ML20024B046
| ML20024B046 | |
| Person / Time | |
|---|---|
| Site: | Big Rock Point File:Consumers Energy icon.png |
| Issue date: | 06/29/1983 |
| From: | Crutchfield D Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML20024B040 | List: |
| References | |
| NUDOCS 8307050012 | |
| Download: ML20024B046 (7) | |
Text
o UNITED STATES NUCLEAR REGULATORY C !NISSION 0
CONSUMERS POWER COMPANY DOCKET NO. 50-155 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE AND PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION AND OPPORTUNITY FOR HEARING The U. S. Nuclear Regulatory Commission (the Commission) is considering issuance of an amendment to Facility Operating License No. DPR-06, issued to Consumers Power Company (the licensee), for operation of the Big Rock Point Plant located in Charlevoix County, Michigan.
The amendment would institute a procedure for use during start-up in the event that neutron source strength is too low to provide the minimum specified count rate on the out-of-core nuclear instrumentation in accordance with the licensee's application for amendment dated May 27, 1983.
Before issuance of the proposed license amendment, the Commission will have made 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 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 evalu-
.ated; 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 margin of safety.
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Based on the discussion below the staff proposes to determine that the request does not involve a significant hazards consideration. 48 FR 14871 provides the following example of an amendment that is not likely to involve a significant hazards consideration:
"(ii) A change that constitutes an additional limitation, restriction, or control not presently included in the technical specifications; for example, a more stringent surveillance requirement."
This amendment constitutes an additional limitation, a procedure which would be required whenever the neutron source strength was too low to give the proper response on the system early in start-up.
This procedure for meeting the specifications of Section 7.3.2(d) when the neutron source strength is low during start-up was previously approved for Cycle 16 by the NRC in Amendment No. 29 dated October 18, 1979.
Since Amendment No. 29 the NRC has approved the Big Rock Point Physics Methodology which uses the GROK code in a letter dated September 16, 1982.
The SER in support of Amendment No. 29 stated that the procedure would have been approved for Cycles beyond Cycle 16 if NRC staff review of the GR0K code had been complete.
The Commission is seeking public comments on this proposed determination.
Any comments received within 30 days after the date of publication of this notice will be considered in making any final determination. The Commission-will not normally make a final determination unless it receives a request for a hearing.
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(7590-01)
Coments should be addressed to the Secretary of the Comission, U.S.
Nuclear Regulatory Comission, Washington, D.C.
20555, ATTN:
Docketing and Service Branch.
By August 5,1983, the licensee may file a request for a hearing with respect to issuance of the amendment to the subject facility operating license and any persor 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.
If a request for a hearing or petition for leave to intervene is filed by the date, the Comission 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 required by 10 CFR 52.714, a petition for leave to intervene shall set forth with particularity the interest of the petitioner in the proceed-ing, 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) 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, L
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or other interest in the proceeding; and (3) the possible effect of any order which may be entered in the proceeding on the petitioner's interest.
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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 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 fif teen (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 fif teen (15) days prior to the first prehearing conference scheduled in the proceecing, 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, and the bases for each contention set forth with reasonable specificity.
Contentions shall be limited to matters within the scope of the amendment under consideration.
i A petitioner who fails to file su.ch a supplement which satisfies these requirements with respect to at least one contention will not be permitted 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 opportunity to participate fully in the conduct of the hearing, including the opportunity to present evidence and cross-examine witnesses'.
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If a hearing is requested, the Commission will make a final determination on the issue of no significant hazards consideration.
The final cetermination will serve to decide when the hearing is held.
If the final determination is that the amendment request invo1ves no significant hazards consideration, the Commission 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 dstermination is that the amendment involves a significant 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 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 Commission may issue the license amendment before the expiration of the 30-day notice period, provided that its final detemination is that the amendment involves no significant hazards consideration.
The final determination will consider all public and State connents received.
Should the Commission take this action, it will publish a notice of issuance and provide for opportunity for a hearing after issuance.
The Commission 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 filed with the Secretary of the Comission, U.S. Nuclear Regulatory Comission, c
Washington, D.C. 20555, Attention:
Docketing and Service Branch, or may be delivered to the Comission'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 Comission by a toll-free telephone call to Western Union at (800) 325-6000 (in Missouri (800) 342-6700).
The Western Union operator should be given Datagram Identification Number 3737 and the following message addressed tc Dennis M. Crutchfield:
petitioner's name and telephone number: date petition was mailed; plant name; and publication cate and page number of the FEDERAL REGISTER notice.
A copy of the petition should also be sent to the Executive Legal Director, U.S. Nuclear Regulatory Comission, Washington, D.C.
20555, and to Judd L. Bacon, Esq., Consumers Power Company, 212 West Michigan Avenue, Jackson, Michigan 49201, 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 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)(i)-(v) and 2.714(d).
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For further details with respect to this action, see the application for amendment which is available for public inspection at the Commission's Public Document Room,1717 H Street, N.W., Washington, D.C., and at the Local Public Document Room for the Big Rock Point Plant, located at the Charlevoix Public Library,107 Clinton Street, Charlevoix, Michigan 49720.
Dated at Bethesda, Maryland, this 29 day of June 1983.
FOR THE NUCLEAR REGULATORY COMMISSION (y
Dennis M. Crutch ie
'ef Operating Reactors Bra
- 5 Division of Licensing O
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