ML20042E084

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Notice of Consideration of Issuance of Amend to License DPR-20 & Proposed NSHC Determination & Opportunity for Hearing on 900306 Request to Revise Tech Spec 4.14.1 by Extending Due Date for Periodic Steam Generator Insps
ML20042E084
Person / Time
Site: Palisades Entergy icon.png
Issue date: 04/09/1990
From: Long W
Office of Nuclear Reactor Regulation
To:
Shared Package
ML20042E085 List:
References
NUDOCS 9004200061
Download: ML20042E084 (8)


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7E90-01 UNITE,0 STATES h0 CLEAR REGULA*.V'Y COMMISSION CONSUMERS POWER COMPAliY DOCKET NO. 50-255 NOTICE OF_,00t!SIDEF.ATICN OF ISSUANCE OF AMEt:Dl:Elli TO PECTIS10!iAL OPEPJ. TING LICENSE AND PROPOSED NO SIGt:lFICAhl HAZARDS _ CONSIDEP.ATION DETERMit;ATION AliD GPPORTUlllTY FOR HEAR _ING 1he U.S. t!uclear Regulatory Cona.issicn (the Conunission) is cor.sidering issuence cf an an.endment to Provisional Operating License No. DPR-20, issued P

tc Consur.ers Pcwcr Cer'pany (the lictrsee) for operation'cf ths ra*ittc'es l

Plant-(the facility),' located in Van Buren County, Michigan.

The proposed erendrent would revise the requirertent of Techrical i

Specificaticn (TS) 4.14.1 t'y atending the due date for the pericdic steem generator int ctions which ctherwise wculo be due r.ct later than July 4, 1990. The licensee's applicetion for arr.endc.ent is dated )tarch 6,1990.

Specifically, the anendn.ent uculd add a footnote applicabit-to TS Secticn 4.14.1 to rr.it a one-tirc.e extension that would be valid only up to_

the 1990 refueling cutage when the steam generators are scheduled to be replaced. Should thr. t, ten. generators not be replaced by the end o' the refueling cutage, the irispections of the steam gnerators would be required i

prior to start-up, i

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l 9004200061 900409 ADOCK0500g{,5 PDR P

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' Before issuarce of the proposed license amendment, the Cerarission will have made findings required by.the Atomic Energy Act of 1954, as amended (the Act)andtheCommission'sregulations.

The Comission has made a proposed determination that the amenduent request involves no significant ha:ards ccnsideration. Urder the Comission's regulations in 10 CTR 50.92, this means that operation of the facility in accordance with the proposed afnendment 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 Lindofaccidentfromanyaccidentpreviouslyevaluated;or(3)involvea significant reduction in a margin of safety.

The Comission has evaluated the proposed change against the above 1

stardardsasrequiredby10CFR50.91(a)andhasconcludedthat:

A.

The change does not invcive a significant increase in the probability or consequencescfanaccidentpreviouslyevaluated(10CFR50.92(c)(1)).

The extension of the inspettiun ptried from the due date of July 4,1990 to the. planned September 1, 1990, start of the refuelir.g outage does not represent a significant extension of the inspection period; i.e. thirty months vice thirty-two months.

(The TS specifies an inspection interval of twenty-four months, but the interval is allowed to extend up to thirty trertts if the mean increase in tube degradation from the previousinspectionislessthan1 percent.) Furthermore, wastage and intergranular ettack (IGA) mechanisms appear stable.

Recent tube leaks have been due to circhn.ferential cracking in the vicinity of the tube i

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support plates, and a large percentage of the steam generator tutts have been inspected, since the last TS inspection was conducted in December c

1987, in four separate inspections te locate these leaking tubes.

B.

The change dces not create the possibility of a new or different kind of accident frcn. any accident previously evaluated (10 CFR 50.92(c)(2))

because the lengthening of the_ inspection interval by two months is not likely to alter the degradation mechanisms active on the steam tubes or-create a new nechanism for failure.

C.

