ML17325B109
| ML17325B109 | |
| Person / Time | |
|---|---|
| Site: | Cook  |
| Issue date: | 01/10/1989 |
| From: | Stang J Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML17325B110 | List: |
| References | |
| NUDOCS 8901190298 | |
| Download: ML17325B109 (7) | |
Text
7590-01 UNITED STATES NUCLEAR REGULATORY COMMISSION INDIANA MICHIGAN POWER COMPANY DOCKET NO. 50-315 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE AND PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION AND OPPORTUNITY FOR HEARING The United States Nuclear Regulatory Coraoission (the Comnission) is considering issuance of an amendment to Faci lity Operating License No. DPR-58 issued to the Indiana Michigan Power Company (the licensee), for operation of the Donald C.
Cook Nuclear Plant, Unit No.
1 (the facility), located in Berrien County, Michigan.
In accordance with the licensee's application for amendment dated August 9, 1988, the amendment would a11ow a one-time extension of the surveillance;.
intervals for certain surveillances normally performed with the unit shutdown.
The extensions involve:
1.
ice basket weighing; 2.
ice condenser flow passage inspections; 3.
ice condenser inlet door testing; and 4.
resistance temperature detector calibrations.
Prior to issuance of the proposed license amendment, the Comnission wfll 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 l
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accordance with the proposed amendment 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 reduction in a margin of safety.
The Commission's evaluation of the proposed amendment with respect to the above criteria is as follows:
Criterion 1
The period of time the surveillance intervals will be extended is very brief.
The surveillances for which extensions are requested fall due from February 26, 1589, through March 26, 1989.
Extensions are necessary only until the Cycle 10-11 refueling outage, which is scheduled to begin in March 1989.
The licensee has reviewed previous surveillance test results for the affected equipment and has found nothing that would indicate the equipment may become inoperable as a
result of the extensions.
Therefore, the extensions are not expected to significantly increase the probability or consequences of a previously analyzed accident.
Criterion 2 The requested extensions will not result in a change in plant configuration or operation and therefore would not be expected to create the possibility of a new or different kind of accident from any accident previously analyzed or evaluated.
Criterion 3 As discussed under Criterion 1, the requested extension period is very brief.
The licensee has reviewed previous surveillance test results and found nothing which would indicate that the affected equipment would become inoperable as a
result of the proposed surveillance interval extensions.
Therefore, the proposed amendment is not expected to involve a significant reduction in a margin of safety.
Accordingly, the Commission proposes to determine that the proposed amendment involves no significant hazards consideration.
The Comoission 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 and Resources Management, 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 P-216, 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, Gelman Building, 2120 L Street, NH., Washington, DC.
The filing of requests for hearing and petitions for leave to intervene is discussed below.
By February 16, 19$9khe 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 hearing and a petition for leave to intervene.
Requests 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 is filed by the above date, the Coamission 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 particularly the interest of the petitioner in the proceeding and how that interest may be affected by the results of the proceeding.
The petition shou'ld specifically explain the reasons why intervention shou1d be permitted with particular reference to the following factors:
(I) 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 that 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 opportunity to participate fully in the conduct of the hearing, including the opportunity to present evidence and cross-examine witnesses.
If a hearino is requested, the Commission will make a final determination on the issue of no significazt 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.
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
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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 Coamission, Washington, DC 20555, Attention:
Docketing and Service Branch, or may be delivered to the Commission's Public Document
- Room, 2120 L Street, NW.,
Washington, DC, 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 0
4 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 Theodore R. quay: (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, DC
- 20555, and to Gerald Charnoff, Esq.,
Shaw, Pittman, Potts and Trowbridge, 2300 N Street, NW., Washington, DC 20037, 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 2.714(d).
For further details with respect to this action, see the application for amendment dated August 9, 1988, which is available for public inspection at the Commission's Public Document Room, 2120 L Street, NW., Washington, DC, 20555 and at Maude Preston Palenske Memorial Library, 500 Market Street, St..Joseph, Michigan 49085.
Dated at Rockville, Maryland this yOth day of January, 1989.
FOR THE NUCLEAR REGULATORY COMMISSION ohn F. Stang,project Manager Project Directorate III-1 Division of Reactor Projects - III, IY, V and Special Projects