ML20042B484
| ML20042B484 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 03/23/1982 |
| From: | Wilcove M NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Lochstet W, Trowbridge G LOCHSTET, W.A., SHAW, PITTMAN, POTTS & TROWBRIDGE |
| References | |
| ISSUANCES-OLA, NUDOCS 8203250357 | |
| Download: ML20042B484 (18) | |
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f c?" g u...- gz-s 4-a George F. Trowbridge, Esq.
fir. William A chs.tet[ k Shaw, Pittman, Potts and Trowbridge 119 E. Aaron Drive 1000 !!. Street, N.W.
State College, PA 16801 Washington, D.C.
20036 In the flatter of itETROPOLITAN EDIS0fl C0f!PANY, ET AL.
(Three flile Island Nuclear Station, Unit No. 2)
Docket flo. 50-320 OLA Gentlemen:
I am enclosing drafts of papers which the Staff has prepared by which we will put before the Licensing Board our jointly proposed stipulation for the dismissal of Dr. Lochstet from the proceeding.
Please contact either Steve Lewis or tyself as soon as possible with any comments you may have.
If you have no corxients, we will begin execution of the stipulation.
I apologize for the delay in sending these papers to you.
Sincerelf, flichael N. Wilcove Counsel for flRC Staff
Enclosures:
As stated DISTRIBUTIO!1:
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Cunningham/Murray Christenbury/Scinto Olmstead Rutberg Chron.
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U 4htaA A 02/ /82 UNITED STATES OF AMERICA NUCLEAR REGULATORY C0fiMISSION
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BEFORE THE ATOMIC SAFETY AND LICENSING _B0ARD In the Matter of
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METROPOLITAN EDIS0N COMPANY, ET AL.
DockirtNo. 502320 OLA (Three Mile Island Nuclear Station, Unit 2),
STIPULATION REGARDING SETTLEMENT OF LOCHSTET CONTEtlTIONS' For the purpose of resolving the remaining contentions advanced by Dr. William Lochstet relative to the captioned proceeding, General Public
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Utilities Nuclear Corporation, Metropolitan Edison Company, Jersey Central Power and Light Company, and Pennsylvania Electric Company (collectively, the Licensee), William A. Lochstet and the Staff of the Nuclear Regulatory Commission (NRC Staff) hereby stipulate and agree as follows:
- 1..In consideration of NRC modification of proposed Technical Specification 3.3.1.1 ir. accordance with the attached proposed Amendment of Order, Dr. Lochstet agrees to withdraw Contention 2 advanced in his pleading entitled, " Supplement to Request for Hearing and Petition for Leave to Intervene," dated June 17, 1980.
2.
In light of the following considerations, Dr. Lochstet agrees to withdraw Contention 3 advanced in his pleading entitled, " Supplement to DRan b
DRAFT Request for Hearing and Petition for Leave to Intervene," dated June 17, 1980:
(a) The NRC Staff has evaluated the consequences in the event of a leakage of sump water from the reactor building in the Final Programmatic Environmental Impact Statement (PEIS) issued in March 1981 and determined that such leakage as might occur would not pose a threat to the health and safety of the local population.
PEIS Appendix V,
- p. V.I.
(b) Monitoring wells have been placed around the reactor building which would indicate radioactivity in the ground water long before it would reach the river, thereby allowing corrective measures to be taken. Memorandum for the Commissioners from Harold Denton, Director Office of '..uclear Reactor Regulation, dated April 8,1980.
(c) A sump water contingency plan was developed for_ removal of the sump water from the reactor building in the event that substantial leakage developed. Letter from R. C. Arnold to Harold Denton (TLL-541) dated November 4,1980.
(d) A submerged demineralizer system (SDS) has been installed l
and all of the radioactive water in the reactor building has been i
processed through it, with the exception of a few inches of water that will remain on the reactor building floor when the surface suction pump looses suction and the relatively small amount of water in the containment sump. As a result of the removal of the water from the reactor building the potential for leakage due to static head has been climinated.
See Weekly Status Reports from Lake Barrett to Harold Denton, Septerber 21, 1981 to fiarch 1, 1982.
DRAFT
DRAFT (e) The. reactor building water has also been polished in the EPICOR 11 system, after treatment in the SDS.
Id.
3.
Dr. Lochstet hereby withdraws his " Request for Hearing and Petition for Leave to Intervene," dated March 18, 1980, and consents to dismissal from the proceeding.
