires NRC notification of the results of SG tube inspections which fall into Category C-3 "pursuant to TS 6.6.2.1.a prior to resumption of plant operation;" (4) To delete the current requirements in Table 4.17-1, Item C-3, for a "prompt notification to NRC pursuant 6606040140 80721 PDR ADOCK 05000269 P

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-2 to TS 6.6.2.1.a;" and (5) To change in the current TS 4.17.6.a the term "Director" to Regional Administrator."

In its submittal, Duke also stated that the bases have been revised for certain sections.

Prior to issuance of the proposed license amendments, the Commission will have made findings required by the Atomic Energy Act of 1954, as amended (the Act) and the Commission's regulations.

By August 29, 1988

, the licensee may file a request for a hearing with respect to issuance of the amendments to the subject facility operating licenses 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 hearing and a petition for leave to intervene.

Requests 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 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 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 a party to the proceeding; (2) the nature and extent.of the petitioner's property, financial, or other

-3 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 that are sought 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.

A request for a hearing or a petition for leave to intervene must be filed with the Secretary of the Commission, United States 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

-4 the last ten (10) days of the notice period, it is requested that the petitioner or representative for the petitioner promptly so inform the Commission by a toll-free telephone call to Western Union at 1-800-325-6000 (in Missouri 1-800 342-6700). The Western Union operator should be given Datagram Identification Number 3737 and the following message addressed to David B. Matthews, Director; Project Directorate 11-3; (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, D.C.

20555, and to J. Michael McGarry, III, Bishop, Liberman, Cook, Purcell and Reynolds, 1200 17th Street, N.W., Washington, D.C. 20036.

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).

If a request for hearing is received, the Commission's staff may issue the amendments after it completes its technical review and prior to the completion of any required hearing if it publishes a further notice for public comment of its proposed finding of no significant hazards consideration in accordance with 10 CFR 50.91 and 50.92.

-5 For further details with respect to this action, see the application for amendment dated May 31, 1988, which is available for public inspection at the Commission's Public Document Room, 1717 H Street, N.W., Washington, D. C.

20555, and at the Oconee County Library, 501 West South Broad Street, Walhalla, South Carolina 29691.

nd Dated at Rockville, Maryland, this 22 day of July 1988.

FOR THE NUCLEAR REGULATORY COMMISSION Original signed by:

David B. Matthews, Director Project Directorate 11-3 Division of Reactor Projects I/II Office of Nuclear Reactor Regulation LA.

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DISTRIBUTION:

Docket File PD 11-3 Reading Mkood HPasties July 22, 1988 DOCKET NO.s. 50-369/?70/287 Rules and Procedures Branch MEMORANDUM FOR:.

Division of Rules and Records Office of Administration FROM:

Office of Nuclear Reactor Regulation

SUBJECT:

Oconee Nuclear Station, Units 1, 2, and 3 (Duke Power Company)

One signed original of the Federal Register Notice identified below is enclosed for your transmittal to the Office of the Federal Register for publication. Additional conformed copies (

5

) of the Notice are enclosed for your use.

D Notice of Receipt of Application for Construction Permit(s) and Operating License(s).

Notice of Receipt of Partial Application-for Construction Permit(s) and Facility License(s): Time for Submission.of Views on Antitrust Matters.

Notice of Consideration of Issuance of Amendment to Facility Operating License..

D Notice of Receipt of Application for Facility'License(s); Notice of Availability of Applicant's Environmental Report; and Notice of Consideration of Issuance of Facility License(s) and Notice of Opportunity for Hearing.

Notice of Availability of NRC Draft/Final Environmental Statement.

l Notice of Limited Work Authorization.

D Notice of Availability of Safety Evaluation Report.

Notice of Issuance of Construction.Permit(s).

Notice of Issuance of Facility Operating License(s) or Amendment(s).

Order.

Exemption.

Notice of Granting Exemption.

Environmental Assessment.

D Notice of Preparation of Environmental. Assessment.

EOther:

NOTE:

PLEASE INSERT A DATE (30 DAYS FMPBICTN)O PCE2OF NOTICE.

Office of Nuclear Reactor Regulation

Enclosure:

As stated

Contact:

Marilee Rood Phone:

21487 OFFICEP-PD Ii-3 SURNAME 01Od DATE 7/22/

NRC FORM 318 iO80i NRCM 0240 OFFICIAL RECORD COPY