ML16341A063

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Notice of Consideration of Issuance of Amend to License DPR-76 & Proposed NSHC Determination & Opportunity for Hearing Re 821217,830111,0606 & 08 Applications Concerning Frequency of Auditing Emergency & Security Plans
ML16341A063
Person / Time
Site: Diablo Canyon Pacific Gas & Electric icon.png
Issue date: 06/20/1984
From: Knighton G
Office of Nuclear Reactor Regulation
To:
Shared Package
ML16341A064 List:
References
NUDOCS 8407090050
Download: ML16341A063 (24)


Text

UNITED STATES NUCLEAR REGULATORY COMMISSION PACIFIC GAS AND ELECTRIC CO/1PANY DOCKET NO. 50-275 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE AND PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION AND OPPORTUNITY FOR HEARING 759C-01 The U.S. Nuclear Regulatory Commission (the Commission) is considering issuance of an amendment to Facility Operating License No. DPR-76, issued to Pacific Gas and Electric Company (the Licensee) for operation of the Diablo Canyon Nuclear Power Plant, Unit 1 located in San Luis Obispo, California.

The amendment would revise the Technical Specifications concernina (1) frequency of auditing the emergency plan and the security plan and associated implementing procedures, (2) limits of working hours for unit staff, (3) prompt notification of failure of pressurizer power operated relief valves (PORVs) or pressurizer safety valves, and (4) administrative controls in accordance with the licensee's applications for amendment dated December 17, 1982, January 11, 1983, January ll, June 6, and June 8, 1984.

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.

The Commission has made a proposed determination that the amendment request II involves no significant hazards consideration.

Under the Commission's reaula-tions 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 pr e-viously evaluated; or (3) involve a significant reduction in a margin of.safety.

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The Commission has provided guidance for the application of these criteria by providing examples that are considered not likely to involve a significant hazards consideration (48 FR 14870).

One'such example is (ii) a change that constitutes an additional limitation, restriction, or control not presently included in the Technica'I Specifications, for example a more stringent surveillance requirement.

The proposed amendment, in regard to the emergency plan, the security plan and their implementing procedures, would require a more stringent surveillance program by requiring auditing of the above cited plans and procedures once every twelve months instead of the 24 month interval currently allowed by the Technical Specifications.

Moreover, this change is required to conform with the regulations, i.e.

10 CFR 50.54(t) and 10 CFR 73.40(d), respectively.

Since 10 CFR 50.54(t) and 10 CFR 73.40(d) require that auditing of both the emergency plan and security plan and their implementing procedures be conducted on a twelve month interval, the licensee by letter dated June 8, 1984 requested that reference to the frequency of auditing of the above plans in the Technical Specifications be deleted since they are required by law.

Thus, this change is also of a type described in example (vii) of changes not likely to involve a s.'gnificant hazards consideration (48 FR 148?0).

Accordingly, based on these considerations and the three criteria given above, we have made a proposed determination that this portion of the amendment request involves no significant hazards consideration.

We also conclude that deletion of the reference to the frequency of auditing in the above areas in the Technical Specifications is acceptable.

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In regard to the requested amendment on working hours and the requirement to notify the Commission within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> of a failure of a PORY or a pressurizer safety valve and submit a written report within 14 days of the occurence, these are representative of changes shown in example (ii) above.

That is, the addition of these changes imposes more stringent controls on the number of hours an individual is permitted to work and the new requirement to notify the Commission within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> and submit a written report within 14 days after the occurrence of a failure of a PORV.or pressurizer safety valve.

Based on these considerations and the three criteria given above, we have made a

proposed determination that this portion of the amendment request involves no significant hazards consideration.

With regard to administrative controls, the proposed amendment would revise Figure 6.2-1 to indicate that:

1.

The Senior Vice President, Facilities Development is now the "Executive Vice President, Facilities and Electric Resources Development", report-ing to the Chairman of the Board and Chief Executive Officer.

2.

The Manager, guality Assurance reports to the Executive Vice President, Facilities and Resources Development.

3.

The position of Manager, Nuclear Projects is deleted, and the Onsite Safety Review Group reports to the Technical Assistant to the Vice President, Nuclear Power Generation..

Figure 6. 2-2 woul d be revi sed to indicate that:

4.

The Onsite Safety Review Group reports to the Technical Assistant to the Vice President, Nuclear Power Generation.

This group previously reported to the Manager nf Nuclear Projects.

5.

A new senior-reactor-operator position called "Senior Operations Supervisor" is added, reporting to the Operations Manager; 6.

The "Power Plant Engineer" is now the "Assistant Plant Manager, Technical Services,"

reporting to the Plant Manager.

7.

The "Oualitv Control Supervisor" is now'he "guality Control Manager,"

reporting to the Plant Manager.

8.

The "Technical Assistant to the Plant Manager" is now the "Assistant Plant Manager, Support Services".

9.

A new position called "Personnel and General Services Manager" is added.

10.

The titles of various supervisors have been upgraded to "Manager".