4.
This Agreement is contingent upon the grant of the " Joint Motion to Approve Stipulation," which accompanies this Stipul6 tion, by the Atcmic Safety and Licensing Board.
Michael fl. ililcove Counsel for tiRC Staff i
WTTiiam A. Lochstet George F. Trowbridge Counsel for Licensee b
i DRAFT i
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ORAFT 02/ /82 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of METROPOLITAN EDIS0N COMPANY, ET AL.
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D,ocket No. 50-320 OLA (Three Mile Island Nuclear Station, Unit 2)
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J0DT MOTION TO APPROVE STIPULATION
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For the purpose of resolving the remaining issues advanced by Intervenor William Lochstet relative to the captioned proceeding, the Licensee, Dr. William Lochstet and the Staff of the Nuclear Regulatory '
Commission (NRC Staff) have' entered into the attached " Stipulation Regarding Settlement of Lochstet Contentions". Pursuant to the provisions of this Stipulation, the parties thereto hereby move the Atomic Safety and Licensing Board (Board) to enter an Order taking the
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following action;
- 1. - Approving the subject Stipulation; 2.
Dismissing Dr. Lochstet from the proceeding; 3.
Modifying proposed Technical Specification 3.3.1.1. ' set forth i
in an attachment to the February 11, 1980 Order issued by the Director, I
l Office of Nuclear Reactor Regu ation in accordance with the revisions set forth in the proposed Amendment of Order attached to the subject Stipulation upon entry of that Amendment of Order.
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This Motion does not affect the proposed contentions of Intervenor Environmental Coalition on Nuclear Power.
A proposed Order granting the instant motion is provided for the Board's consideration.
Respectfully submitted, l
Michael N. Wilcove
- i Counsel for NRC Staff z,,..
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William A. Lochstet 1
George F. Trowbridge Counsel for Licensee i
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02/ /82 UNITED STATES 0F NtERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of METROPOLITAN EDISON C0f1PANY, ET AL.)
Docket No. 50-.320 OLA (ThreeMileIslandNuclearStation, Unit 2)
ORDER GRANTING JOINT MOTION TO APPROVE STIPULATION On
, 1982, the Atomic Safety and Licensing Board was served with a Joint Motion, filed by several parties to the captioned proceeding requesting approval of the " Stipulation Regarding Settlement of Lochstet Contentions" attached thereto.
According to the Joint Motion, the subject stipulation was entered into by Dr. William Lochstet, the NRC Staff and the Licensee for the purpose of resolving the remaining contentions advanced by Dr. Lochstet relative to this proceeding. The Stipulation sets forth the basis upon which an agreement was reached among the parties by which the issues in question are deemed settled.
The Licensing Board regards the Joint Motion and subject Stipulation as furthering the principles of settlement and compromise of NRC litigation. Accordingly, the Joint Motion is hereby GRANTED and it is hereby ORDERED that:
1.
The Stipulation is approved; 2.
Dr. Lochstet is dismissed from the proceeding; and DRAFT 9
m 3.
Proposed Technical Specification 3.3.1.1 set forth in an attachment.to the February 11, 1980 Order issued by the Director, Office of Nuclear Reactor Regulation, shall be modified in accordance with the revisions specified in the proposed Amendment of Order attached to the
" Stipulation Regarding Settlement of Lochstet Contentions" upon entry of that Amendment of Order.
FOR THE ATOMIC SAFETY AND LICENSING BOARD John F. Wolf, Esq., Chairman Dr. Oscar H. Paris Mr. Frederick J. Shon.
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'02/ /82 UNITED STATES OF AMERICA NUCLEAR REGULATORY C0f' MISSION In the Matter of i
METROPOLITAN EDIS0N COMPANY, et al.
Docket No. 50-320 OLA
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(Three Mile Island Nuclear Station,)
Unit 2)
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AMENDMENT OF ORDER I.
General Public Utilities Nuclear Corporation, Metropolitan Edison Company, Jersey Central Power and Light Company and Pennsylvania Electric Company (collectively, the Licensee) are the holders of Facility
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Operating Lice.nse No. DPR-73, which had authorized operation of the Three Mile Island Nuclear Station, Unit 2 (THI-2) at power levels up to 2772 megawatts thermal.
The facility, which is located in Londonderry Township, Dauphin County, Pennsylvania, is a pressurized water reactor previously used for the commercial generation of electricity.
