ML20044G966

Notice of Consideration of Issuance of Amends to Licenses NPF-87 & NPF-89 & Proposed NSHC Determination & Opportunity for Hearing.Amends Revise TS Re Boron Dilution Mitigation Sys

ML20044G966
Person / Time
Site:	Comanche Peak
Issue date:	05/21/1993
From:	Bergman T Office of Nuclear Reactor Regulation
To:
Shared Package
ML20044G967	List: ML20044G966
References
NUDOCS 9306070109
Download: ML20044G966 (8)

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7590-01 i

UNITED STATES NUCLEAR REGULATORY COMMISSION TU ELECTRIC COMPANY DOCKET NOS. 50-445 AND 50-446 4

NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT'TO FACILITY OPERATING LICENSE. PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION. AND OPPORTUNITY FOR A HEARING The U.S. Nuclear Regulatory Commission (the Comission)'is considering issuance of amendments to Facility Operating License Nos. NPF-87 and NPF-89 u

l issued to TU Electric Company (the licensee) for operation of the' Comanche Peak Steam Electric Station, Units 1 and 2, located in Somervell' County, Texas.

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l The proposed amendment would revise the Unit 1 and' Unit 2' Technical Specifications (TSs) to extend the temporary removal of operability requirements for the Boron Dilution Mitigation System (BDMS). The TSs I

currently require the BDMS to be operable on June 25, 1993, for Unit I and on l

September 24, 1993, for Unit 2.

Under the proposed amendment the BDMS would not be required to be operable for both units until criticality for cycle 4 on Unit 1, currently scheduled for December 1993.

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 l

request involves no significant hazards consideration. Under the Commission's i

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 l

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increase in the probability or consequences of an accident previously

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i evaluated; or (2) create the possibility of a new or different kind of 1

accident from rey accident previously evaluated; or (3) involve a'significant.

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reduction in a margin of safety. As required by 10 CFR 50.91(a),: the licensee

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e has.provided its analysis of the~ issue of no.significant hazards:

consideration, which is presented below:

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The proposed changes do not involve a significant increase in the

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t probability or consequences of an accident previously evaluated.

This change is an extension of the temporary requirements presently authorized by the existing Technical Specifications. As such, this' extension 1

cannot increase the consequences of an accident previously evaluated.

Likewise, the extension will not increase the probability of;an accident-i because the BDMS~is a mitigation' system and'does not contribute to events-that

.l initiate any accidents previously evaluated.

2.

The proposed changes do not create the possibility of a new or different kind of accident from any other previously evaluated.

.j Since there are no hardware or operational changes resulting from this i

extension, the changes do not create the possibility of a new or different kind of accident.

3.

The proposed changes do not~ involve a significant reduction-in a margin of safety.

The margin of safety will be changed based on the fact thatsunder the present Technical Specifications the BDMS would be operable sooner.

In lieu of the BDMS, the licensee'has established compensatory measures'that rely upon j

isolating the potential boron dilution paths when in modes. 3, 4, or. 5, or

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t increase operator awareness and monitoring. On the basis of these compensatory measures, this change does not involve a significant reduction in the margin of safety.

The NRC staff has reviewed the licensee's analysis and, based on this--

j review, it appears that the three standards of 10.CFR 50.92(c) are satisfied.

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Therefore, the NRC staff proposes to determine that the amendment request I

involves no significant hazards consideration.

The Commission is seeking public comments on this proposed

.i determination. Any comments received within 30 days after the date of publication of this notice will be considered in making any final f

determination.

Normally, the Commission will'not issue the amendment until the i

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 j

result, for example, in derating or shutoown 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 cotuments received.

Should the Commission take this i

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action it will publish in the FEDERAL REGISTER a notice of issuance and j

provice for opportunity for a hearing after issuance. The Commission expects

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that the need to take this action will occur very infrequently.

I Written comments may be submitted by mail to the Rules Review and Directives Branch, Division of Freedom of Information and Publications j

Services, Office of Administration, U.S. Nuclear Regulatory-Commission,

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i Washington, DC 20555, and should cite the publication date andlpage number of this FEDERAL REGISTER notice. ' Written. comments may 1150 be delivered to Room 1

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

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be examined at the NRC Public Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC 20555.

The filing of requests'for hearing ;,d petitions for. leave to intervene.:

is discussed below.

i By June 28, 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 request for a hearing and a petition for leave. to intervene. -Requests for a j

hearing and a petition for leave to intervene shall be filed 'in accordance I

with the Commission's " Rules of Practice for Domestic Licensing Proceedings" in 10 CFR Part 2.

Interested persons should consult a current copv of 10 CFR 2.714 which is available 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 the University of Texas at Arlingten Library, Government Publications / Maps, 701 South Cooper, P. O. B9x b497, Arlington, i

Texas 76019.

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

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Secretary or the designated Atomic Safety and Licensing Board 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 set' forth with particularity the interest of the petitioner in the proc'eeding, 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 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 i

may amend the petitien without requesting' leave of the Boarc up to 15 days prior tc the first prehearing conference. scheduled in the proceeding, but such l

an amended petition must satisfy the specificity requirements described above.

Not later than 15 days prior to the first prehearing conference scheduled in the proceeding, a petitioner shall file a suppleme~nt 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 intends to rely'in.

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I 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 i

expert opinion.

Petitioner must provide sufficient information to show that a j

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.

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Those permitted to intervene become parties to the proceeding, subject

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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

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i opportunity to present evidence and cross-examine witnesses, j

i If a hearing is requested, the Commission will make a final I

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 Commission 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.

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A request for a hearing or a petition for leave to intervene must be l

filed with the Secretary of the Comission, U.S.- Nuclear Regulatory Comission, Washington, DC 20555, Attention: Docketing and Services Branch, or may'be delivered to the Comission's' Public Document Room, the Gelman-

'l Building, 2120 L Street, NW., Wasnington, DC 20555,'by the above.date. Where petitions are filed during the last 10 days of the notice period, it is j

-i requested that the petitioner promptly so inform the'Comission by a toll-free-l 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.

1 Number N1023 and the following message addressed to Suzanne C'. Black:

i petitioner's name and telephone number, date petition was mailed, plant name, l

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 George L; Edgar, 1

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

20036, attorney for the licensee.

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'Comission, 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)(i)-(v) and 2.714(d).

1 For further details with respect'to this action, see the application-for amendment dated May 14, 1993, which is available for public insp'ection at I

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the Commission's 'Pv411c Document Room, the Gelman Building,- 2120 L Street,.

NW., Washington, DC. #5 and at the. local-public document room located at the University of-Texas at' Arlington Library, GovernmentL Publications / Maps,-

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

Dated at Rockville, Maryland, this.21st day of May 1993.

FOR THE NUCLEAR REGULATORY' COMMISSION

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omas A.' Bergman', P ject. Manager Project Directorat

-2 Division of Reactor Projects III/IV/V 0ffice of Nuclear Reactor Regulation 3

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