ML20034A326

Notice of Consideration of Issuance of Amend to License NPF-49 & Proposed NSHC Determination & Opportunity for Hearing.Amend Allows Changing of Operational Modes While Remedial Action Taken

ML20034A326
Person / Time
Site:	Millstone
Issue date:	04/06/1990
From:	Stolz J Office of Nuclear Reactor Regulation
To:
Shared Package
ML20034A327	List: ML20034A326
References
NUDOCS 9004230058
Download: ML20034A326 (8)

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UNITED STATES-NUCLEAR REGULATORY COMMISSION.

HORTHEAST NUCLEAR' ENERGY-COMPANY, ET. AL-00CKET NO. 50-423' NOTICE OF CONSIDERATION OF ISSUANCE-0F AMENDMENT TO' FACILITY OPERATING LICENSE AND PROPOSfD NO SIGNIFICANT HAZARDS' CONSIDERATION DETERMINATION AND' OPPORTUNITY FOR' HEARING I

The U.S. Nuclear Regulatory Commission -(the Commission) is considering '

issuance of an amendment.to Facility Operating License No.- NPF-49 issued to NortheastNuclearEnergyCompany,et.-al.'(the: licensee),foroperationof-i Millstone Unit No. 3 located in New London County, Connecticut.

o On March 15,+1990, a leak in the Millstone Unit No. 3 yard: fire water supply header was detected.

To make a repair, it was determined that an:

I underground section of the northeast fire water header needed to-be' isolated.

On March 19,.1990, bypass jumper 390-16 was approved by the plant _ operations q

review comittee (PORC)'which established compensatory measures tolbeitaken -

during the isolation and repair of'the northeast fire water supplj. header' to be isolated and removed from service for excavation, location a'nd repair of a

the leak. Additional lengths of fire hose were supplied to hydrant hose No. 4 d

A c'ontinuous fire patrol was established at thelreserve' station service transformer and alternate sources of fire protection water.were supplied to;the fuel and engineered safety features buildings to ensure ' compliance with the Limiting Condition for Operation of Technical Specification (TS) 3.7:.12.1.-

. Subsequently, on March 30, 1990, Millstone Unit 3 shutdown for unrelated' I

Since Millstone Unit 3 was being operated within the'" Action Statement" causes.

of TS 3.7.12.1, the requirements of TS 3.0.4 would not allow' restart of the. plant without repair of the fire water supply header.

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i The NRC staff has recognized that TS 3.0.4 has been applied.in an inconsistent fashion.. In this regard, TS which allow unlimited operation with' compensatory measures being taken for inoperable equipment, restart of the:

facility with the same inoperable equipment should not be prevented. - The NRC-a staff. position on TS 3.0.4 is contained in Generic letter (GL) 87-09,~ " Sections L

i 3.0 and 4.0 of. the Standard Technical. Specifications (STS) on the ApplicabOity l

of Limiting Conditions for Operations and Surveillance Requirement',".which we

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issued on June 4, 1987. A resolution for generic problems'. associated with TS 3.0.4~was proposed by GL 87-09.

By letter dated April 1,1990 the licensee requested a Temporary Waiver i

of Comp'iance to allow start-up within the " Action-Statement" of TS 3.7.12.1 s

and while the application for license amendment-(dated April 2,?1990) is'being processed.

The Temporary Waiver of Compliance was subsequently issued on.

3 April 2, 1990.

l 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.

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The Commission has made a proposed determination that-the ~ April' 2,l1990 l-amendment request involves no significant hazards considerations,. 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-s.

significant increase in the probability or consequences of an accidentpreviously evaluated; 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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The licensee has determined that the Technical: Specifications Change-Request involves.no significant hazards considerations as defined in -10~ CFR 50.92.

That determination is as follows::

The proposed change does not involve a significant consideration because-the change would not:

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Involve a significant increase in the probability _ or

.j consequences of an_ accident previously evaluated.< Specification-3.0.3 requires when an.LCO is not met,- except as provided in the associated-ACTION Statements, within one hour action shall be initiated to place:the planttin a mode in which the Specification-does not apply.

