ML20044A776

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Notice of Consideration of Issuance of Amend to License NPF-87 & Proposed NSHC Determination & Opportunity for Hearing.Amend Changes Tech Specs 3.2.1,4.1.2 & 4.2.2 Re Base Load Operation to Maintain Radial Peaking Factor
ML20044A776
Person / Time
Site: Comanche Peak Luminant icon.png
Issue date: 06/25/1990
From: Charemagne Grimes
Office of Nuclear Reactor Regulation
To:
Shared Package
ML20044A777 List:
References
NUDOCS 9007020240
Download: ML20044A776 (8)


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7590-01.

UNITED STATES HUCLEAR REGULATORY COMMISSION TEXAS UTillTIES ELECTRIC COMPANY

-DOCKET __NO. 50-445 NOTICE Of CONSIDERATION Or ISSUANCE Of AMENDMENT TO FAClllTY OPERATING LICENSE AND PROPOSED NO SIGN!flCANT HAZARDS CONSIDERATION DETERMINATION AHO PPPORTUNITY 10R HEARING

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The U.S. Nuclear Re0ulatory Consnission (the Connission) is considering issuance of an amendment to facility Operating License No. NPT-07, issued to l

Texas Utilities Electric Compnny (the licensee) for operation of the Comanche-

' cal Steam Electric Station, Unit 1 located in Somervell County, Texas.

The proposed amendment would change Technical Specifications 3.2.1, 4.2.1, and 4.2.2 to allow ilase Load Operation as an alternative.to the normal-operating mode in order to maintain the rreial peaking factor within the range assumed by the plant's safety analyses.

'hnical Specification 6.9.1.6 and the Bases to Section 3/4.2.1 have also been revised.to reflect the new Base Load mode of operation.

Before issuance of the proposed license amendment, the Connission will have made findings required by the Atomic Energy Act of 1954, as amended (the i

Act) and the Cor,vnission's regulations.

The Connission has made a proposed determination that the request for-amendment involves no significant hazards consideration.

Under the Commission's regulations in 10 CFR 50.92, this means that operation of the facility in DR ADOCK 0500 5

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1 accordancewiththeproposedamendmentwouldnot(1)involveasignificant 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 previously evaluated; or (3) involve a significant reduction in a margin of sa7ety.

The licensee provided the following evaluation of the proposed change with regard to these three standards, 1.

The proposed changes do not alter any of the assumptions used in-the accident analyses for CPSES Unit I since Technical Specification core peaking factors. limits (particularly F ), DNB, and LOCA parameters 9

utilized in the accident analyses remain unchanged.

F limits in xy the Radial Peaking Factor Limit Report provide a method for the determination that Fg remains within its limits. However, the Fg value assumed in the accident analyses is not changed.

Therefore, the " Base Load Operation" associated Technical Specifi-cation changes do not increase the probability or consequences of an accident previously analyzed.

2.

The proposed " Base Load Operation" Technical Specification changes do not involve any plant operations outside the range of those previously allowed or analyzed; specifically, reactor operations such as opu oting within specified power ranges and/or holding power leul for a 24-hour period for xenon stabilization.

1 Therefore, the proposed Technical Specification changes do not, create a new or different kind of accident from those previously-analyzed.

3.

The " Base Load Operation" provisions in the proposed Technical 9

Specification changes do not alter the Technical Specification'11mit for F. The " Base Load Operation" f limits as a function of core q

xy height and cycle burnup provides a more exact evaluation to detennine that F is within its limits.

Since the plant-operating ranges, core q

peaking factors, and DNB and LOCA input assumptions of the safety

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analysis have not changed, the current CPSES Unit 1 Safety Analysis remains valid.

Therefore, there is no significant reduction in the margin of safety.

Therefore, based on the above considerations, the Comission has made a -

proposed determination that the amendment request involves no significant hazards l

consideration.

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l The Commission is seeking public comments on this proposed determination.

I 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 Regulatory Publications Branch, Division of Freedom of Information and Publications Services, Office of.

Adniinistration, U.S. Nuclear Regulatory Commission, Washington, D.C.

20555, f

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1 l-l 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, L

7920 Norfolk Avenue, Bethesda, Maryland, from 7:30 a.m. to 4:15 p.m.

Copies of written comments roccived may be examined at the NRC Public Document Room, the Gelman Building, 2120 L Street, N.W., Washington, D.C.

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

By July 30, 1990, 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 petition for leave to intervene.

Request for a hearing and petitions for_ leave to intervene shall be filed in accordance with the Commission'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 Commission's Public Document Room, the Gelman Building, 2120 L Street, N.W., Washington, D.C.

20555 and at the Local Public Document Room located at the University of Texas at Arlington Library, Government Publications / Maps, 701 South Cooper, P. O.

l Box 19497, Arlington, Texas 76019.

If a request for a hearing or petition for leave to intervene is filed by the above date, the Cocinission 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 l

l petition and the Secretary or the designated Atomic Safety and Licensing Board t

will issue a notice of hearing or an appropriate order.

L As required by 10 CFR $2.714, a petition for leave to intervene shall l

l set forth with particularity the interest of the petitioner in the -proceeding, i

and how that interest may be affected by the results of the proceeding.. The

5-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 party to the proceeding;

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(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 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 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 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 ini. ends to rely in proving the contention at the hearing.

The petitioner murt also provide references to those specific sources and documents of which the petitioner is aware and on which the petitioner intends to re!y to establish those facts or expert opinion.

Petitioner must provide sufficient information to show that a genuine dispute exists with thi applicant on a material issue of law or fact.

l 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

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supplement which satisfies these requirements with respect to at least one contention wi'l 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 f

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 t

will serve to decide when the hearing is held, i

If the final determination is that the request for amendment involves no significant hazards consideration, the Commission may issue the amendment and l

nake it effective, notwithstanding the request for a hearing. Any hearing held would take place after issuance of the amendment.

If a final determination is that the amendment 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 perind. 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 expirl-ion of the 30-day notice period, provided that-its final determination is that the amendment involves no significant hazards l

consideration. The final determination will consider all public and State l

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! comments received.

Should the Commission take this action, it will publish 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 Commission, Washington, D.C. 20555, Attention: Docketing and Services 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 above date. Where petitions are filed during the last ten (10) days of the notice period, it is requested that the petitioner promptly so inform the Comission by a toll-free telephone call to Western Union at 1-(800)325-6000(inMissouri 1-(800)342-6700). The Western Union operator should be given Datagram Identification Number 3737 and the following message addressed to Christopher I. Grimes: (petitioner'snameand telephonenumber),(datepetitionwasmailed),(plantname),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, D.C. 20555, and to George L. Edgar Esq.,

Newman and Holtzinger, 1615 L Street, N.W., Suite 1000, Washington, D.C.

20036, attorney for the licensee.

Nontimely iilings 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 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) and2.714(d).

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. for further details with respect to this action, see the application for-amendment dated June 22, 1990, which is available for public inspection at the Commission's Public Document Room, the Gelman Building, 2120 L Street, N.W., Washington, D.C. 20555 and at the Local'Public Document Room l'ocated at the University of Texas at Arlington Library, Government Publications / Maps,.

701 South Cooper, P. O. Box 19497, Arlington, Texas 76019.

Dated at Rockville, Maryland, this 25th day of June 1990.

FOR THE NUCLEAR REGULATORY COMMISSION R O aA 1,

dtt4 Christopher I. Grimes, Director Project Directorate IV-2 Division of Reactor Projects - III, IV, Y and Snacial Projects Office of~ Nuclear Reactor Regulation 1

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