By Order for Modification of License, dated July 20, 1979, the Licensee's authority to operate the facility was suspended and the Licensee's authority was limited to maintenance of the facility in the present shutdown cooling mode. 44 Fed. Reg. 45271 (August 1, 1979).
By further Order of the Director, Office of Nuclear Reactor Regulation, dated February 11, 1980, a new set of formal license requirements was imposed to reflect the post-accident condition of the facility and to assure the continued maintenance of the current safe, stable, long-term i
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" RAFT O
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cooling condition of the facility. 45 Fed. Reg. 11282 (February 20, 1980). These requirements were memorialized in the form of proposed Technical Specifications set forth in an attachment to the Order.
II.
Several requests for a hearing u re filed in connection with the February 11, 1980 Order. By Memorandum and Order dated August 29, 1980 the Atomic Safety and Licensing Board admitted, among others, Dr. William Lochstet as an Intervenor, subject to his subsequently advancing at least one litigable contention. By a " Supplement to Request for Hearing and Petition for Leave to Intervene" dated June 17, 1980, Dr. Lochstet submitted three proposed contentions to the Board. At the request of all parties, the Board deferred ruling on the proposed contentions of all of the Intervenors (including Dr. Lochstet) to allow opportunity to pursue settlement. These settlement efforts have already resulted in Dr. Lochstet's withdrawal of his proposed Contention 1
(" Order Granting Joint Motion to Approve Stipulation," April 9,1981) and have now, as discussed below, resulted in the withdrawal of i
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Dr. Lochstet's remaining proposed contentions.
Dr. Lochstet's second contention concerns the Source and Intermediate Range Neutron Monitors (proposed Technical Specification 3.3.1.1).
His third contention concerns the possibility of leakage to the environment of the high level radioactive water in the reactor building.
Consistent with the Commission's pulicy and regulations with respect to settlement of matters without resort to a formal adjudicatory process, the Licensee, the Staff and Dr. Lochstet have r:et in an ef fort DRAFT
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-3 respect to settlement of matters without resort to a formal adjudicatory process, the Licensee, the Staff and Dr. Lochstet have met in an effort to resolve the concerns in the above areas.
To settle proposed Contention 2, the parties jointly propose to modify proposed Technical Specification 3.3.1.1.
The proposed modification has been reviewed by the Staff and is consistent with the objective of providing reasonable assurance that the activities authorized can he conducted without undue risk to the public health and safety.
After the March 28, 1979 accident, one of the two source range neutron monitoring channels was inoperable. Accordingly, the requirement reflected in proposed Technical Specification 3.3.1.1 originally required only the one working channel to be operable.
In liarch 1981, the inoperable channel was restored to operable status.
Proposed Technical Spectification 3.3.1.1 is, therefore, now being modified to require both source range neutron monitoring channels to be operable whil'e fuel is in the reactor. This action enhances the capability for monitoring the reactivity status of the reactor and thereby increases safety.
Proposed Technical Specification 3.3.1.1 is also modified to clarify the action requirements to be taken in the event that the one intermediate range neutron channel should become inoperable.
The Staff's assessment of this modification is set forth in the con.rrently issued Safety Evaluation.
This evaluation concluded, in material part, that the modification does not involve a significant hazards consideration and that there is reasonable assurance that the l
health and safety of the public will not be endangered thereby.
7 AFT l
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,4, Accordingly, prior public notice of this Amendment of Order was not required and the Amendment of Order will be effective upon issuance.
It was further determined that the Amendment of Order does not authorize a change in effluent types or total amounts nor an increase in power level and will not result in any significant environmental impact and, pursuant to 10 C.F.R. 6 51.5(d)(4), that an environmental impact statement or environmental impact appraisal and negative declaraticn need not be prepared herewith.
Resolution of Dr. Lochstet's third contention has been achieved on the basis of developments after the pleading of the contention.
These developments are enumerated in the " Stipulation Regarding Settelement of
'Lochstet Contentions" (
, 1982) and do not require amendment of the February 11, 1980 Order.
III.
Accordingly, pursuant to the Atomic Energy Act of 1954, as amended, the requirements imposed by the Director's Order of February 11, 1980 are modified by revision of proposed Technical Specification 3.3.1.1 in the manner described in Section II of this Order and as set forth specifically in Attachment A hereto.
