ML17095A467

Notice of Consideration of Issuance of Amend to License DPR-76 & Proposed NSHC Determination & Opportunity for Hearing on Util 820719 & 1012 Applications Re Vital Access Controls in Physical Security Plan

ML17095A467
Person / Time
Site:	Diablo Canyon
Issue date:	08/11/1983
From:	Knighton G Office of Nuclear Reactor Regulation
To:
Shared Package
ML16340D735	List: ML16340D734 ML17095A467
References
NUDOCS 8308240024
Download: ML17095A467 (14)

Text

UNITED STATES NUCLEAR REGULATORY COthtItISSIOtl PACIFIC GAS Itj ELECTRIC COMPANY DOCKET NO. 50-275

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NOTICE OF CONSIDERATION OF ISSUANCE OF At1ENDIRENT TO 7590-01 FACILITY OPERATING LICENSE AtlD PROPOSED NO SIGNIFI'CANT HAZARDS CONSIDERATION DETERtiINATION AtlD OPPORTUNITY FOR HEARItlG OFFICE 0 SURNAME/

The U. S. Nuclear Regulatory Commission (the Coomission) is considering issuance of an amendment to Facility Operating License No. DPR-76, issued to Pacific Gas 5 Electric Company (the Licensee), for operation of the Diablo Canyon, Unit 1 Nuclear Power Plant located in San Luis Obispo, California.

In accordance with the licensee's application for amendment dated July 19, 1982 and supplemental letter dated October 12, 1982, the amendment would modify the Diablo Canyon Nuclear Power Plant Physical Security Plan to eliminate certain vital access controls that exceed current regulatory requirements Before issuance of the proposed license amendment, the Coaeission 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 Coamission'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 possibility or a new different kind of accident from any accident previously evaluated'r (3) involve a significant reduction in a margin-of safety, 83oC>V o~~f ) )

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7590-10 The Commission's proposed determination is based on its finding that the revised Physical Security Plan would continue to meet the general and specific requirements of the regulations on physical security contained in 10 CFR 73.55(b)

. through (h) and could improve access to vital equipment where a short response time is essential.

This amendment will delete the use of certain internal controls that are not mandated by regulatory requirements for access to certain vital areas.

Idoreover, no other nuclear power plant in the United States of America contains the above cited requirement that the licensee proposes to delete.

The bases for the staff's determination that the proposed amendment involves no significant hazards consideration has been documented; however, it is being withheld from public disclosure pursuant to 10 CFR 73.21.

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 Secretary of the Commission, U. S.

Nuclear Regulatory Commission, Washington, D. C.

20555, ATTN:

Docketing and Service Branch.

By September 19, 1983, the licensee may file a request for a hearing with respect to issuance of the amendment to the subject facility operating license and any persons 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.

The request for a hearing and petitions for OFFICEI SURNAME/

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7590-01 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 of the designated Atomic Safety and Licensing Board will issue a notice of hearing or an appro-priate order.

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 preference 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.

OFFICE%

SURNAME/

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7590-01 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 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 J

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 Cormission 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 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.

OFFICE/

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7590-01 OFFICEI SURNAMEQ Normally, the Commission will not issue the amendment until the expira-tion 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 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.

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.

20665, 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) 326-6000 (in Missouri (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 this FEDERAL REGISTER notice.

A copy of the petition should also be sent to the Executive Legal Direcor, U. S. Nuclear Regulatory Commission, Washington, D. C.

20565 and to Phili A. Crane, Jr., Esq., Pacific Gas 8 Electric Company, DATE P

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7590-01 No timely filings of petitions for leave to intervene, amend petitions, supplement petitions and/or requests for hearing will not b entertained absent a dete ination by the Commission, the presiding o

icer or the Atomic Safety and Licen ng Board designated to rule on the tition and/or request, that the petitioner as made a substantial showin of good cause for. the granting of a late pet ion and/or request.

T s determination will be based upon a balancing of the f tors specified i 10 CFR 2.714(a)(l)(i)-(v) and 2.7ie(d).

For further details with r pec to this action, see the application for amendment dated July 19, 1982 d the licenseefs submittal of October 12, 1982, which are available f r pub ic inspection at the Commission's Public Document Room, 1717 H Street H. W., Was ington, D. C.

and at the California Polytechnic State Univers y Library, Docu nts and traps Department, San Luis Obispo, California 9340 Dated at Bethes

, 11aryland, this day of July, 1983.

FOR THE tlUC AR REGULATORY CON<ISSIOH George M. Knighton Chief Licensing Branch tfo 3

Division of Licensin OFFICEI SUANAME$

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7590-01 77 Scale Street, San Francisco, California 94106 and Norton, Burke, Berry & French P.C. Attn:

Bruce Norton, Esq.,

2002 East Osborn Road, Phoenix, Arizona, 85016, attorneys of 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 Atomic Safety and Licensing Board designated to rule on the petition and/or request, that the petitioner has made a substantial showing of good cause for tHe granting of a late petition and/or request.

This determination will be based upon a balancing of the factors specified in 10 CFR 2.714(a)(1)(i)-(v) and 2.714(d).

Dated at Bethesda, Maryland, this 11th day of August, 1983'OR THE NUCLEAR REGULATORY COY<MISSION Georqo bJ. j'iritgnhz George W. Knighton, Chief Licensing Branch No.

3 Division of Licensing

• See previ:ous concurrence.

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