ML17055B266

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Notice of Consideration of Issuance of Amend to License DPR-63 & Proposed NSHC Determination & Opportunity for Hearing.Amend Modifies Tech Specs to Allow Yarway Water Level Column 12 to Be Out of Svc During Spring 1986 Outage
ML17055B266
Person / Time
Site: Nine Mile Point Constellation icon.png
Issue date: 02/10/1986
From: Zwolinski J
Office of Nuclear Reactor Regulation
To:
Shared Package
ML17055B267 List:
References
NUDOCS 8602200145
Download: ML17055B266 (12)


Text

7590-01 UNITED STATES NUCLEAR REGULATORY COMMISSION NIAGARA MOHAMK POWER CORPORATION DOCKET NO. 50-220 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 Comnission) is considering issuance of an amendment to Facility Operating License No. DPR-63 issued to Niagara Mohawk Power Corporation(the licensee), for operation of the Nine Mile Point Nuclear Station, Unit No. 1, located in Oswego County, New York.

The amendment would modify Technical Specification Sections 3.6.2 and 4.6.2 to allow Yarway water level column No.

12 to be out of service during the Spring 1986 refueling outage.

This request is in accordance with the licensee's application for amendment dated January 15, 1986.

Before issuance of the proposed license amendment, the Comaission 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 involves no significant hazards consideration.

Under the Comoission'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

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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 Yarway water level transmitter automatically initiates the core spray system which is required to be operational in the cold shutdown or refuel condition.

In addition, the instrumentation that initiates a reactor scram is also required to be operational fn the refuel condition.

Since the core spray. system or reactor scram can be actuated by the redundant Yarway water level column or by manual initiation in the event of a loss of water level in the reactor vessel, the proposed amendment will not increase the probability or consequences of an accident previously evaluated.

The proposed amendment will allow taking one of the Yarway water level columns out of service by cutting and capping the instrument line.

Therefore, the proposal will not create the possibility.of a new or different kind of accident from any accident previously evaluated.

While there is some reduction in the margin of safety as the tripping logic for the initiation of core spray is being reduced from a one out of two L

taken twice to a one out of one taken twice, it is not conhidered to be a

significant reduction in the margin of safety.

This will occur only during cold shutdown/refuel conditions when the reactor coolant is at or near ambient temperature.

Therefore, the probability of both operable water level transmitters not accurately indicating a water level drop is extremely unlikely (i.e. there won't be any sensing line flashing due to high pressure and temperature).

In addition, the core spray pumps and reactor scram can be manually initiated from the control room.

Therefore, the proposed amendment wil'i not involve a significant reduction in a margin of safety.

The staff has reviewed the licensee's no significant hazards consideration determination and agrees with.the licensee's analysis.

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.

Written comments should be addressed to the Rules and Procedures

Branch, Division of Rules and Records, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555.

Copies of comments received may be examined at the NRC Public Document

Room, 1717 H Street, NW, Mashington, DC.

By March 14, 1986

, 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 i's 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.

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As required by 10 CFR 52.714, 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.

I Not later than fifteen (15) days prior to the first prehearing conference scheduled in the proceeding, a petitioner shall file a supplement to the pe i ion etition to intervene which must include a list of the con'tentions which 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'cope 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

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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 Comnission 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'xpiration 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 in derating or shutdown of the facility, the Cormission 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.

I 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 Coaeission, U.S. Nuclear Regulatory Commission, Washington, D.C.

20555, Att:

Docketing and Service Branch, or may be delivered to the Commission's Public Document

Room, 1717 H Street, N.M.

Washington, D. C., by the above date.

Where petitions are filed during the

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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 Mestern Union at (800) 325-6000 (in Missouri (800) 342-6700).

The Mestern Union operator should be given Datagram Identification Number 3737 and the fo11owing message addressed to John A. Zwolinski, Director, BMR Project Directorate

$1, Division of BWR Licensing: petitioner's name and telephone number; date petition was mailed; plant name; and publication date and page number of this FEDERAl REGISTER nott'ce.

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 Troy B. Conner, Jr., Esquire, Conner 8

Metterhahn, Suite

1050, 1747 Pennsylvania
Avenue, N.W., Washington, D.C. 20006, attorney for the licensee.

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 ba1ancing of 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.M., Washington, D.C., and at the State University College at Oswego, Penfield Library Documents,
Oswego, New York-13126.

Dated at Bethesda, Maryland, this 10th day of February 1986.

FOR TH NUCLEAR REGULAT Y

MISSION John

. Zwolinski, Director BWR P oject Directorate k'1 Division of BWR Licensing

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