ML20043C693

Requests That Proposed Tech Spec 6.9.1.9 Re Core Operating Limits Rept Be Modified So That State of Oh Added to List of Parties to Receive Core Operating Limits Rept Developed for Each Operating Cycle & Any mid-cycle Revs

ML20043C693
Person / Time
Site:	Perry
Issue date:	05/31/1990
From:	Butler J OHIO, STATE OF
To:	Frye J Atomic Safety and Licensing Board Panel
References
CON-#290-10421 OLA-2, NUDOCS 9006060067
Download: ML20043C693 (3)

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g 1 I The Utility Radiological Safetygrd of Ohio RICilARD F. CELESTE GOVERNOR 90 JLN -4 PdiO8 csrtcE N SiAiiER'iY DOCKfilNG ^ MOVICI-h~n AlEH .

Mr. John H. Frye, Ill, Chairman Administrative Judge Atomic ~ Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Re: Docket No. 50-440 - OLA-2 4 i

Fed. Reg. Vol. 55, No.' 86, Page 18690 R May 3,1990 Notice-

Dear Honorable Judge Frye:

The State of Ohio, acting through the Utility Radiological Safety Board 'of -

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Ohio (URSB or Board), hereby submits the following comments regarding the =

above-referenced matter.

1 The Utility Radiological Safety Board is chaired by the Public Utilities Commission and is comprised of the Department'of Agriculture, Department of .

Health, Department of Industrial Relations, the' Adjutant General as Director of the = 1 Emergency Management Agency, and Environmental Protection Agency. The j

Board was established by the Ohio General Assembly to develop a comprehensive- -l; policy for the state regarding nuclear power safety. Our objectives ~ are to promote j safe, reliable and economic power, and to recommend policies and practices that promote safety, performance, emergency ~ preparedness, and public health standards ,

designed to meet the state's needs. Revised Code 4937.04(B)(2) provides the URSB  ;

with the authority to represent the State of Ohio or to submit comments in  !

proceedings before the Nuclear Regulatory Commission.

It has come to our attention that the licensee has submitted an amendment to the license of the Perry Nuclear Power Plant (PNPP). The amendment would revise the Technical Specifications (TS) of the Perry operating license to' remove cycle-  ;

specific parameter limits from the plant's technical specifications and place theman the Core Operating Limits Report (COLR) and record them in the Plant Data Book. a J

The requested amendment would remove from PNPP's TS the Maxirhum 1

Average Planar Linear Heat Generation Rate (MAPLHGR) and MAPLHGR Power and Flow Factor parametric curves, Minimum Critical. Power Ratio (MCPR) and :

MCPR Power and Flow Factor parametric curves, Linear Heat Generation Rate 9006060067 900531  !

PDR ADOCK 05000440 . E@ l Q PDR [-

The Utility Radiological Safety Boa d of Ohio 180 E. Broad St. --Columbus, Ohio 43266 0573 1 Department of Agriculture . Department of flealth . Department of Industrial Relations '. Emergency blanagement Agenc Environmental Protection Agency.The Public Utilities Commission -

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l-Mr. John H. Frye, III, Chairman May 31,1990 Page 2 (LGHR) and fuel design and associated bases. The licensee contends that ,

implementation of the request will allow CEI to estimate end-of-cycle nuclear parameters at a later date in the cycle thus increasing the accuracy of predictions for the next operating cycle. In ' addition,- the NRC will be' relieved of the administrative q burden of reviewing reload license amendments, i The URSB requests that the NRC consider these comments pursuant to 10 CFR 2.715(c). Currently, amendments to the operating license provide for state l consultation pursuant to 10 CFR 50.91(b)(3) in determining whether the

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amendment involves significant hazards, ' Additionally, the state, as a member of:

7 the public whose interest may be affected by the proceeding, has the opportunity to '

intervene and request a hearing in such proceeding. 42 U.S.C. 2239(a)(1). If the

!!censee's petition is granted, modifications to the cycle-specific parameter limits would no longer require license amendments. Thus, the State of Ohio would no longer be afforded the opportunity of consultation provided by 10 CFR 50.91, or the opportunity to participate in the amendment process pursuant to 10 CFR 2.714; The URSB recognizes'the engineering efficiencies and administrative .

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convenience that will accrue to'the licensee with the granting of the application. On the other_ hand, the Board finds disturbing the possible precedent the application establishes in the erosion of the state's and,indeed, the public's participation and hearing rights guaranteed by the Atomic Energy Act'of 1954 and subsequent; amendments. The URSB urges the NRC to consider such action with caution, l

' however bothersome state consultation and public access and participation might seem. Moreover, the URSB would encourage the NRC to propose procedures a which maintain the opportunity for public participation while decreasing '

administrative burdens, enabling the licensee to operate with increased efficiency.

In addition to urging the NRC to develop the means to protect'the goals of all the parties to these proceedings, the URSB contends that other steps should_be taken to preserve the state's rights as defined in the Atomic Energy Act and as promulgated in the code of federal regulations. The state requests that the State Liaison Officer to the NRC be provided with a copy of Perry COLR documents, including mid-cycle revisions, issued in the future, and that the NRC make good faith efforts to consult with the state prior to NRC approval of the COLR, as -

similarly required by 10 CFR 50.91(b). Further, the URSB requests that the proposed PNPP technical specification 6.9.1.9, Core Operating Limits Report, be modified so that the State of Ohio is added to the list of parties to receive the COLR developed for each operating cycle and any mid-cycle revisions.

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Mr. John H. Frye, III, Chairman-May 31,1990 Page 3 In conclusion, the Ohio URSB urges the NRC to consider not only the i administrative needs of the licensee, but also the public policy goal of maintaining appropriate public input. The URSB believes that it is possible and preferable to attempt to accommodate the interests of all the parties to this proceeding without eroding public participation and hearing rights currently guaranteed.

If further information is required of the URSB, please feel free to contact the URSB Secretary, Robert Moazampour, at (614) 466-0130.

q Sincerely;.

i ynn arry Butler, C ir. I hio tility Radiological Safety Board . i JBB:MCR/jg --

cc: Colleen Woodhead, Esq.

Jay E. Silberg, Esq.

Secretary of the Commission, Docketing and Service Branch's +

Administrative Judge Frederick J. Shon '

Administrative Judge Jerry R. Kline:

Susan L. Hiatt, OCRE Representative Dave Blank, CEI q 1

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