ML20012C979
| ML20012C979 | |
| Person / Time | |
|---|---|
| Site: | South Texas  |
| Issue date: | 03/13/1990 |
| From: | Dick G Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML20012C968 | List: |
| References | |
| NUDOCS 9003260237 | |
| Download: ML20012C979 (7) | |
Text
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f 7590-01 UQTED_STA,T.E_SNUCLEARREGULATORYCOMMISSION T
HOUSTON LIGHTING & POWER COMPANY DOCKET N05. 50-498 AND 50-499
!!0TICE OF CONSIDERATION OF ISSUANCE OF AMENDMENTS TO FACILITY OFERATING LICENSE AND PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION AND OPPORTUNITY FOR EEARING The U.S. Nuclear Regulatory Cortc.ission (the Comission) is considering istut.nce of amendments to Facility Operating License Nos. NFT-76 and NFF-80 issuedtoHoustenLighting&PowerCompany(thelicensee)foroperationof the South Texas Project, Units 1 and 2 located in Matagorda County, Texas.
TheproposedarendrentswouldchangeTechnicalSpecification(TS)3.3.3.6 regarding the action to be taken in the event of one of the four pressurizer level pcst-accident n;cnitoring channels becoming inoperable. Specifically, the l
change would eliminate the requirement to shutdown the plant if one of the l
four channels is inoperable. The shutdown requirement wculd be retained for i
the condition of two inoperable channels.
1 Befcre issuance of the propcsed license amendt.ents, the Comission will have rade findings required by the Atomic Energy Act of 1954, as amended (the Act) and the Comission's regulations.
The Cemission has made a proposed determination that the request for amendments involve no significant hazards consideration.
Under the Comissien's regulaticns in 10 CFR 50.92, this means that operation of the facility in accordancewiththeprcposedamendmentswouldnot(1)involveasignificant I
increase in the probability or consequences of an eccident previously evaluated; I
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~2-cr (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 proposed change does not involve a significant increase in the prcbability or consequences of an accident previously evaluated.
Eliminating the shutdown requirement in the ACTION statement for loss of one of four channels of pest-accident monitoring instrumentation does not affect the probability of an accident because monitoring instrumentation dcas not contribute to accident prcbability. The accident mitigation function of the subjectinstrumentationisaddressedbyotherTechnicalSpccifications(e.g.,
TS 3.3.1), which are unaffected by this proposed change. Additionally, three channels of Fressurizer Level can monitor the pressurizer level in a post-accident mode and provides one more chanr.cl than the redundancy specified in Regulatory Guide 1.97. Consequently, the consequences of an accident are nct affected by the proposed change.
The proposed change does not create the possibility of a new or different Lind of accident from that previously evaluated. The proposed change involves nc changes to the station or its design bases nor does it impose any new accident scenaries. Therefore, based on the above considerations, the Connission. has nade a proposed determination that the amendment request involves no significant hazards consideration.
The proposed change does not involve a significant reduction in a margin of safety. The channels do not contribute to the accident mitigation function.
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Therefore, based on the above considerations, the Comission has made a proposed deterninetion that the amendment request involves no significant hazards consideration.
The Comission is seeking public coments on this proposed determination.
1 Any cor.r..ents received within 30 days after the date of publication of this notice will be considered in snaking any final determination. The Comission will not normally make a final determination unless it receives a request fcr a hearing.
Written comments nay be subritted by mail to the Regulatory Publications 1
Brarch, Civision of Freedom of Information and Publications Services Office of Administration, U.S. Muclear Regulatory Comission, Washington, D.C.
- 20555, and shculd cite the publication date and page number of this FEDERAL REGISTER notice. Written comments nay also be delivered to Room P-223, Phillips Building, 7920 horfolk Avenue, Bethesda, Maryland, from 7:30 a.m. to 4:15 p.m.
Copies of written coments received may be examined at the NRC Public Document Room, the Celtran Building, 2120 L Street, N.W., Washington, D.C.
The filing of requests for hearir.g er.d petitier.s for leave to intervene is discussed below.
Ey April 16, 1990
, the licensee n y file a request for a hearing with respect to issuance of the amendments to the subject facility operating license at.d any person whose interest.itay be affected by this proceeding and whc wishes to participate as a party in the proceeding must file a written p tition for leave to intervene. Request for a hearing and petitions for leave to intervene shall be filed in accordance with the Comission's " Rules of Practice for Doraestic Licensing Proceedings' in 10 CFR Part 2.
Interested persons should censult a current copy of 10 CFR 2.714 which is available at
.g.
r the Com.ission's Public Document Roon, the Gelr.an Building, 2120 L Street, N.W., Washington, D.C. 20555 and at the Local Public Document Room located at Whartca County Junior College, J. M. Hodges Learning Center, 911 Boling Highway, Wharton, Texas 77488 and Austin Public Library, 810 Guadalupe Street, Austin, Texas 7E701.
