ML19332D863
| ML19332D863 | |
| Person / Time | |
|---|---|
| Site: | Point Beach  |
| Issue date: | 11/28/1989 |
| From: | Hannon J Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML19332D864 | List: |
| References | |
| RTR-REGGD-01.099, RTR-REGGD-1.099 NUDOCS 8912050358 | |
| Download: ML19332D863 (8) | |
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7590-01
. UNI TED. STAT ES i NUCL EAR. REGUL ATORY COMMI SS 10N WISCONSIN ELECTRIC. POWER COMPANY P0lWT. BEACH.WUCLEAR. PLANT UWft NOS. 1.AND.2 i
DOCKET.NOS. 50-266 AND 50-301 NOTICE OF CONSIDERATION.0F.lSSUANCE OF AMENDMENT.T0 FACILITY OPERATING LICENSE AND PROPOSED NO SIGNIFICANT.WAZARDS CONSIDERATION DETERMINATION AND.0PPORTUNITY FOR HEARING The U. S. Nuclear Regulation Comission (the Commission) is considering r
issuance of anendments to facility Operating License Nos. DPR-24 and DPR-27,
-issued to. the Wisconsin Electric Power Company (the licensee), for operation of the Point Beach Nuclear Plant, Units Nos. I and 2 located in Manitowoc County, Wisconsin.
c The ~ proposed amendments woulo revise provisions of the Point Beach Nuclear Plant, Unit:Nos.1 and 2, Technical Specifications (TS) relating to the parmis-sible heatup and coolcown curves. The heatup and cooldown limitation curves l'
have' been revised to be applicable through 18.1 effective full power years.
Further, the technical specifications have been simplified by taking the most l
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. limiting set of curves derived for either Unit 1 or Unit 2 and making that set L
l-applicable to both units. The proposed changes are necessary to provide an l
acceptable operating range of pressures and temperatures to protect the reactor vessels against non-ductile failure. These curves need to be revised periodically l
to account for changes in reactor vessel materials characteristics due to neutron L
embrittlement. Specifically, the proposed amendments would replace TS figures 15.3.1-1 and 15.3.1-2 with revised heatup and cooldown curves applicable to both
. units. Technical Specification figures 15.3.1-3 and 15.3.1-4, applicable to p
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.. y Unit 2only,would,bedeleted.
Technical Specification references to these figures in T S 15.3.1.B.1, 15.3.1.B.4, 15.3.1.F.3, and 15.3.15.A.1 would be changed to reflect the use of only one set of heatup and cooldown limit curves for both units. The Basis section for TS 15.3.1.B would also be changed both to reflect the use of only one set of heatup and cooldown curves and to reflect revised methodology for how these curves are calculated.
Finally, the Basis section for TS 15.3.1.F would be revised to correct a reference from 10 CFR Part 50, Appendix G Section IV. A.2.c to Section IV. A.3.
Before issuance of the proposed license amendments, the Commission will have mace 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 Comission'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 4
accident previously evaluated; or (3) involve a significant reduction in a margin of safety. The basis for this proposed determination is provided below.
The proposed changes would not involve a significant increase in the probability or consequences of an accident previously evaluatod. The proposed heatup and cooldown curves were calculated using the most limiting reactor vessel weld material and neutron fluence information from either unit as input to NRC accepted methodology delineated in Regulatory Guide 1.99, Revision 2.
The underlying purpose of these curves remains unchanged, i.e. to define an
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_o e acceptable operating range of pressures and temperatures to protect the n
reactor vessels against noneductile failure. The proposed amendnents would not create.the possibility of a new or different kind of accident from any accident previously evaluated since the amendments would not result in any physical changes either to plant equipment or procedures. Finally, the proposeo amendments.would not involve a significant reduction in a margin of safety for the sabe reasons discussed above under the probability or consequences of an accident previously evaluated.
Indeed, the purpose of these changes is to pre-serve that margin of safety by altering the heatup and cooldown curves to account for the change in reactor vessel materials properties due to neutron embrittle-nent. No other safety margins are affected.
