ML17328A454
| ML17328A454 | |
| Person / Time | |
|---|---|
| Site: | Cook  |
| Issue date: | 09/11/1990 |
| From: | Stang J Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML17328A455 | List: |
| References | |
| NUDOCS 9009280048 | |
| Download: ML17328A454 (10) | |
Text
7590-0I UNITED STATES NUCLEAR REGULATORY COMMISSION INDIANA MICHIGAN POHER COMPANY NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT.TO FACILITY OPERATING LICENSE AND PROPOSED NO SIGNIFICANT HAZARDS CONS IDERA'TION-DETERYiINATION AND OPPORTUNITY FOR HEARING The U. S. Nuclear Regulatory Commission (the Commission) is co>>sidering issuance of amendment to Facility Operating License Nos.
DPR-58 and DPR-74, issued to Indiana Vichigan Power Compaiiy (the licersee), for operation of the Donald C.
Cook Nuclear Plant, Unit Nos. I and 2, located in Berrien County, Michigan.
The proposed amendment would allow the use of flashing lights and rope boundaries to serve as a substitute for a locked door as providing a locked door is riot possible or practical due to area size of ccrfiguration.
Technical Specification (TS) 6.12.2 currently requires
'hat locked doors provided to prevent unauthorized entry into areas in which the intensity of radiation is greater than 1000 mrem/hr.
Before issuance of the proposed license anendme>>t, the Commission will t.ave made findings required by the Atomic Energy Act of 1954, as amended (the Act.), and the Cooeission's regulations.
The Commission has made a proposed determination that the amendment request inivolves 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 (I) i>>vclve a significant increase in the probability or consequences of an accident previcusly evaluated; or (2) create the possibility of a riew or different kind of accident from any accident previously evaluated; or (3) involve a sig>>ificant reduction in a margi>> of safety.
8'8 p(g)p-g-g PDR ADOCK 050003i5 roc The licensee provided an analysis that addressed the above three standards in the amendment applications.
1.
The proposed change would not increase the probability or consequences of a previously evaluated accident because changing the access control requirements for high radiation areas does not impact any of the previously analyzed accidents 2.
The proposed change will nct create the possibility cf a new or different kind of accident from any previously aralyzed or evaluated because the proposed change does not involve a
change in plant configuration or operation and will not place the plant in an unanalyzed condition.
3.
The charge proposed will not involve a significant reductior, ir a margin of safety because the use of flashing lights in a specifically posted area wi 11 provide adequate protection against unauthorized entry into ar, area with dose rates exceeding 1000 mrem/hr.
The proposed charge is consistert with the language contained in the Hestinghouse Standard TSs.
The staff has reviewed the licensee's evaluation and concurs with their findings.
Therefore, based on the above considerations, the Commission has made a proposed determination that the amendment request involves no significant hazards consideration.
The Con.missicn is seeking public comments on this proposed determination.
Any comments received within 30 days after the date of pvblic.ation of this notice will be considered in making any final determination.
The Commission will rot normally make a final determination urless it receives a request for a hearing.
Written comments may be submitted by mail to the Regulatory Publica-tions Branch, Division of Freedom of Information and Publications Services, Office of Administration, U.S. Nuclear Regulatory Comriission, 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 Averue, Bethesda,
- Maryland, from 7:3C a.m. to 4: 15 p.m.
Copies of. written comments received may be exatrined at the NRC Public Document Room, the Gelman Building 2120 L
Street.,
N.W., Washington, D.C.
The filing cf requests for hearing and petitions for leave to intervene is discussed below.
By October 18
)990
, the licensee may file a request for a hearir.g 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 petition for leave to intervene.
Requests for a hearing and petitions for leave to intervene shall be filed ir, 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, N.H., Washington, D.C.
20555 and at the local public document room located at the Yaude Preston Paleske Yiemo'rial 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 Commission or an Atomic Safety and Licensing Board, desigrated by the Commission or by the Chairman of the Atomic Safety ard Licensing Board
Panel, will rule ori the request arid/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 52.714, a petition for leave to intervene sl;all 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 particu1ar 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 riature anC 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' 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 p~titi<<n ior 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.
Hot later than fifteen (15) days prior to the first prehearing corifererice scheduled in the proceeding, a petitioner shall file a supplemert 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 aodition, 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 ertitle the petitioner to relief.
A petitioner who faHs tc file such a supplement which satisfies these requirements with respect to at least one contenticr. will riot be permitted to partici-pate as a party.
Those permitted to intervene become parties to the proceeding, subiect to any limitations in the order granting leave to intervene, and have the'pportunity 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 det ero,ii ation 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 aa'endment and make it effective, notwithstanding the request for a
hearing.
Any hearing held would take place after issuance of the amends:ent.
If the final determination is that the amendment request involves a significart 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 charge Curing the notice period such that failure to act in a timely way v;oulC result, for example, in derating or shutdown of the facility, the Commissicr.
may issue the license amendment before the expiration of th<< 30-Cay notice period, provided that its final determination is that the amendment involves no significant hazards consideration.
The final ceterr,'iration will consider all public and State'omments received.
Should the Conn<ission take this action, it will publish a notice of issuance and provide for opportunity for a hearino after issuance.
The Comr,.ission expects that the need to take this action will occur very ii.frequently.
A request for a hearing or, a petition for leave to intervene must be filed with the Secretary of the Commission, U.S. Yuclear Regulatory Cons ission, Washington, D.C.
20555, Attention:
Docketing and Service Branch, or may be delivered to the Commission's Public Document
- Room, the G<<lman 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 I-(800) 325-6000 (in t'lissouri 1-(800) 342-6700).
The Western Union
I
(perator should be given Datagram Identification Number 3737 and the following miessage addressed to Robert C. Pierson: petitioner's name and telephone number; date petition was mailed; plant niame; 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, Mashington, D.C. 20555, and to Gerald Charnoff, Esq.,
Shaw, Pittrrar, Potts arid Trowbridge, 2300 N. Street N.M., Vashington, 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 entertaireC absent a determination by the Commission, the presiding officer, or the Atomic Safety arid Licensing Board that the petition ard/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 an.et.dment dated Jurie 25, 1990, as amended August 14, 1990, which is availcble for public inspection at the Commission's Public Document
- Room, the Gelman Building, 2120 L Street, N.h'." Mashington, D.C.
- 20555, and at the Vaude Prester.
Palenske Nemorial Library, 500 Varket Street.,
St.
- Joseph, Yichigan 49085.
Dated at Rockville, maryland, this iith day of September 1990.
FOR THE NUCLEAR REGULATORY COYt1ISSION hr Staring, Acting Director roject Directorate III-I Division of Reactor Projects - III IV, V and Special Proiects Office of Nuclear Reactor Regulation
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