Since Specification 3.7.12.1 applies at all times, Specification 3.0.3 cannot be met.- lt is '

noted that the systems, such as sprays, sprinklers and hoses that are supplied by the fire suppression water system _ and that:

protect safety-related equipment are individually controlled by.

1 other Technical Specifications. -These. individual-Technical Specifications already have an. exception to Specification-3.0.3.

j Since compensatory measures are required for those systems; affected by the fire suppression water system _it is concluded j

thatthereisnosignificantimpactonthereliabilityofthe systems. Specification 3.0.4 states that.an entry into an operation mode shall not be made unless the LCO is met without:

j reliance on ACTION statements.

In this; case, the ACTION statement d

requires compensatory measures-that provide.a level _ of safety, that is comparable to the LCO. -Also, ACTION Statement 'c' allows operation for an unlimited period;of time. Changing modes has no impact on the level'of safety provided.by the :

j compensatory measures. Therefore, exception.to Specification-3.0.4 will.have no impact on the reliability of the safety 2 systems. The proposed change' has no impact on the: probability of an accident.

There are-no design basis accidents. impacted by the proposed change. The fire suppression water system is-not-credited in any accident analysis nor is a fire an initiator i

assumed in any accident analysis. Therefore, there is no impact i

on the consequences or probability-of any design basis accident.

2.

Create the possibility of a new or different kind of accident from any accident previously evaluated.

The proposed change y

will not affect ~ plant response in any way, and there'are no new failure modes associated with the change that would create a new accident. Compensatory measures are provided for the inoperable ~

portion of the fire suppression water system so that the -

likelihood of fire that is not suppressed.is not affected.

d Therefore, there is no impact on the probability of an unmitigated fire such that it snould be considered part of the design basis.

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Involve a significant reduction in safety margin. The proposed

i change only affects the availability of the fire suppression water system and the compensatory measures, such as a backup-fire suppression water system, are'provided for the' inoperable.

portion of the fire suppression water system. Therefore, protective boundaries are not_affected._ Allowing the plant to start-up in accordance with ACTION Statement 'c'-is consistent.

' with the-basis of this-Technical Specification.

The staff has. reviewed.the licensee's no significant" hazards consideration determination analysis and agrees with its: conclusion.

Therefore, the staff' proposes,to determine that the application for amendment does not involvela significant hazards consideration.

The-Comission is seeking-public coments on this proposed determination.

Any co'mments received within'15 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.

Written comments may be. submitted by mail-to the Regulatory Publications I

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 ofithe~ FEDERAL REGISTR notice. ' Written comments may also be delivered to Room P-223, Phillips Building, 7920 Norfolk Avenue, Bethesda, Maryland, from 7:30 a.m. to 4:15 p.m. -Copies of

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written coments received may be examined at,the NRC Public Document Room, the:

Gelman Building' '2120 L Street, NW, k'ar.hington, D.C.

The filing of requests for hearing and petitions for leave to intervene'is discussed below.

By May 14,1990 -

, the licensee may_ file a request for e hearing with respect to issuance of the amendment to the subject facility operating license' and say person whose interest may be affected by this proceed-ing ind who wishes-to participate as a party in 'the proceeding must file a 4

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written request for hearing and a petition-for leave to intervene. Requests for a hearing and petitions for leave to intervene shall be filed in'accordance-with the Commission's'" Rule of Practice forl Domestic Licensing Proceedings":in.

10 CFR Part 2.

Interested persons should consult r current copy of-10 CFR 2.714 which is available at the Commission'siPublic-Document Room, the Gelman Building. 2120 L Street, N.W., Washington, D.C. 20555 and at the Local S

Public Document Room located at the Learning Resources Center, Tbmas Valley

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State. Technical College, 574 New London Turnpike, Norwich, Connecticut ' = 06360.

If a request for a. hearing or petition for leave to intervene is filed by the above.date, the Commission or an Atomic' Safety ard Licensing Board, designated' by the Commission or oy the Chairman of the Atomic! Safety and Licensing Board Panel, will rule on the request and/or petition; and the Secretary or the dasignated Atomic Safety and Licensing Board will issue a notice of hearing or i

s an apprppriate order.

