ML20012E294
| ML20012E294 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 03/27/1990 |
| From: | Butler W Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML20012E293 | List: |
| References | |
| NUDOCS 9004030179 | |
| Download: ML20012E294 (11) | |
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UNITED STATES NUCLEAR REGULATORY COMMISSION' LONG ISLAND LIGHTING COMPANY DOCKET NO. 50-322 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE AND PROPOSED NO SIGNIFICANT NAZARDS CONSIDERATION DETERMINATION AND OTPORTUNITY FOR HEARING The U.S. Nuclear Regulatory Comission (the Comission) is considering
. issuance of an amendment to Facility Operating License No. NPF-82 issued to JLong-Island. Lighting Company, for operation of the Shoreham Nuclear Power Station,. Unit 1, located in Suffolk County, New York.
The proposed amendment would add on page 6 of Facility Operating License No. NPF-82, imediately following the text of License Condition 2.C(13), a new License Condition 2.C(14), to read as follows:
The requirements set forth in License Conditions (9) through (13) will not apply if-the-following conditions exist:
- 1) The reactor is void of all fuel assemblies; and
?) The spent fuel, with a burnup of approximately two effective full-power days, is stored in the spent fuel storage pool or other approved storage configuration.
This request for license amendment, coupled with the licensae's request for exemption from the requirements of 10 CFR 650.54(q)-and proposed changes to its Shoreham Nuclear Power Station Emergency Preparedness Plan, would allow the licensee to cease its offsite emergency preparedness activities.
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Before issuance-of the proposed license amendment, the Comission will
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have made findings required by the Atomic Energy Act of 1954, as amended (the
_Act) and the Comission's regulations.
The Comission has made e proposed determination that the request for amendment 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 nf a new or different kind of accident from any accident previously evaluated; or (3) involve a significant reduction in a margin of safety, i
The licensee has= determined that the proposed change does not involve a significant hazards consideration for the Shoreham Nuclear Power Station, Unit 1, on the basis of the following analysis, which-was provided in its tubmittal of December 15, 1989:
A.
The Proposed Amendment Does Not involve a Significant increase in the Probability or Consequence of an Accident Previously Evaluated.
The probability of a previously evaluated accident will not be increased because the amendment does not affect the function or operation _of any system or equipment, but merely permits the cessation of certain offsite emergency preparedness activities.
No physical changes will.be made to the facility as a result of this proposed amendment, and all applicable Limiting Conditions for Operation, Limiting Safety Systems Settings, and Safety Limits e
specified in the Technical Specifications will remain unchanged as a result of this proposed amendment. Likewise, the amendment will not degrade the performance of any safety system or increase challenges to any. safety system assumed to function in the accident analyses.
Moreover, based on its Safety Analysis, LILCO has determined that with Shoreham in its non-operating, defueled condition, the probability of a previously analyzed accident is significantly i
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reduced. The Safety Analysis reveals that Shoreham's spent fuel is in a~ low burnup condition, and that the amount of decay heat being generated by the fuel as of June 1989 is negligible --
approximately 550 watts. With'the fuel in such a low burnup condition,.the Safety Analysis indicates that active systems for pool water makeup are not required and.that pessive cooling in the fuel pool is sufficient to maintain fuel cladding integrity.
The Safety Analysis also establishes that the consequences of praviously evaluated accidents are greatly decreased, given Shoreham's defueled status. The Safety Analysis reviews the spectrum of accidents evaluated in the'Shoreham Updated Safety AnalysisPeport(USAR)andidentifiesthoseeventsthatapplyto the storage and handling of. spent fuel. Two events have been found to be relevant:
(1) Fuel-HandlingAccident-(USAR[Section) m 15.1.36), and (2)~ 1.iovid Radwaste Tank Rupture (USAR [Section) 15.1.32). For the Fuel-Handling Accident, the Safety Analysis calculates that the integrated whole body and skin doses are less than0.00005[ percent)ofthe10CFRPart100 limits. For the liquid radwaste tank rupture, the integrated whole body, skin, and maximum organ (lung) doses are less than 0.000000A [ percent) of the 10 CFR-Part 100 limits. Given these de minimis doses, it is clear that the cessatien of offsite emergency preparedness will not result in any
. increase in the consequences of a previously evaluated accident.
B.
The Proposed Amendment Will Not Create the Possibility of a New or Different Kind of Accident from any Accident Previously Evaluated..
Again, the amendment will only remove certain conditions related 1
to emergency preparedness from Shoreham's operating license. The amendment itself dees'not affect the function or operation of any system or equipment.
C.
The Proposed Amendment Does Not Involve a Significant iiecuction in a Margin of Satety.
With Shereham in its non-operating and defueled condition, the cessation of offsite emergency preparedness activities will not increase the risk of radiological exposure to the offsite general public. As noted above, the Safety Analysis establishes that the two applicable events previously evaluated in the Shoreham USAR have no significant radiological consequences. The Safety Analysis also postulates a " worst case" radiological event, in which the entire gaseous inventory of the entire core is released to the reactor building. For this event the integrated whole body and skin doses are less than 0.031 [ percent] of the dose limits established by 10 CFR Part 100.
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The licensee, in its letter of January 12, 1990, comitted not to place nuclear fuel back into the Shoreham reactor without prior NRC approval.
Further, the licensee reiterated its understanding that in accordance with the proposed amendment.if it were to place nuclear fuel into the Shoreham vessel it must reestablish an offsite emergency response organization
.conparable in effectiveness to LERO which the NRC approved prior to issuance of the Shoreham full-power license. The staff concurs with the licensee's analysis.
Therefore, based on the above considerations, the Comission has made a proposed determination that the amendment reovest involves no significant hazards consideration.