The change does not involve a significant reduction in a cargin of e-safety (10 CFR 50.92(c)(3)) because the licensee has comitted to crerate the facility at reduced powcr and with ar adn.inistrative primary to secondary leak rate limit of 0.05 gpm, considerably lower than the TS lititt of C 3 gpn..

Furthermore, during the approximately two month extension any additional tube degradaticn is not expected to be significant.

Therefore, based on the abcve consideratiu.s, the Ccnxission has nede a propcsed deterninetion that the anendment request involves no significant hazards consideration.

The Concission is seeking public corrents on this proposed dt; tern:iretion. Any ccncents received within 30 days after the date of publication of this notice will be considered in making any final determinttion. The Commission will not norra11y niake a final determination unless it receives a request for a hearing.

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Writteri corrents r$y be submitted L) tr. ail to the Regulatory Publicatier.s Branch, Civision of Freedom of Informaticr. and Publications Services. Office of Administraticn, U.S. Nuclear Regulatory Cerrrission, Washington, D.C.

2CE55, and shculd cite the publication datt: and page number of this FEDERAL REGISTER notice. Written corments may also be delivered to Room P-223, 7970 Norfolk Avenue, Bethesda, Maryland, from 7:30 a.m. to 4:15 p.m.

Copies of written corrnents recemd r.ty be examined at the NRC fublic Docutttt Reor, the Geltran Building, ?120 L Street, N.W., Washirsten D.C.

The filing cf requests for bearing and petitions for iteve to intervene is dittussed below.

Ly May 16

, 1990, the licensee may filt: a request for a hearitig with respect to 155LLbte of the aundtret to the subject provisior.a1 ogratirig lices.st and any person whtse inteitst may te affected L) this proceeding ard vte vistes to urticipate as a party iii the proceedirg must file a writter, petition for leave to intervene.

Request for a bearing ar.c titics.s fcr lease to intervene stall be filed in accordaret v.ith the Cortission's Pules of tractice for Domestic Licensing Proceedings iii 10 CFR Part 2.

Ir.te re sted persens should ccrsult a current copy of 10 CFR 2.714 which is available at the Comission's Public Document Room, the Gelman Building, 2120 L Street, N.W., kashington, D.C.

20555 and at the Local Public Docurent Room located at the Van Zoeren Library, Hope College, Holland, Michigan 49423.

If a I

request for a hearing or petition for leave to intervene is filed by the above date, the Cottmission cr an Atomic Safety and Licensing Board, desist.ated by the Cor:cission or by the Chairman of the Atomic Safety. and

e 5-Litersing Board panel, will rule on the request and/cr 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 2.71t., a petition for leave to intervene shall set forth with particularity the interest of the petitierer in the proceeding and hcw that interest t.y be affecttt by the results of the proceeding. The petition should sptifically explain the reescns why intervention should bt pe mittsd with ttittler reference to the following factors:

(1)theiature of the petitioner's right undt.r the Act to be made a prty to the proceeding;

(?) the nature and extent of the ptitioritr's property, firancial, or other iriterest in the proceedir.g; er.d (3) the possible effect of any crder which r.ay be entered in the proceeding en the petitier<er's interest. The petition should alsc itentify the specific aspect (s) of the subject u.atter cf tht=

proceeding as to which ptitiorer wishes to intervene. Any person who has iilec a ptition for leave to intervene or who has been admitted as a party ray Entrd the petiticr.; without requestirg leave of the Deerd up to fifteen (15) days prict te tre first prchearing cctferente scheduled in the proceeding, but such an arr. ended petition suust satisfy the specificity requitet.ents described above.

Not later than fifteen (15) days prior to the first prehearing conference scheduled in the proceeding, a petitioner stell file a supp1cnent to the petition to intervene which cust inclun a list of the contentions which are sought tc te litigated in the matter.

Each contention must ccr.sist ci a speific statenent of the issue cf law or fact to be raised er controverted.

In addition, the petitier.er shall previde a brief expleration

6-cf d.e Leses cf the contention and a concise statement of the alleged facts ci o rt c' pinion which support tht contention and cn which tht petitioner intends to rely in proving the centtitich at the heering. The p titioner inust alsc providt ieferences to these specific sources and docunents of which the petitioner is aware and on which the petitier.er intends to rely to

t. stat 11st those facts or expert opinien.

