ML17263A990
| ML17263A990 | |
| Person / Time | |
|---|---|
| Site: | Ginna  |
| Issue date: | 03/16/1995 |
| From: | Carpenter C Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML17263A991 | List: |
| References | |
| NUDOCS 9503230168 | |
| Download: ML17263A990 (8) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION ROCHESTER GAS AND ELECTRIC CORPORATION
~ODKTN. 5-244 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION AND OPPORTUNITY FOR A HEARING The U.S. Nuclear Regulatory Commission (the Commission) is considering issuance of an amendment to Facility Operating License No.
DPR-18 issued to Rochester Gas and Electric Corporation (RGKE) for operation of the Ginna Nuclear Power Plant located in Wayne County, New York.
The proposed amendment would revise Ginna Station Technical Specification (TS) 4.4.2.4.a to replace specific leakage testing frequencies for containment isolation valves.
This TS change will support a proposed Exemption to Title 10 of the Code of Federal Regulations (10 CFR) Part 50, Appendix J,Section III.D.3, requested under separate cover to exempt Type C
testing of certain valves during a 1995 refueling outage.
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 involves no significant hazards consideration.
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 possibility of a new or different kind of 9503230i68 9503i6
'PDR ADQCK 05000244 P
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accident from any accident previously evaluated; or (3) involve a significant reduction in a margin of safety.
As required by 10 CFR 50.91(a),
the licensee has provided its analysis of the issue of no significant hazards con'sideration, which is presented below:
1.
Operation of Ginna Station in accordance with the proposed change does not involve a significant increase in the probability or consequences of an accident previously evaluated.
The change is consistent with NUREG-1431 [Standard Technical Specifications Westinghouse
- Plants, dated September 1993]
and has therefore, been previously evaluated and accepted by the NRC.
The change involves no technical change to the existing Technical Specification since 10 CFR Appendix J provides equivalent testing frequencies as those currently specified in TS 4.4.2.4.a.
There is no impact to initiators of analyzed events or assumed mitigation of accident on transient events.
Implementation of this change is expected to result in more efficient use of RGKE and the NRC resources without any reduction in safety.
2.
3.
Operation of Ginna Station in accordance with the proposed change does not create the possibility of a new or different kind of accident from any accident previously evaluated.
The change is consistent with NUREG-1431 and has therefore, been previously evaluated and accepted by the NRC.
The change does not involve physical alterations of the plant (no new or different type of equipment will be installed) or changes in methods governing normal plant operation.
The change does not impose or eliminate any new or different requirements since 10 CFR [Part] 50, Appendix J provides equivalent testing frequencies as those currently specified in TS 4.4.2.4.a.
Operation of Ginna Station in accordance with the proposed changes does not involve a significant reduction in a margin of safety.
All requirements in the technical specifications related to containment isolation valves remain the same with the exception that a reference to 10 CFR [Part] 50, Appendix J is being provided in place of specific leakage testing requirements.
The change has no impact on any safety analysis assumptions.
The NRC staff has reviewed the licensee's analysis
- and, based on this review, it appears that the three standards of 10 CFR 50.92(c) are satisfied.
Therefore, the NRC staff proposes to determine that the amendment request involves no significant hazards consideration.
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.
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 consideration.
The final determination will consider all public and State comments received.
Should the Commission take this action, it will publish in the FEDERAL REGISTER 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.
Written comments may be submitted by mail to the Rules Review and Directives Branch, Division of Freedom of Information and Publications
- Services, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and should cite the publication date and page number of this FEDERAL REGISTER notice.
Written comments may also be delivered to Room
- 6D22, Two White Flint North',
11545 Rockville Pike, Rockville, Maryland, from 7:30 a.m. to 4: 15 p.m.
Federal workdays.
Copies of written comments received may be examined at the NRC Public Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC.
The filing of requests for hearing and petitions for leave to intervene is discussed below.
By April 21, 1995
, 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 request for a hearing and a petition for leave to intervene.
Requests for a hearing and a petition 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.
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, NW., Washington; DC, and at the local public document room located at the Rochester Public Library, 115 South Avenue, Rochester, New York 14610.
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 required 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 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 party to the proceeding;
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(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 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 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.
Each contention must consist of a specific statement of the issue of law or fact to be 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 of 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 amendment under consideration.
The contention must be one which, if proven, would entitle the petitioner to relief.
A petitioner who fails to file such a
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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 opportunity to participate fully in the conduct of the hearing, including the 4
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 amendment and:
make it immediately 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 a
significant hazards consideration, any hearing held would take place before the issuance of any amendment.
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, DC 20555, Attention:
Docketing and Services
- Branch, or may be delivered to the Commission's Public Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC, by the above date.
Where petitions are filed during the last 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 l-(800) 248-5100 (in Missouri 1-(800) 342-6700).
The Western Union operator should be given Datagram Identification
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Number N1023 and the following message addressed to Ledyard B. Marsh:
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 sh'ould also be sent to the Office of the General
- Counsel, U.S.
Nuclear Regulatory Commission, Washington, DC 20555, and to Nicholas S.
- Reynolds, Winston
& Strawn, 1400 L Street, NW., Washington, DC 20005, 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'equest should be granted based upon a balancing of the 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 dated March 13, 1995, which is available for public inspection at the Commission's Public Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC, and at the local public document room located at the Rochester Public Library, 115 South Avenue, Rochester, New York 14610.
Dated at Rockville, Maryland, this 16th day of March 1995.
FOR THE NUCLEAR REGULATORY COMMISSION Clarence E.
- arpenter, cting Project Manager Project Directorate I-1 Division of Reactor Projects I/II Office of Nuclear Reactor Regulation