If a request for a hearing or petition for leave to intervene is filed Ly the above date, the Comission or an Atomic Safety and Licensing Board, designated by the Comission or by the Chairman of the Atomic Safety ar.d Licensing Board Panel, will rule on the request and/or petition arid
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the Secretary or the designated Atomic Safety and Licensing Board will issue a notice of hearing or an appropriate order.
As required by 10 CFP 12.714, a petition for leave to intervene shall set forth with particularity the interest of the petitioner in the proceeding, and how thtt interest may be affected by the results of the proceeding. The pctition shculd specifically explain the reasons why intervention should be perttitted with particular reference to the following factors:
(1)thenature cf the petitiontr's right under the Act to be made party to the proceeding; (2)thenatureendextentofthepetitioner'sproperty, financial,orother intettstintheproceeding;and(3)thepossibleeffectofanycrderwhich may be entered in the proceeding on the petitioner's interest. The petition should also identify the specific espect(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 reayamendthepetitionwithoutrequestingleaveoftheBoarduptofifteen(15) days prior to the first prehearing conference scheduled in the proceeding, but such an arended petition must satisfy the specificity requirements described abcve.
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5-Notlaterthanfifteen(35)dayspriortothefirstprehearingconference 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 Le 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 preving the contention at the hearing. The petitioner must also provide refererices 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 most provide sufficient information to show that a
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genuine dispute exists with the applicant on a material issue of law or fact.
Contentions shall te limited to matters within the scope of the amendments under consideration. The contention must be one which, if proven, would entitle the petitioner to relief. A petitioner who fails to file such a surplement which satisfies these requirements with respect to at least one contentict will not be permitted to participate as a party.
Those permitted to intervene become parties to the proceeding, subject to ary limitations in the order granting leave to intervene, and have the opportunity to participate fully in the conduct of the hearing, including the l-opportunity to present evidence and cross-examine witnesses.
If a heering is requested, the Comission will make a final determination en the issue of no significant hazards considerations. The final determination will serve to decide when the hearing is held, l
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If the final d4 termination is that the request for amendinents involve no significant hazards consideration, the Comission may issue the amendments and rake them effective, notwithstanding the request for a hearing. Any hearing held would take place after issuance of the amendments.
If a final determination is that the amendments involve a significant j
horards consideration, any hearing held would take place before the issuance cf eny arnendments.
Mcrrtally, the Comission will nct issue the amendments until the expiration of the 30-day r$tice peried. Hewever, should circumstances change during the notico period such that failure to act in a timely way would result, for example, in dtratir:g or shutdown of the f acility, the Comission may issue the license amendments before the expiration of the 30-day notice period, provided that its final deterrcinatico is that the arrendments involve no significant hazards cer.sideratior,s. The final determination will consider all public and State cor. cents received. Stc.uld the Corra.ission take this action, it will publish a netice of issuance and provide for cpportunity for a hearing after issusnce.
The Ccrcr.;ission expects that the need to take this acticn will occur very infrequently.
1, request for a hearing or a petition for leave to intervene must be filtd with the Secretary of the Corzission, U.S. Nuclear Regulatory Cormission, Washington, D.C. 20555, Attention: Docketing and Service Branch, or may be delivered to the Corctc.ission's Public Docunent Room, the Gelitan Building, 2120 L Street, N.W., Washington, D.C., by the above date. Where petitions are filed
, during the last ten (10) deys of the notice period, it is requested that the petiticr.cr promptly so inform the Comission by a toll-free telephene call to Western Union at 1-(800)325-6000(in!!issouri 1-(800)342-6700). The Western l
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7 Unicn cperator should be given Datagram Identification Number 3737 and the following nessage addressed to Frederick J. Hebdon: (petitioner'snameand telephone number), (date petition was inailed), (plant name), and (publication dateandpagenusterofthisFECERALREGISTERnotice). A ccpy of the petition should also be sent to the Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555, and to Jack R. Newman, Esq.,
Newn.an & Holtzinger, P.C.,1615 L Street, N.W., Washington, D.C.
- 20036, attorney for the licensee.
Nentirt.cly filings of petitions for leavt to intervene, amended petitions, supplemental p titicr.s and/or requests for hearir.g will not be entertained absent a deterr.inction by the Commission, the presiding cfficer 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) and2.714(d).
For further details with respect to this action, see the application for at:ende.ents dated March 7,1990, which is availtble for pbblic inspecticn at the Consission'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 Wharton County Junior College, J. M. Hodges Learning Center, 911 Boling Highway, Wharton, Texas 77488 and Austin Public Library, 810 Guadalupe i
l Dated at Rockville, Maryland, this 13th day of March 1990.
FOR THE NUCLEAR REGULATORY COMMISSION hk$
Geor
. Dick, J,, Project Manager Project Directorate IV I
Division of Reactor Projects - III, l
IV, Y and Special Projects Office of i:Ucle.ar Reactor Regulation
.