Petitioner Eust provide sufficient infernittien to show that a getiuine disputt txists with the applicant en a material issue cf law or fact. Contentions shall be linited to ratters within the scept of the an.endrent under censiderction. The contention niust he che which, if proven, would entitle the petitioner tc relief. A petitlener whc fails to file such a supplement which satisfies these requaitt.cnts with respct to at 1 East one contention Wili rict.be pCrr.itted tn partic.ipte as a party.

Those pern.itted te in6u su.t. tecere parties to the proceedine, subject to ary lir..itLtions in the order granting leave to intervene, ard have the opportunity tc participatt fully in the conduct of the hearing, including.the cp rtt.nity to present tvidence and cross ex wine witr, esses.

If a htaring is requested, the Ccu.ission will mate a final detern.ination en the issue of no sigt.ificbut hazards consideration. The finti detern.inaticii will serve to decide when the hearin5 is held.

If the final detern;inatien is that the atendment request involves no significant hazards consideration, the Com.ission inay issue the amendnu.t. 4 tid na.he it effective, notwithstanding the request for a hearing. Any heating held wculd take place after issistrce of the emendnent.

If it.e final detertination is that the amendment invches a significant hazards censideration, any hearing held would take place before the issuance of tr$ an.t.ndiant.

Porra11y, the Connission will not issue the amendment until the expiration of the 30-day notice period. Heeever, should circumstances change uuring 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 expiration of the 30-day notice period, provided that its final determination is that the amendment involves ne significant hazards consideration. The final determination will consicer all oblic erd State (.ct.nents received.

Sbould the Consnission take thit action, it will publish a notice of issuance and provide for opportunity for a ht.arir.g after issutnce. The Commission expects that the need tc tale this-action will occur very infrequently.

A request for a hearing or a petition fot letve to intervene inust be filed with the Secretary of the Commission, U.S. Heclear Regulatory Comission, Washington, D.C.

20555, Attention: Docketing ard Service Branch, or may be delivered to the Comission's public Document Room, the Gelman Building, 2120 L Street, N.W., Washington, D.C., by the abcve date. Vbere petitionsarefiledduringthelastten(10)daysofthenoticeperiod, itis requested that the petitioner promptly so inform the Comission by a toll-free telephene coil to Western Union at 1-800-325-6000(inMissouri 1-800-342-6700). The Western Union operator should be given Datagram Identification Nunber 3737 and the fo11cwing message addressed to John O.

Thoma:

(petitiober's name and teleptere number); (date petition was trailec);-

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(plant narne); and (publication date and page nutber of this FECERAL REGISTEE notice). A copy of the petition should also be sent to the Office of the General Counsel, U.S. Nuclear Regulatory Cemission. Washington, D.C.

20555, ard to Judd L. Bacen. Esquire, Consumers Power Company, 212 West Michigan Avcnue, Jackson, Michigan 49201.

11ontimely filings of petitions for leave to intervene, amended petitions, supplenental petitions and/or reouests for hearing will not be entertained aLsent a deterr.ination Ly the Cott.iirsicn, the presiding cfficer or the Atomic Safety and Licensing Lcard that the petition arid /or request shculd be granted based upn a balancing of the factors specified in 10 CFR 2.714(a')(1)(i).(v)and2.714(d).

For further details with respect to this, action, see the application for at.enon.ent dated liarch 6,1990, which is availeble for public inspection at the Comissien's Public Docurnent P.oot, the Gelt;an Euilding, 2120 L Street, N.W., Washington, D.C.

20555, and at the Local Public Docurent Room 1cceted at the Van Zoeren Library, Hope College, Holland,141chigan 4?422.

Dated at Rockville, Maryland this 9th day of April,1990.

FOR THE flUCLEAR REGULATORY COMMISSION

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r WilliamO.Long,ActingDireedr Project Directorate 111 1 Division of Reactor Projects. Ill, IV, V and Special Projects Office of Nuclear Reactor Regulation i

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