ML17326A106
| ML17326A106 | |
| Person / Time | |
|---|---|
| Site: | Cook  |
| Issue date: | 08/24/1999 |
| From: | Stang J NRC (Affiliation Not Assigned) |
| To: | |
| Shared Package | |
| ML17326A107 | List: |
| References | |
| NUDOCS 9908310304 | |
| Download: ML17326A106 (9) | |
Text
7590-01-P UNITED STATES NUCLEAR REGULATORYCOMMISSION INDIANAMICHIGANPOWER COMPANY DOCKET NOS. 50-315 AND 50-316 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENTTO FACILITYOPERATING LICENSE PROPOSED NO SIGNIFICANTHAZARDS 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 Nos. DPR-58 and DPR-74 issued to Indiana Michigan Power Company (the licensee) for operation of the Donald C. Cook Nuclear. Power Plant, Units 1 and 2, located in Berrien County, Michigan.
The proposed amendments would revise Technical Specification (TS) 3.3.3.8 for Unit 1 and TS 3.3.3.6 for Unit 2, "Post-Accident Instrumentation." The proposed changes to the TSs will place tighter restrictions on the amount of time the refueling water storage tank (RWST) water level instrumentation may be inoperable before the limiting conditions for operation in the TSs are applied.
Before issuance of the proposed license amendment, the Commission willhave 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
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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 accident from any accident 99083i0304 O'70824 PDR ADOCK OS0003iS P
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 anaiysis of the issue of no significant hazards consideration, which is presented below:
Criterion 1 This amendment request does not involve a significant increase in the probability or consequences of an accident previously evaluated because the proposed cha'nges do not change or add to any of the accidents previously evaluated.
The T/S changes do not change the available instrumentation nor change the readability of the instrumentation.
The T/S changes make the allowable out of service time more conservative for the RWST water level instrumentation, reducing the allowable time from 30-days to 72-hours for a single channel out-of-service, with T/S 3.0.3 being entered ifboth channels of irstrumen'.ation are lost.
Criterion 2 The proposed change does not create the possibility of a new or different kind of accident from any previously evaluated.
The T/S change only reduces the allowable out of service time for the RWST water level instrumentation.
It does not involve a physical change and does not create a new type of accident.
Criterion 3 This proposed change does not involve a significant reduction in a margiri of safety. The T/S change is limited to the allowable out of service time and does not change the number of instrument channels available, the testing of the instruments or the range of the instruments.
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 willbe considered in'aking any final determination.
Normally', the Commission willnot 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 wiltconsider all public and State comments received.
Should the Commission take this action, it willpublish in the FEDERAL REGISTER a notice of issuance and provide for opportunity for a hearing after issuance.
The Commission expects that'he need to take this action willoccur very infrequently.
Written comments may be submitted by mail to the Chief, Rules and Directives Branch,
'Division ofAdministrative Services, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and should cite the publication date and page number of this
'EDERAL REGISTER notice. Written comments may also be delivered to Room 6D59, 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 S-P~~ Xi,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 Maud Preston Palenske Memorial Library, 500 Market Street, St. Joseph, Ml '49085.
l Ifa 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, willrule on the request and/or petition;
and the Secretary or the designated Atomic Safety and Licensing Board willissue 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; (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 shalt 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 ofwhich 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
4 consideration.
The contention must be one which, ifproven, 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 willnot be permitted to participate as a party.
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'hose 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 fullyin the conduct of the hearing, including the opportunity to present evidence and crosswxamine witnesses.
Ifa hearing is requested, the Commission willmake a final determination on the issue of no significant hazards consideration.
The final determinatior willserve to decide when the hearing is held.
M Ifthe 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.
Ifthe final determination is that the amendment request involves a significant hazards consideration, any hearing held would take place before the issuance of any amendment.
E A request for a hearing or a petition for leave to intervene must be filed with the Secretary of the Commission, U.S. Nuclear Regulator Commission, Washington, DC 20555-0001, Attention Rutemakings and Adjudications Staff, or may be delivered to the Commission's Public Document Room, the Gel'man Building, 2120 L Street, NW., Washington, DC, by the above date.
A copy of the petition should also be sent to the Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 205554001, and to Jeremy J. Euto, Esquire, 500 Circle Drive, Buchanan, Ml 49'107, attorney for the licensee.
'Nontimely filings of petitions for leave to intervene, amended petitions, supplemental petitions and/or requests for hearing willnot be entertained absent a determination by the Commission, the presiding officer or the presiding Atomic Safety and Licensing Board that the
P 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)
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For further details with respect to this action, see the application for amendment dated October 8, 1998, 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 Maud Preston Palenske Memorial Library, 500 Market Street, St.
Joseph, Ml 49085.
Dated at Rockville, Maryland, this 24th day ofAugust 1999.
FOR THE NUCLEAR REGULATORYCOMMISSION J
n F. Stang, Sr. Project Manager, Section 1
Project Directorate III Division of Licensing Project Management Office of Nuclear Reactor Regulation
~4 J ~
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MEMORANDUMTO:
Rules and Directives Branch Division of Administrative Services Office of Administration FROM:
SUBJECT:
Office of Nuclear Reactor Regulation D. C. Cook One signed original of the Federal Register Notice identified below is attached for your transmittal to the Office of the Federal Register for publication. Additional conformed copies I 5 I of the Notice are enclosed for your use.
Notice of Receipt of Application for Construction Permit(s) and Operating License(s).
Notice of Receipt of Partial Application for Construction Permit(s) and Facility License(s):
Time for submission of Views on Antitrust matters.
Notice of Consideration of Issuance of Amendment to Facility Operating License.
ICall with 30-day insert date). *>>'
i' ll;
"'l 'i' Environmental Report; and Notice of Consideration of Issuance of Facility License(s) and Notice of Opportunity for Hearing.
Notice of Availabilityof NRC Draft/Final Environmental Statement.
Notice of Limited Work Authorization.
Notice of Availabilityof Safety Evaluation Report.
Notice of Issuance of Construction Permit(s).
Notice of Issuance of Facility Operating License(s) or Amendment(s).
Order.
Exemption.
Notice of Granting Exemption.
Environmental Assessment.
Notice of Preparation of Environmental Assessment.
Receipt of Petition for Director's Decision Under 10 CFR 2.206.
Issuance of Final Director's Decision Under 10 CFR 2.206.
'Other:
e r
DOCKET NO.
50-315, 50-316 Attachment(s):
As stated
Contact:
P. Klcene X1389
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Telephone:
X1389
'OCUMENT NAME:
To receive e copy of this document, indicste In the box:
"C Copy without ettschmentlenclosure
'E" ee Copy with attachment/enclosure "N
No copy OFFICE NAME DATE OFFICIAL RECORD COPY
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