ML16341E678
| ML16341E678 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 05/26/1988 |
| From: | Rood H Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML16341E679 | List: |
| References | |
| NUDOCS 8806030206 | |
| Download: ML16341E678 (14) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION PACIFIC GAS AND ELECTRIC COMPANY 7590-01 DOCKET NOS. 50-275 AND 50-323 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENTS TO FACILITY OPERATING LICENSES AND PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION AND OPPORTUNITY FOR HEARING The U.S. Nuclear Regulatory Commission (the Corrrnission) is considering issuance of amendments to Facility Operating License Nos.
DPR-80 and DPR-82, issued to the Pacific Gas and Electric Company (PGSE or the licensee) for operation of the Diablo Canyon Nuclear Power Plant (DCPP) Units I and 2 located in San Luis Obispo County, California.
The amendments would revise the technical specifications (TS) relating to Section 6.0, Administrative Controls, by removing the organization charts and changing the titles of certain management personnel.
The proposed amendments were requested by the licensee's letter of May 20, 1988.
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.
The Commission has made a proposed determination that the request for amendments involves no significant hazards consideration.
Under the Commission's regulations in 10 CFR 50.92, this means that operation of the facilities in accordance with the proposed amendments would not (I) 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
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reduction in a margin of safety.
These three criteria are discussed in detail below.
(1)
The NRC staff proposes to determine that the proposed amendments do not involve a significant increase in the probability of consequences of an accident previously evaluated because title changes and removal of the organization charts from the technical specifications are administrative in nature and do not affect plant operations or the number of members, composition, or function of the Plant Staff Review Committee.
As in the
- past, the NRC will continue to be informed of organizational changes through other required controls.
10 CFR Part 50.34(b)(5)(i) requires that the applicant's organizational structure be included in the Final Safety Analysis Report (FSAR).
Chapter 13 of the DCPP FSAR Update provides a description of the organization and detailed organization charts.
The organization charts in the FSAR Update are more detailed than'those presently in the technical specifications.
As required by 10 CFR 50.71(e),
the licensee submits annual revisions to the FSAR Update.
(2)
The NRC staff proposes to determine that the proposed amendments do not create the possibility of a new or 'different kind of accident from any accident previously evaluated because there is no physical alteration to any plant system, nor is there a change in the method in which any safety related system performs its function.
The proposed changes are administrative in nature and, therefore, do not create the possibility of a
new or different kind of accident from any accident previously evaluated.
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(3)
The NRC staff proposes to determine that because the proposed revision is administrative in nature, it therefore will not reduce any 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.
Comments should be addressed to the Rules and Procedures Branch, Office of Administration and Resources Management, U.S. Nuclear Regulatory Commission, Washington, D.C.
- 20555, and should cite the publication date and page number of this Federal
~Re ister notice.
Written comments may also be de1ivered to Room 4000, Maryland National Bank Building, 7735 Old Georgetown
- Road, Bethesda, Maryland from 8:15 a.m. to 5:00 p.m.
Copies of written comments may be examined at the NRC Public Document
- Room, 1717 H Street, N.W., Washington, D.C.
The filing of requests for hearing and petitions for leave to intervene is discussed below.
By July 1, 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 or petition for leave to intervene.
Requests for 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
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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 Section 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 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
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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 amendments 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 th'e 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 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 amendments and make them effective, notwithstanding the request for a hearing.
Any hearing held would take place after issuance of the amendments.
Normally, the Commission will not issue the amendments 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 issuance the license amendments before the expiration of the 30-day notice period, provided that its final determination is that the amendments involve no significant hazards consideration.
The final determination will consider all pub1ic and State comments received.
Should the Commission take this
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action, it will publish a notice of issuance and provide for opportunity for a hearing after issuance.
The Coranission expects that the need to take this action will occur very infrequently.
A request for a hearing or a petition for leave to intervene shall 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 or representative for the petitioner promptly so inform the Commission by a toll-free telephone call to Wester n 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 George W.
Knighton: petitioner's name and telephone number; date petition was mailed; plant name; and publication date and page number of the FEDERAL REGISTER notice.
A copy of the petition should also be sent to the Office of General
- Counsel, U.S. Nucleal Regulatory Commission, Washington, D.C.
- 20555, and to Richard R. Locke, Esq., Pacific Gas and Electric Company, P.O.
Box 7442, San Francisco, California 94120 and Bruce Norton, Esq., c/o Pacific Gas and Electric Company, P.O.
Box 7442, San Francisco, California 94120.
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).
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For further details with respect to this action, see the application for amendments dated May 20, 1988, 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, Government Documents and Maps Department,"San Luis Obispo, California 93407.
Dated at Rockville, Maryland this 26 day of May, 1988.
FOR THE NUCLEAR REGULATORY COMMISSION Harry Rood, Senior Project Manage Project Directorate V
Division of Reactor Projects - III, IV, V and Special Projects Office of Nuclear Reactor Regulation
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