Section 6.2.3.4, "ONSITE SAFETY REVIEW GROUP (OSRG),

AUTHORITY", would be revised to show that:

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The OSRG reports to 'the Technical Assistant to the Vice President, Nuclear Power Generation; it previously reported to Manager, Nuclear Projects.

Section 6.5.1.2, "PLANT STAFF REVIEW COMMITTEE (PSRC),

COMPLETION", would be revised to indicate that:

12.

The members'itles agree with their new titles in Figure 6.2-2.

13.

The 18C Maintenance Manager and the Engineering Manager have been added to the Committee.

Section 6.5.2,- "GENERAL OFFICE NUCLEAR POWER PLANT REVIEW AND AUDIT COMMITTEE (GONPRAC)", would be revised to indicate that:

14.

In Section 6.5.2.2, "COMPOSITION", the title "Manager, Nuclear Projects" is replaced with "Project Manager, Diablo Canyon".

- 6 15.

In Sections 6.5.2.9, "Authority", and 6.5.10, "RECORDS", the title "Senior Vice President, Facilities Development" is replaced with "Executive Vice President, Facilities and Electric Resources Development" (see also change 1).

The new title of "Executive Vice President, Facilities and Electric Resources Development",

and the new reporting relationship with the Chairman of the Board (changes 1 and 15) are the result of a realignment of responsibility at the executive level at PGSE.

The rise in reporting level of the Manager, Ouality Assurance (change 2) further strengthens the licensee's commitment to quality assurance for Diablo Canyon bv increasing the independence of the gA function.

The deletion of references to the Manager, Nuclear Projects (changes 3,

4 ll and 14) was made necessary when the Manager of Nuclear Projects'osition was incorporated into the overall PG8EIBechtel Project Organziation and no longer existed as a separate entity.

In the GONPRAC organization, the change from "Manager, Nuclear Projects" to "Pro,iect Manager, Diablo Canyon" has no effect on operations, since the individual involved and his responsibilities are the same.

The new Senior Operations Supervisor (change

5) will supplement the Operations Manager in his duties.

He will not assume any authority of the

Operations Manager or his responsibilities unless delegated.

This change allows the overall facility organization to maintain a better and closer control of the operators, and will provide a quicker response to operator questions and problems.

The remaining changes in Unit organization (chanaes 6 through 9, 12 and

13) are necessary because of the significant increase in plant staff over the last three years and the addition of several new functions and work groups at the plant.

At the same time, the changes simplify and streamline the reporting relationships, promoting safety and efficiency of operation.

The Commission has provided guidance in the form of examples about the application of three standards set out 10 CFR 50.92 for determining whether license amendments involve no significant hazards considerations (48 FR 14870).

These examples are not applicable to the issues addressed in this portion of the proposed amendment.

The basis for proposing that the proposed amendment does not involve a significant hazards consideration is that. the administrative controls

changes, which relate solely to organizational structure, do not have any direct bearing on the operation of the facility and would not (1) involve a significant increase in the probability or consequences of an accident previously evaluated, (2) create the possibility of a new or different kind of accident, or (3) involve a significant reduction in a margin of safety.

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.

Comnents should be addressed

.to the Secretary of the Commission, U.S.

Nuclear Regulatory Commission, Washington, D. C.

20555, ATTN:

Docketing and Service Branch.

By ~uly 3o

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, 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.

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 hy 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 52.714, a petition for leave to intervene shall set I

forth with particularity the interest of the petitioner in the proceeding and

>>9-how that interest may be affected by the results of the proceeding.

The peti-tion 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 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 peti-tioner 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 pre-hearing 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 prehearinq conference scheduled in the proceeding, a petitioner shall file a supplement to the peti-tion to intervene which must include a list of the contentions which are sought to be litigated in the matter, and the bases or 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 oppor-tunity to participate fully in the conduct of the hearing, including the oppor-tunity 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 determination will serve to decide when the hearing is held.

If the final determination is that the amendment request involves no signifi-cant 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 expiration of the 30-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 30-day notice period, provided that its final determination is that the amendment involves no significant hazards con-sideration.

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 Comois-sion expects that the need to take this action will occur very infrequently.

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11 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 Nissouri (800) 342-6700).

The Western Union operator should be given Datagram Identification Number 3737 and the following message addressed to Hr. George H. Knighton, (301) 492-7161:

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 Philip A. Crane, Jr.,

Esq.

Pacific Gas 8 Electric Company, 77 Beale Street, San Francisco, California 94106 and Norton, Burke, Berry 8 French P.C., Attn:

Bruce Norton, Esq.,

202 East Osborn

Road, Phoenix, Arizona 85016, attorneys for the licensee.

Hontimely 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 Safetv U'nd Licensing Board designated to rule on the petition and/ot

request, that the petitioner has made a substantial showing of good cause for the granting of a later petition and/or request.

That determination will be based upon a balancing of the factors specified in 10 CFR 2.714(a)(l)(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 California Polytechnic State University Library, Documents and Maps Department, San Luis Obispo, California 93407.

Dated at Bethesda, Maryland, this

'20th day of

June, 1984.

FOR THE NUCLEAR REGULATORY COMMISSION George

. Knighton, ef Licensing Branch No.

3 Division of Licensing

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