ML20024A624
| ML20024A624 | |
| Person / Time | |
|---|---|
| Site: | McGuire, Mcguire  |
| Issue date: | 06/09/1983 |
| From: | Jabbour K Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML20024A625 | List: |
| References | |
| TAC-51383, TAC-51384, TAC51383, NUDOCS 8306210427 | |
| Download: ML20024A624 (7) | |
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UNITED STATES NUCLEAR REGULATORY COMMISSION DUKE POWER COMPANY DOCKET NOS. 50-369 AND 50-370 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE AND PROPOSED NO SIGNIFICANT HAZARDS
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- CONSIDERATION DETERMINATION AND OPPORTUNITT FOR HEARING The U.S. Nuclear Regulatory Comissi~on (the Commission) is' considering
, issuance of amendments to Facility Operating License No. NPF-9 and Facil.ity-Operating License No. NPF-17, issued to Duke. Power Company (the licensee)', for operation of the McGuire Nuclear Station, Uniti 1 and 2, located in Mecklenburg County, North Carolina.
The amendmIents would revise the setpoint and its tolerance for the Upnar Haad Injection" (UNI) accianulator automatic isolation, in accordance with the licensee's application for amendments dated April 18, 1983.
Before. issuance of the proposed license amendments, the Comission will have made findingstrequired by the: Atomic. Energy Act.of 1954, as amended (the Act) and the Commission's regulations
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i The Comissic::.Ms made a proposed determination that the amendments request involves no significant hazards consideration. Under the Commission's reculations in 10 CFR 50.92, this means that operation of the facilities in
'accordance with the proposed amendments would not (1) involve a significant
.. increase:.in the probability:or;; consequences of an accident previously evaluated; t
8306210427 830609 PDR ADOCK 05000369 P
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7590-01 f
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 J
margin of safety.
The Commission has provided guidance concerning the application of these Standards by providing certain examples (48 FR 14870). One of these exanles of actions likely to involve no significant hazards consideration relates to an amendment which either may result in some increase to the probability or consequences of a previously-analyzed accident or may reduce in some we i
a safety margin, but where the results of tne change are clearly within all
- c. acceptable-criteria with respect to the system or component specified in-the u Standard Review Plan The Comission proposes to determine that the amendment
.. doesanot involve a significant hazards consideration since the change does not adversely affect the most limiting large break LOCA event for the McGuire facility and will not cause the limits ~of 10 CFR 50.46 (Acceptance Criteria For Emergency Core Cooling Systems for-Light-Water Nuclear Power Plants) to be exceeded.
The Comission is seeking public.. comments'on-this proposed determination.
Any comments received within'30 days afterte date of publication of this. notice will be considered in making any final determination. The Connission will not normally make:a final determination unless it receives a request for a hearing.
Coments should be addressed to the Secretary of the Comission, U,S.
.. Nuclear-Regulatory Comission, Washington, D.C.
20555, Attn:
Docketing and Service Branch.
7590-01 By July 18, 1983, 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 Cormnission's " Rules
" ofcRractice for Domestic Licensing Proceedings" in 10 CFR Part 2.
If a request for a hearing or petition for leave to'. intervene is filed by the above date, the Conurission or an Atomic Safety and Licensing' Board, designated by.the Countission or by the Chairman of the Atomic Safety and Licensing Board Panel, rwill. 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 approi i
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priate order.
O < rrAs required by 10 CFR..52.-714,1atpetition for leave.to intervene shall 4 set forth with particularity the: inter'est_of the petitioner in the proceeding, and how that interest may.be.affected by-the results of the proceeding. The
-petitioneshouldspecifically explain the reasons why intervention should be -
- permitted with particular reference to the following fat' tors:
(1) the nattire of the petitioner's right under the Act to be made a party to the proceeding;
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(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 1
umay betentered inuthe proceeding on:the. peti.tioner's interest. The petition
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should also identify the spectftc aspect (s) of the subject matter of the-i proceeding as to which petitioner wishes to intervene. Any person.who has-l i
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7590-01
. 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 f,1fteen (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 r-to. intervene which must. include _a-list of the contentions which are sought -
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- to be litigated in the matter.and the bases for-each contention, set forth
- with reasonable specificity. -Contentions shal1~ be limited to naatters within-
..the scope of the amendment under consideration. A petitioner who fails to ~
file such a supplement which satisfies these requirements with respect to at.least one contention will not be pensitted 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 2: opportunity:to participate f lly.in the conduct of the hearinge including 1.
-e w-the cpportunity to present-evidence and cross-examine witnesses.
If a hearing is requested, the Conmiission will make a final determination on the issue of no significant hazards consideration. The final determina-tion will serve.to decide when the hearing is held.
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7590-01
-6 Washington, D.C. 20555, Attention: Docketing and Service Branch, or say be delivered to the Commission's Public Document Room,1717 H 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 (800) 325-6000 (in Missourt:(800) 342-6700). The Western Union operator should be given Datagram identification Number 3737 and the following message addressed to Elinor G. Adensas: 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 Executive Legal Director, U.S. Nuclear Regulatory Commission, Washington, D.C.
20555, and to Mr. Albert Carr, Duke Power Company, P. O. Box 33189,422 South Church Street, Charlotte, North Carolina 28242, attorney for the licensee.
4 Nontimely filings of petitions for leave to intervene, amended petitions, t
supplemental petitions and/or requests for hearing will not be entertained absent a determination by the Commission, the presiding officer or the Atomic Safety and Licensing Board designated to rule on the petition and/or request, that the petitioner has made a substantial showing of good cause for the granting of a late petition and/or request. That determination will be based upon a balancing of the factors specified in 10 CFR-2.714(a)(1)(1)-(v) and 2.714(d).
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7590-01 l If the final determination is that the amendment request 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 expir-ation 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 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.
f A request for a hearing or a petition for leave to intervene must be filed with the Secretary of the Comission, U.S. Nuclear Regulatory Comission, l
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7590-01 di,
o-m For further details with respect to this action, see the application for amendment which is available for public inspection at the Connission's Public Document Room,1717 H Street, N.W., Washington, D.C., and at the Atkins Library, University of North Carolina, Charlotte (UNCC Station),
North Carolina 28242.
Dated at Bethesda, Maryland, this 9th day of June,1983.
FOR THE NUCLEAR REGULATORY COMMISSION
[st}/rn.hhov Kahtan N. Jabbour, Acting Chief Licensing Branch No. 4 Division of Licensing
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