ML17056A761
| ML17056A761 | |
| Person / Time | |
|---|---|
| Site: | Nine Mile Point  |
| Issue date: | 04/11/1990 |
| From: | Martin R Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML17056A762 | List: |
| References | |
| NUDOCS 9004200042 | |
| Download: ML17056A761 (16) | |
Text
7590-01 UNITED STATES NUCLEAR REGULATORY COMMISSION NIAGARA MOHAWK POWER COMPANY DOCKET HO. 50-220 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE AND PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATIOH DETERMINATION AND OPPORTUNITY FOR HEARING The U.S. Nuclear Regulatory Commission (the Commission) is considering issuance of an amendment to Facility Operating License Ho. DPR-63, issued to the Niagara Mohawk Power Corporation (the licensee), for operation of the Nine Mile Point Nuclear Station, Unit 1, located in Oswego County, Hew York.
The amendment would revise Technical Specification Table 3.3.4, "Primary Containment Isolation Yalves Lines Entering Free Space of the Containment" to reflect that the isolation valves in the drywell and in the suppression chamber oxygen sampling lines are normally in the "open" position instead of the currently designated "closed" pos ition.
The combustible gas control system provides the means to inject nitrogen gas into the containment so that the oxygen concentration during operation is maintained below a limit that would allow a combustible hydrogen oxygen concentration to form followina a loss of coolant accident.
The oxygen sampling system is necessary to determine that this limit has been reached shortly after startup and is maintained during operation.
The isolation valves in the oxygen sampling lines are maintained in a normally open position to allow this monitoring instead of the normally closed position currently indicated by the Technical Specifications.
Therefore, the licensee proposes P004200042
'9 PDR ADOCK 050 P
to'hange Table 3.3.4 to correct this inadvertent error in the designation of the normal position of the isolation valves during operation.
No change in the design of the valves or their actuation logic or their capability to be operated in response to accident conditions is involved.
Sefore 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 involves no significant hazards considerations.
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 possibi lity 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 licensee has provided the following ana lysi s.
The operation of Nine Mile Point Unit 1, in accordance with the proposed amendment, will not involve a significant increase in the probability or consequences of an accident previously evaluated.
The proposed changes do not involve a significant increase in the probability or consequence of an accident previously evaluated.
The oxygen sampling containment isolation valves were designed to be open during normal operation (and have been during previous operation) to allow continuous monitoring of the containment.
The isolation valves will close as designed, on a
LOCA signal assuring containment integrity.
The operation of the Nine Mile Point Unit 1, in accordance with the proposed amendment, wi 11 not create the possibility of a new or different kind of accident from any accident previously evaluated.
The proposed chanqes do not create the possibility of a new or different kind of accident from any accident previously evaluated because the proposed changes introduce no new mode of plant operation nor do they require physical modification to the plant.
~
The operation of Nine Bile Point Unit 1, in accordance with the proposed amendment, will not involve a significant reduction in a margin of safety.
The oxygen sampling containment isolation valves are normally open to a11ow continuous monitoring of the containment.
This revision is required so Technical Specifications accurately reflect current plant practice and system design requirements.
The isolation valves will close on a
LOCA signal assuring containment integrity.
Therefore, the proposed amendment will 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.
Therefore the staff proposes to determine that the application for amendment involves no significant hazards consideration.
n 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 may be submitted by mail to the Regulatory Publications Branch, Division of Freedom of Information and Publications Services, Office of Administration U. S. Nuclear Regulatory Commission, Washington, D.C. 20555, and should cite the publication date and page number of this FEDERAL REGISTER notice.
Written comments may also be delivered to Room P-223, Phillips Building, 7920 Norfolk Avenue, Bethesda, Maryland from 7:30 a.m. to 4:15 p.m.
Copies of written comments received may be examined at the NRC Public Document Room, the Gelman Building, 2120 L Street, NM, Mashington, D.C.
The filing of requests for hearing and petitions for leave to intervene is discussed below.