For details with respect to this action see (1) " Request fo Hearing and Petition for Leave to Intervene," by William A. Lochstet, dated March 18, 19870, (2) " Supplement to Request for Hearing and Petition for Leave to Intervene," b William A. Lochstet, dated June 17, 1980, and (3) Director's Order of February 11, 1980.
All of the above documents are available for inspection at the Commission's Public Document Rcca, DRAFT
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1717 H Street, N.W., Washington, D.C., and at the Commission's local Public Document Room at the State Library of Pennsylvania, Government Publications Section, Education Building, Commonwealth and Walnut Streets, Harrisburg, Pennsylvania 17126.
FOR THE NUCLEAR REGULATORY C0t'. MISSION Harold R. Denton, Director Office of Nuclear Reactor Regulation Effective date:
Dated at Bethesda, Maryland this day of 1982 m
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ORfFT SAFETY EVALUATI0ft BY THE OFFICE OF HUCLE'AR REACTOR REGULATIOf(
e GPU NUCLEAR CORPORATION METROPOLITAN EDISON COMPANY JERSEY CENTRAL POWER AND LIGHT COMPANY PENNSYLVANIA ELECTRIC COMPANY DOCKET NO. 50-320 THREE MILE ISLAND NUCLEAR STATION, UNIT NO. 2_
Introduction GPU Nuclear Corporation, Metropolitan Edison Company, Jersey Central Power and Light Company and Pennsylvania Electric Company (collectively, the Licensee) are the holders of Facility Operating License No. DPR-73, which had authorized operation of the Three Mile Island Nuclear Station, Unit 2 (TMI-2) at power lovels up to 2772 megawatts thennal.
By Order for Modification of License, dated July 20, 1979, the Licensee's authority to operate the facility was suspended and the Licensee's authority was limited to maintenance of the facility in the present shutdown cooling mode (44 Fed. Reg. 45271) (August 1, 1979). By further Order of the Director, Office of Nuclear Reactor Regulation, dated February 11, 1980, a new set of formal license requirements was imposed to reflect the post-accident condition of the facility and to assure the continued i
maintenance of the current safe, stable, long-term cooling condition of the facility (45 Fed. Reg.11282) (February 20,1980).
These requirements were memorialized in the form of proposed Technical Specifications set forth in an I
attachment to the Order.
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Several requests for a hearing have been filed in connection with the Order and granted by the presiding Atomic Safety and Licensing Board established to rule
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on such requests and to preside over any eventual hearings.
1 SRAR
DRAFT These parties have sought to introduce a number of issues involving the proposed Technical Specifications. One party expressed a concern dealing with the :ninimtn number of source range neutron channels required to be operable (proposed Technical Spec;fication 3.3.1.1) during the present shutdown (recovery) mode of operations.
Consistent with the Commission's regulations which encourage settlement of potential issues in a proceeding (see 10 CFR g2.759)., the staff has modified the proposed Technical Specification in a manner agreed upon by the parties to the stipulation and described hereafter.
Evaluation The February 11, 1980 Order established, in the form of proposed Technical Specification 3.3.1.1, a requirement for a minimum of one source range neutron monitoring channel to be operable as long as fuel remained in the reactor.
A single channel was specified since only one channel was operable; the second channel was inoperable having failed within the reactor building shortly after the March 28, 1979 accident.
With the core in its present subcritical configuration, only the source range neutron channels would read on scale. Since the intermediate range channels would come on scale only in the unlikely event that the reactor reaches an approximately critical condition, repair of the intermediate range channels is not of immediate concern.
Thus restoration of the inoperable source range neutron monitoring channel to an operable status and developing procedures to assure continued operability were established as high priority tasks during the early reactor building re-entries.
The inoperable channel was restored to 6perable status in March 1981.
Therefore, we have revised proposed Tecnnical Specification 3.3.1.1 to require that both source range neutron monitoring channels be maintained in an operable condition as long as fuel remains in
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DRAFT
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3-the reactor.
This action enhances the capability for monitoring the reactivity status of the reactor and thereby provides for an enhancement of safety.
, Technical Specification 3.3.1.1 is also modified to clarify the action require-ments to be taken in the event that the one intemediate range neutron channel ks inoperable.
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Environmental Consideration Ne~ have determined that the amendment does not authorize a change in effluent types or total amounts nor an increase in power level and will not result in any significant environmental impact.
Having made this detemination, we have Iu~r~ther concluded that the amendment involves an action which is insignificant f_ rom the standpoint of environmental impact, and pursuant to 10 CFR Section 51.5 (d)(4), that an environmental impact statement or negative declaration and environmental impact appraisal need not be prepared in connection with the issuance of the amendment.