The Commission is seeking public coments on this proposed determinetion.
Any coments received within 30 c'ays after the date of publication of this notice will be censidered in making any final determination. The Commission will not normally make a final determination unless it receives a request for a hearing, d
Written coments mey be submitted by mail to the Regulatory Publications Branch, Division of Freedom of Information and Publications Services,~0ffice 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-2?3, Phillips Building, 7920 Norfolk 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 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, f
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, 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. Request for a hearing and petitions for leave to intervene shall be filed in accordance with the Comission'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.W.,
Washington, D.C.-20555 and at the Local Public Document Room located at the Shoreham-Wading River Public Library, Route 25A, Shoreham, New York 11786-9697.
If the request.for a hearing or petition for leave to intervene is filed by the t
above date, the Commission or an Atomic Safety and Licensing Board, designated by the Comission 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 reouired by 10 CFR 92.714, 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)thenature 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 L
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.1 6-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 e petition for leave to ir+arvene or who has been admitted as a party may amend the petition without iequesting 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.
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 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.
Intaddition, 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 amendments under consideration. The contention must be one which, if proven, would entitle the l
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.
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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
.npportunity to present evidence and cross-examine witnesses.
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If a hearing is requested,-the Comission 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 reouest for amendment involves no significant hazards' consideration, the Comission 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 involves 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 exairple, in derating or shutdown of the facility, the Comission 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 coments received. 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 very infrequently.
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~A request for a hearing or a petition for leave to intervene must be
+_ y filed with.. the Secretary of the Comission, U.S. Nuclear Regulatory.
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Comission, Washington, D.C. 20555, Attention: Docketing and Service Branch, or may be delivered to the Comission's Public Document Room, the Gelman Building, 2120 L Street, N.W., Washington, D.C., by the above cate. Where petitions are filed _during_the last ten (10) days of the notice period, it is t
- requested that the petitioner promptly so-inform the Comission by a toll-free 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 addressed to Walter R. Butler, Director, Project
' Directorate 1-2, Division of Reactor Projects I/II:
(petitioner'.snameand 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 Cornission,-Washington, D.C. 20555, and to Conner and Wetterhahn, 1747 Pennsylvania Avenue, N.W., Washington, D.C.
20006, 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 Comission, the presiding officer or the Atomic Safety and Licensing-Board that the petition and/or request should be granted based
_upon'a balancing of factors specified in 10 CFR 2.714(a)(1)(i)-(v) and 2.714(d).
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,- 9, For:further details with respect to-this action, see the application for amendment. dated December 15, 1989, which'is available fo~ public inspection at the Comission's~ Public Document Room, the Gelman Building. 2120 L-Street.N.W. Washington, D.C. 20555, and at the Shoreham-Wading River Public Library, Route 25A, Shoreham, New York 11786-9697.
Dated-at Rockville, Maryland, this 27th day of March 1990.
FOR THE NUCLEAR REGULATORY COMMISSION-
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. die Walter R. Butler, Director Project Directorate I 2 Division of Reactor Projects'- I/II Office of Nuclear Reactor Regulation i
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.Mr.' Williem E. Steiger, Jr.
Shoreham Nuclear Power Station Lorg Island Lighting Company i
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' Victor-A. Staffieri, Esq.
MHB Technical Associates General Counsel 1723 Hamilton Avenue Long Island Lighting Company Suite K si 175 Fast Old County Road San Jose, California 95125
. Hicksville,. New York 11801 Richard M. Kessel W.-Taylor Reveley, III, Esq.
Chairman & Executive Director Hunton L Williams New York State Consurer Protection Post Office Box 1535 Board-707 East Main Street Room 1725 Richmond, Virginie 23212 250 Broadway New York, New York 10007 Mr. Lcurence Britt' Shorehan Nuclear Power Station Jonathan D. Feinberg, Esq.
Post Office Box 618 New York State Departnent Wading River, New York 11792 of Public Service Three Empire State Plaza Mr. Jeck Notaro Albany, New York 12223 Plant Manecer Shoreham Nuclear Power Station Fabian G. Palomino, Esq.
Post Office Box 628 Special Counsel to the Governor Wadire River, New York 11792 Executive Chamber - State Capitol Albany, NY 12224 Pesident Inspector Shorehan UPS Martin Bradley Ashare, Esq.
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!U.S. Nuclear Regulatory Commission Suffolk County Attorney Post Office Box B H. Lee Dennison Building-Rocky Point,. New York 11778 Veteran's Memorial Highway t
Regional Administrator, Region-I
' U.S. Nuclear Regulatory Cornission Robert Abrams, Esq.
47E Allendale Reed Attorney General of the State
- King ef: Prussia, Pennsylvania -19406 of New York Ps. Denna Ross
- ATTH: John Corwin, Esq.
New York State Department of Law New York State Energy Office Censumer Protection Bureau Agency Euilding 2 120 Broadway Enpire State Plaza 3rd Floor Albany, New York 12223 New York, NY 10271 f
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~ Long Island Lighting Company--
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-Shoreham cc:
James P. McGranery, Or., Esq.
~ Leonard Bickwit, Jr., Esq.
Dow, Lohnes and Alberson Miller & Chevalier, Chartered 1
Suite 500 Metropolitan Square
-1255 23rd Street, N.W.
655 Fifteenth Street, N.W.
i Washington, D.C.
20037 Suite 900 Washington, D.C. - 20005-5701 Dr. A. David Rossin Resources Conservation Organization Suite 320 101 first Street Los. Altos, CA 94022 David J. McGoff-Associate Deputy Assistant Secretary for Reactor Deployment U.S. Department of Energy.
- Washington, D.C.
20545
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