ML17328A238
| ML17328A238 | |
| Person / Time | |
|---|---|
| Site: | Cook  |
| Issue date: | 12/21/1989 |
| From: | Giitter J Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML17328A237 | List: |
| References | |
| NUDOCS 9001020038 | |
| Download: ML17328A238 (8) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION INDIANA MICHIGAN POMER COMPANY DOCKET NOS. 50-315 AND 50-316 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE AND PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION AND OPPORTUNITY FOR HEARING The U. S. Nuclear Regulatory Commission (the Commission) is considering issuance of an amendment to Facility Operating License No.
DPR-58 and DPR-74, issued to Indiana Michigan Power Company (the licensee), for operation of the Donald C.
Cook Units Nos.
1 and 2
located in Berrien County, Michigan.
The amendment would revise the Technical Specifications by adding requirements on the fire-unaffected Unit.to support the alternate safe shutdown or emergency remote shutdown of the opposite fire-affected Unit.
The changes are necessary to meet the requirements of 10 CFR Part 50, Appendix R.
In addition, a change is proposed to the Bases which clarifies that fire watches would not be implemented in areas protected by carbon dioxide fire suppression systems during testing of
'the systems which may result in carbon dioxide discharge, or after the discharge of a system, when carbon dioxide levels may represent a
personnel hazard.
Finally, the licensee. proposed a change that involves removing the wide range hot-leg and cold-leg temperature indications of RCS loops 1
and 3 from the local shutdown indication (LSI) panels.
The wide range 900%020038 8')I'i2i5 PDR ADOCK 050003i5 P
PNU
hot-leg and cold-leg temperature indications of reactor coolant system loops 2 and 4 would still be supplied to the LSI panels.
This change is necessary in order to meet the Category I redundancy criteria of Regulatory Guide 1.97, Revision 3 for the reactor vessel level indication system (RVLIS).
Before issuance of the proposed license amendment, the Conmission will have made findings required by the Atomic Energy Act of 1954, as amended (the Act) and the Coranission'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 accident from any accident previously evaluated; or (3) involve a significant reduction in a margin of safety.
In their submittal, the licensee provided the following statements with regard to the criteria of 10 CFR 50.92:
I'riterion 1 The proposed TS changes require that some plant systems be available to support shutdown of the opposite unit in accordance with Appendix R.
In addition, we have added requirements for various Appendix R
remote shutdown monitoring instrumentation.
Since these TS place additional requirements on various plant equipment to ensure an alternative method of shutting down during a fire scenario, we believe this change will not involve a significant increase in the probability or consequences of a previously analyzed accident.
Criterion 2 The proposed TS changes assure that safe shutdown systems are available without placing the plant in a configuration
inconsistent with the design basis.
In addition, the proposed changes add requirements that certain safety systems be available that are not currently required.
For this reason, we believe that the proposed TS changes do not create the possibility of a new or different kind of accident from any accident previously evaluated.
Criterion 3 The proposed TS changes introduce new CVCS cross-tie valves into the plant, and thus introduce additional risk of error or failure.
However, the operation and surveillance procedures associated with these valves are similar to those for other safety-related systems.
As noted in Criterion I, these changes impose additional requirements on various plant equipment to ensure an alternate method of shutting down during a fire scenario.
For this reason, we believe the proposed changes do not constitute a significant reduction in the margin of safety.
- Lastly, we note that the Coomission has provided guidance concerning the determination of significant hazards by providing certain examples (51 FR 7751) of amendments considered not likely to involve significant hazards considerations.
The second of these examples refers to changes that impose additional limitations, restrictions, or controls not presently included in the TS.
The changes proposed in this letter are of the type cited in this example.
Therefore, we believe these changes do not inovlve a significant hazards consideration as defined by 10 CFR 50.92.
The staff has reviewed the licensee's submittals and agrees with the licensee's no significant hazards determination.
Therefore, based on the above considerations, the Commission has made a proposed determination that the amendment request involves no significant hazards consideration.
The Coamission is seeking public comments on this proposed determination.
Any comments received within 15 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.
Mritten 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 Coaeission, 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, N.W., Washington, D.C.
The filing of requests for hearing and petitions for leave to intervene is discussed below.
By January 2, l990
, 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 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 Coamission's "Rule 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, D.C. 20555 and at the Local Public Document Room located at laude Preston Palenske Memorial Library, 500 Market Street, St. Joseph, Michigan 49085.
If a request for a hearing or petition for leave to intervene is filed by the above date, the Corenission 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 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,pre-hearing conference scheduled in the proceeding, but.such an amended petition must satisfy the specificity requirements descr ibed 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.
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 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 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 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.
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 wi 11 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.
20555, Attention:
Docketing and Service Branch, or may be delivered to the Commission's Public Document
- Room, the Gelman Building, 2120 L 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 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 John 0. Thoma: 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 Comnission, Washington, D.C.
- 20555, and to Gerald Charnoff, Esq.,
Shaw, Pittman, Potts and Trowbridge, 2300 N. Street, N.W., Washington, D.C.
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 Comnission, 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 June 16, 1988 and Revised January 23, 1989, which is available for public inspection at the Comnission's Public Document
- Room, the Gelman Building, 2120 L Street, N.W., Washington, D. C.
- 20555, and at the Local Public Document Room, located at the Maude Preston Palenske Memorial Library, 500 Market Street, St. Joseph, Michigan 49085.
Dated at Rockville, Maryland, this 2Ist day of November 1989.
FOR THE NUCLEAR REGULATORY COMMISSION
$36.
Joseph G. Giitter, Project Manager Project Directorate III-1 Division of Reactor Projects - III, IV, V and Special Projects Office of Nuclear Reactor Regulation