Therefore, based on the above considerations, the Comission has made a proposeo determination that the amencment request involves no significant L
hazards consioeration.
The Commission is seeking public coments on this proposed determination.
L Any corrents received within 30 days after the date of publication of this 1
1 notice will be considered in making any final determination. The Comission will-not normally make a final determination unless it receives a request for a hearing.
Written coments 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 Comission, Washington, D.C.
20555, and should cite the publication date and page number of this FEDERAL REGISTER notice. Written coments may also be delivered to Room P-223,
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- Phillips Building, 7920 Norfolk Avenue, Bethesda, Maryland, f rom 7:30 a.m.
to 4:15 p.m.
Copies of written conenents received may be examined at the NRC 1
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 4,1990
, 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 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.
Interested persons shou?d 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 the Joseph P. Menn Library,1516 Sixteenth Street, Two Rivers, Wisconsin.
If a request for a hearing or petition for leave to intervene is filed by the above L
date, the Conrnission or an Atomic Safety and Licensing Board, designated by l
the Cocraission or by the Chairman of the Atomic Safety and Licensing Board Panel, l'
l will rule on the request and/or petition and the Secretary or the designated L
Atomic Safety and Licensing Board will issue a notice of hearing or an appro-L priate order.
l As required by 10 CFR 62.714, a petition for leave to intervene shall set forth with particularity the interest of the petitioner in the proceeding, and l
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~5-L 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
'l on the petitioner's interest.
The petition should also identify the specific aspect (s) of the subject natter of the proceeding as to which petitioner wishes j
l to intervene. Any person who has filed a petition for leave to intervene or who hos been admitteo as a party may amend the petition without requesting leave of the Board up to'fif teen (15) cays prior to the first prehearing conference scheduled in the proceeding, but such an amendec petition must satisfy the specificity requirements described above, hot later than fif teen (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 notter. Each contention must consist of a specific statenient 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 f acts 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 1
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'l 4 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 requirenents
- L with respect to at least one contention will not be permitted to partici-1 pate as a perty. -
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 1
will serve to decide when the hearing is held.
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l If the final determination is that the amendment request involves no signific6nt hazards consideration, the Commission may issue the amendment and make it effective, notwithstanding the request for a hearing. Any hearing held _woule take ploce af ter issuance of the amendnent.
If the final determination is that the amendment request involves l
' a significant hazards consideration, any hearing held would take place before the issuance of any amendment.
Normally, the Comission 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,
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the Comission may issue the license amendment before the expiration-of the 30-day notice period, provided that its final determination is that J
the amendment involves no significant hazards consideration. The final determination will consider all public and State comments received..
L Should the Comission take this action, it will publish a notice of issuance and provide for opportunity for a hearing after issuance.
The Comission Expects' that the need to take this action will occur l
very infrequently.
A request for a hearing or a petition for leave to intervene must be filed with the Secretary of the Comission, U.S. Nuc. lear Regulatory l
Commission, Washington, D.C.
20555, Attention: Docketing end 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-f ree telephone call to Western Union at 1 (800)325-6000(inMissouri 1 (800) 342-6700). The Western Union operator should be given Datagram Identification Number 3737 and the following message addressea to John N. Hannon: 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 Comission, 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.
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Nontinely 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 Comission, the presiding
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officer, or the 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)(1)-(v) and 2.714(d).
For further details with' respect to this' action, see the application for amendment dated August 3, 1989, as amended October 3, 1989, which is available for.public inspection at the Comission's Public Document Room, the Gelman Building, 2120 L Street, N.W. Washington, D.C.
20555, and at the Joseph P. Mann Library,1516 Sixteenth Street, Two Rivers, Wisconsin.
Dated at Rockville, Maryland, this 28th day. of November 1989.
FOR THE NUCLEAR REGULATORY COMMISSION
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hn N. Hannon, Director f roject Directorate 111-3
/ Division of Reactor Projects - III IV, V and Special Projects Office of Nuclear Reactor Regulation
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