As required by 10 CFR 2.714, a petition for leave to intervene shall set forth with particularity tn* 4:arest of the petitioner in'. the proceeding, and.:

how that interest mej be < w ;ed 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 q

right under the Act to be made a party to the-proceeding; (2).the nature and

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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 I

proceeding on the petitioner's interest. The petition should also identify the specific aspect (s) of the subject matter of the proceeding as to which i

petitioner wishes.to intervene. Any person who has filed a petition for leave r

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6-I to intervene or who has been admitted as a party maysamend the petition without requesting leave of the Board up to fif teen (15) days prior to the first-pre-hearing conference scheduled in the proceeding, but such an amended petition must satisfy the specificity requirements described above.

Not later than' fifteen f15) 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 contention!

51ch 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. -In i

addition, the petitioner shall provide a brief explanation of "* bases ofE i

the contention and a concise statement of the alleged facts or expert opinion 1

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-q a

expert opinion.- petitioner must provide sufficient information to show that a j

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 3

entitle the petitioner to relief.

A petitioner who fails to file such a supplement'which satisfies these requirements with respect to at least-one.

contentica will not be permitted to.oarticipate 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-i t

to participate fully in the conduct of the hearing, including the opportunity.

to prest'r avidence and cross-examine witnesses.

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4 If the amendment is issued before the expiration of 30-days, the Comission will make a final determination on the issne:of no significant hazards consider -

~ tions.

If a hearing is reouested, the final determination will serve to decide a

when the hearing is held.

If -the final' determination is1 that: the amendmert request involves no-N t

significant hazar's considerations, the Commission may. issue the amendment and d

make 'it effective, notwithstanding the request for a hearing. Any-hearing; held would take place after issuance of the amendment.

I If the final deterrir:ation'is that the amendment request involves signifi-cant hazards considerations, any hearing held would.take place before. the issuance' I

of any amendment.

Normally, the Commission will not issue the amendment until the expiration of the 15-day notice period. However, should'circumstar.ces change during..thei 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 15-day notice period,'provided that. its ;

final: determination is that the amendmen't involves no significant hazards =

considerations. The final determination will consider all public and State' coments received.

Should the Comission -take this action, 't will publish.a notice of issuance.

The Commission expects that the need to take this action will occur very infrequently.

A request for a hearing or a petition for leave - intervene must be: filed I

with the Secretary of the Co nission, U.S.. Nuclear Reguhtory Commission, Washington, D.C. 20555, Attention: Docketing and Servic; dranch, 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 cate. Where petitions are filed

'during the last ten (10) days of the notice perica, it is requested that the; J

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'petitionte promptly so inform the Commission by a toll-free ~ telephone call to-Western Union at 1-(800) 325-6000 (in Missouri 1-(800) 342-6700).

The Western Union operator should be given Datagram Identification Number 3737 and the-following message addressed to John F. Stolz:- patitioner'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.tne Office of. the General Counsel, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555, and to Garald Garfield, Esquire,LDay, Berry & Howard,:

Coanselors at Law, City Place, Hartford, Connecticut 06103-3499, attorney for the licensee.

Nontimely filings of petitions for teave to intervene, amended petitions, supplemental petitions and/or requests for nearing will not be entertained absent a determination by the Commission, the presiding. officer ' r the presiding Atomic o

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Safety and Licensing Board.that the petition and/or request-should be granted baseduponabalancingofthefactorsspecifiedin10CFR2.714(a)(1)(1)dv)-

and2.714(d).

For further details with respect to this action,nsee the application.for amendment dated April 2, 1990, which is available for-public' inspection at j

the Commission's Public Document Room, the Gelman Bui.lding, 2120 L. Street, N.W., Washington, D.C. 20555, and at the Local Public-Document-Room, the Learning Resources Center, Thomas. Valley State Technical. College, 574;New l

i London Turnpike, Norwich, Connecticut 06360.

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Dated at Rockville, Maryland, this 6th day of April.1990.

FOR THE; NUCLEAR REGULATORY COMMISSION

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,Johr4. Stolz, Director (Pro,e'ct. Directorate I-i

.Df' vision of Reactor Projects - I/II-j D

. 0ffice of Nuclear: Reactor Regulation 4.7 1

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