(onclusion As discussed above, the amendment to proposed Technical Specification 3.3.1.1 augments the requirements established in the Director's February 11, 1980, Order.
l Therefore, we have concluded that:
(1) the amendment does not involve a signifi-l cant increase in the probability or consequences of accidents previously considered nor a significant decrease in a safety margin and does not,.therefore, involve a significant hazards consideration, (2) there is reasonable assurance that the health and safety of the public will not be endangered by operation in the modified manner, and (3) such activities will be conducted in compliance with the Commission's regulations and the issuance of this amendment will not be inimical to the comon defense and security or to the health and safety of ths
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b55k.h L1!UTING CCt:3ITIC"5 FOR OPEPATIC!l 3.3.
INSTRUMENTATION 3.3.1 NEUTRON MONITORING INSTRUMENTATION 3.3.1.1 As a minimum, the neutron monitoring instrumentation channels of Table 3.3-1 shall be OPERABLE.
APPLICABILITY:
When fuel is in the reactor pressure vessel.
ACTION:
a.
.With only one source range neutron monitoring channel OPERABLE, within 30 days either restore two source range channels to OPERABLE status or submit to the NRC, for its approval, a plan for restoring two source range channels to OPERABLE status.
b.
With no source range neutron monitoring channels OPERABLE, verify compliance with the boron concentration requirements of Specifica-tion 3.1.1.2 at least once per 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> by a mass belance calculatica and at least once per 7 days by a chemical analysis and restore at least ene source range channel to OPERABLE status witnin 7 days.
If not restored to OPERABLE status within 7 days, promptly, but not later than 30 days from loss of OPERABILITY, submit to the NRC, for its approval, a plan for restoring the inoperable channel (s) to OPERABLE status, c.
With no intermediate range neutron monitoring channels OPERABLE, restore at least one intermediate range channel to OPERABLE status within 7 days.
If not restored to OPERABLE status within 7 days, promptly, but not later than 30 days from loss of OPERABILITY, submit
. to the NRC, for its approval, a plan for restoring at least one intermediate range channel to OPERABLE status.
3.3.2 ENGINEERED SAFETY FEATURE ACTUATION SYSTEM INSTRUMENTATION 3.3.2.1 The Engineered Safety Feature Actuation System (ESFAS) instrumentation channels shown in Table 3.3-3 shall be OPERABLE with their trip setpoints set consistent with the values shown in the Trip Setpoint column of Table 3.3-4.
APPLICABILITY:
RECOVERY MODE.
ACTION:
a.
With an ESFAS instrumentation channel trip setpoint less conservative than the value shown in the Allowable Values column of Table 3.3-4, declare the channel inoperable and apply the applicable ACTION requirement of Table 3.3-3 until the channel is restored to OPERABLE status with the trip setpoint adjusted consistent with the Trip Setpoint Value, b.
With an ESFAS instrumentation channel inoperable, take the action shown in Table 3.3-3.
~~'THREE MILE ISLAND - UNIT 1 ~
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TABLE 3.3-1 Y
NEUTRON MONITORING INSTRUMENTATION 3
MINIMUM E
TOTAL NO.
CHANNELS CHANNELS FUNCTIONAL UNIT OF CHANNELS TO TRIP OPERABLE E
E 1.
Intermediate Range, Neutron Flux y
and Rate 1
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E 2.
Source Range, Neutron Flux and Rate 2
0 2
s TABLE 3.3-3 ENGINEERED SAFETY FEATURE ACTUATION SYSTEM INSTRUMENTATION MINIMUM w
'w TOTAL NO.
CHANNELS CHANNELS A
FUNCTIONAL UNIT OF CHANNELS TO TRIP OPERABLE ACTION t
1.
LOSS OF POWER a.
4.16 kv Emergency Bus Undervoltage (Loss of G
Voltage) 7 1.
Emergency Bus
- 2-1E and 2-2E 2/ Bus 2/ Bus 2/ Bus 10 2.
Emergency Bus
- 2-3E and 2-4E 2/ Bus 1/ Bus 2/ Bus 11 ACTION 10 -
With the number of OPERABLE channels one less than the Total Number of Channels, place the inoperable channel in the tripped condition within 4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br />.
ACTION 11 -
Nonc except as provided in Specification 3.0.3.
.