ML20034G458
| ML20034G458 | |
| Person / Time | |
|---|---|
| Site: | Clinton  |
| Issue date: | 02/17/1993 |
| From: | Stang J Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML20034G459 | List: |
| References | |
| NUDOCS 9303090543 | |
| Download: ML20034G458 (8) | |
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UNITED STATES NUCLEAR REGULATORY COMMISSION ILLINOIS POWER COMPANY AND 50YLAND POWER COOPERATIVE DOCKET NO. 50-461 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE. 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. NPF-62 issued to Illinois Power Company and Soyland Power Cooperative (the licensee), for operation of the Clinton Power Station located in DeWitt County, Illinois.
The proposed amendment modifies the Clinton Power Station Technical Specifications in order for the Clinton Power Station Radiation Protection Program to incorporate the new requirements of Title 10 Code of Federal i
Regulations Part 20.
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 evaluated; or (2) create the possibility of a new or different kind of accident from any accident previ.usly evaluated; or (3) involve a significant reduction in a margin of safety. As required by 10 CFR 50.9)(a), the licensee 9303090543 930217 PDR ADOCR 05000461 P
PDR_
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has provided its analysis of the issue of no significant hazards consideration, which is presented below:
(1) Involve a significant increase in the probability or consequences of any accident previous' evaluated.
The proposed revisions to the liquid and gaseous release rate limits will not result in a change in the types or amounts of effluents released nor will there be an increase in individual or cumulative radiation exposures.
In addition, these changes do not impact the operation or design of any plant structures, systems or components.
These changes ensure compliance with 10CFR50.36a and 10CFR50 Appendix I and result in levels of radioactive materials in effluents being maintained [as low as reasonably achievable) ALARA. The revision to the high radiation area controls and dose measurement distance will ensure areas are conservatively posted as high radiation area in compliance with 10CFR20.1601(a)(1) and provide controls to ensure individuals are not overexposed. This change will not result in a change to plant design or operation. Therefore, it can be concluded that the proposed changes do not involve an increase in the probability or consequences of an accident previously evaluated.
(2) Create the possibility of a new or different kind of accident from any previously evaluated.
The proposed changes do not affect the plant design or operation nor do they result in a change to the configuration of any equipment.
There will be no change in types or increase in the amount of effluents released off-site. As a result, this proposed change cannot create the possibility of a new or different kind of accident from any previously evaluated.
(3) Involve a significant reduction in a margin of safety.
The proposed revisions do not involve any change in the types or increase in the amount of effluents released off-site. The proposed changes do not involve any actual change in the methodology used in the control of radioactive wastes or radiological environmental monitoring.
The methodology that will be used in the control of radioactive effluents and calculation of effluent monitor setpoints will result in the same effluent release rate as the current methodology now being used. The operational flexibility needed for effluent releases allows the use of limits as proposed.
In addition, the changes in measurement distances for determination of high radiation areas will not result in an increase in individual or cumulative occupational radiation exposures since it will result in a more conservative identification of high radiation areas. Compliance with the limits of the new 10CFR20.1301 will be demonstrated by operating within the limits of 10CFR50
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Appendix I and 40CFR190. Therefore,these changes cannot reduce a margin of safety.
The NRC staff has reviewed the licensee's analysis and, based on this review, it appears that the three standards of 10 CFR 50.92(c) are satisfied.
Therefore, the NRC staff proposes to determine that the amendment request involves no significant hazards consideration.
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.
Written comments may be submitted by mail to the Rules Review and Directives Branch, Division of Freedom of Information and Publications Services, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and should cite the publication date and page number of this FEDERAL REGISTER 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. Federal workdays.
Copies of written comments received may be examined at the NRC Public Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC 20555. The filing of requests for hearing and petitions for leave to intervene is discussed below.
By March 26, 1993
, 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
4 request for a hearing and a petition for leave to intervene. Requests for a hearing and a petition 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 Comission's Public Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC 20555 and at the local public document room located at the Vespasian Warner Public Library,120 West Johnson Street, Clinton, Illinois 61727.
If a request for a hearing or petition for leave to intervene is filed by the above date, the Comission or an Atomic Safety and Licensing Board, designated by the Commission 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 2.714, 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) 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, 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. The 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
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' may amend the petition without requesting 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 i
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 i
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.
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 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 amendment under consideration. The contention must be one which, if proven, would entitle the 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.
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.
If a hearing is requested, the Commission 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 amendment request involves no significant hazards consideration, the Commis'sion may issue the amendment and make it immediately 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 request 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 determination is that the amendment involves no significant hazards consideration. The final determination will consider all public and State comments received. Should the Commission take this action, it will publish in the FEDERAL REGISTER 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.
A request for a hearing or a petition for leave to intervene must be filed with the Secretary of the Commission, U.S. Nuclear Regulatory t
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. Commission, Washington, DC 20555, Attention: Docketing and Services Branch, or may be delivered to the Commission's Public Document Room, the Gelman Building, 2120 L Street, N.W., Washington, DC 20555, by the above date.
L 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 1-(800) 248-5100 (in Missouri 1-(800) 342-6700). The Western Union operator should be given Datagram Identification Number N1023 and the following message addressed to James E.
Dyer:
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 Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and to Sheldon Zabel, Esq., Schiff, Hardin and Waite, 7200 Sears Tower, 233 Wacker Drive, Chicago, Illinois 60605, attorney for the licensee.
i 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 Commission, the presiding officer or the presiding 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) and 2.714(d).
For further details with respect to this action, see the application for amendment dated February 17, 1993, which is available for public inspection at the Commission's Public Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC 20555, and at the local public document room, located at
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4 l the Vespasian Warner Public Library,120 West Johnson Street, Clinton, Illinois 61727.
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Dated at Rockville, Maryland, this 17th day of February 1993.
FOR THE NUCLEAR REGULATORY COMMISSION M
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hn F. St
, Acting Director Project Directorate III-2 Division of Reactor Projects - III/IV/V Office of Nuclear Reactor Regulation