4 By Hay 21, 1990 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
, the licensee may file a request for a hearinq with respect to issuance of the amendment to the subject facility operatin pera ing 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 of Practice for Domestic Licensing Proceedings" in 10 CFR Part 2.
Interested persons should consult a current copy of 10 CFR 2.714 which is available at the Commission's Public Document Room, the Gelman Building, 2120 L Street, N.W., Washington, O.C. 20555 and at the Local Public Document Room located at the Reference and Documents Department, Panfield Library, State University of New York, Oswego, New York 13126.
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 'reouired 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 V
how that interest may be affected by the results of the proceeding.
The petition 4
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.'ny person who h
f'1 d
o as i
e a petition for leave to intervene or who has been admitted as a party ma d th y may amen the petition without requesting leave of the 8oard 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 prehearing conference scheduled in the proceeding, a petitioner shall file a supplement to the petition to intervene which must include a list ot the contentions which are sought to be litigated in the matter.
Each contention must consist of a specific statement of the issue of law or fact to bg raised or controverted.
In
- addition, the petitioner shall provide a brief explanation of the bases of the contention and a concise statement of the alleged facts or expert opinion which support the contention and on which the petitioner intends to rely in proving the contention at the hearing.
The petitioner must also provide references to those specific sources and documents nf which the petitioner is aware and on which the petitioner intends to rely to establish those facts or expert opinion.
Petitioner must provide sufficient information to show that a
genuine dispute exists with the applicant on a material issue of law or fact.
Contentions shall be limited to matters within the scope of the amendments under consideration.
The contention must be one which, if proven, would entitle the petitioner to relief.
A petitioner who fails to file such a
supplement which satisfies these requirements with respect to at least one contention'ill not be permitted to participate as a party.
Those permitted to intervene become parties to the proceeding, subject to any limitations'n 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.
I'
'f a hearing is requested, the Commission will make a final determination on the issue of no significant hazards considerations.
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 considerations, 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 request involves signifi-cant hazards considerations, any hearing held would take place before the issuance of any amendment.
Normally, the Commission wi 11 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 considerations.
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 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, the Gelman Building, 2l20 L
- Street, NW, Washington, OC, 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 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 Robert A. Capra:
petitioner's name and telephone number; date petition was mailed; plant name; and publication date and page number of this F'EDERAL 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 Mr. Troy B. Conner, Jr., Esquire, Conner 5 Wetterhahn, Suite 1050, 1747 Pennsylvania
- Avenue, NW, Washington, DC 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 balancing of the factors specified in 10 CFR 2.714(a)(1)(i)-(v) and 2.71.4(d).
For further details with respect to this action, see the application for amendment dated March 27, 1990, which is available for public inspection at the Commission's Public Document Room, the Gelman Building, 2120 L Street, N.W.,
Washington, D.C. 20555, and at the Local Public Document Room, Reference and Documents Department, Penfield Library, State University of New York, Oswego, New York 13126.
Dated at Rockville, Maryland, this 1>e~
day of
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FOR THE NUCLEAR REGULATORY COMMISSION
>gal'gag~
/Robert E. Martin, Senior Project Manager Project Directorate I-1 Division of Reactor Projects - I/II Office of Nuclear Reactor Regulation
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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 Robert A. Capra:
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 Mr. Troy B. Conner, Jr., Esquire, Conner 5 Wetterhahn, Suite 1050, 1747 Pennsylvania
- Avenue, NW, Washington, DC 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 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 dated March 27, 1990, which is available for public inspection at the Commission's Public Document Room, the Gelman Building, 2120 L Street, N.W.,
Washington, D.C.
- 20555, and at the Local Public Document
- Room, Reference and Documents Department, Penfield Library, State University of New York, Oswego, New York 13126.
Dated at Rockville, Maryland, this 11th day of April 1990.
FOR THE NUCLEAR REGULATORY COMMISSION ORlGlNAL SIGNED GY)
Robert E. Hartin, Senior Project Manager Project Directorate I-1 Division of Reactor Projects - I/II Office of Nuclear Reactor Regulation OFC: PDI-1
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