ML20045A674

Notice of Appearance.* Notice of Appearance of Undersigned for State of Ma Atty General

ML20045A674
Person / Time
Site:	Pilgrim
Issue date:	05/27/1993
From:	Rogers J MASSACHUSETTS, COMMONWEALTH OF
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20045A662	List: ML20045A661 ML20045A668 ML20045A672 ML20045A674
References
OLA, NUDOCS 9306110187
Download: ML20045A674 (6)

Text

{{#Wiki_filter:. 1 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION q i-BEFORE THE ATOMIC SAFETY AND LICENSING BOARD ) In the Matter of ) ) Boston Edison Company ) Docket No. 50-293 ) (Pilgrim Nuclear Power Station) ) ) UOTICE OF APPEARANCE Notice is hereby given of the appearance of the undersigned for the Massachusetts Attorney General. Respectfully submitted, SCOTT HARSHBARGER ATTORNEY GENE by: ep W. Rogrs asistant ARorney General Regulated Industries Division Public Protection Bureau 131 Tremont St. 3rd Floor Boston, MA 02111 (617) 727-2200 Dated: May 27, 1993 9306110187 930602 PDR ADOCK 05000293 1 G PDR

+ ii UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION '93 'Ib BEFORE THE ATOMIC SAFETY AND LICENSING BOARD' ) In the Matter of ) ) Boston Edison Company ) Docket No. 50-293 ) (Pilgrim Nuclear Power Station) ) ) CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing pleadings to which this certificate is attached were served by Federal Express or first-class mail on the parties listed below on this date. Rules Review and Directives Branch Division of Freedom of Information and Publication Services Office of Administration U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Office of the General Counsel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 W. S. Stowe, Esq. Boston Edison Company 800 Boylston Street - 36th Floor Boston, MA 02199 Office of the Secretary Attn: Docketing and Service Branch U.S. Nuclear Regulatory Commission Washington, D.C. 20555 j + _. - ~' sis [tantAttcrneyGeneral p W. Rog gs e Dated: May 27, 1993

9 g ', ' Federal Register / Vol. 58. No. 82 / Friday. April 30, 1993 / Notices 26171 AA ., j individual one or two days before the requests for the opportunity to present margin of safety. As requued by to CFR scheduled meeting to be advised of any oral statements and the time allotted 50.91(a), the licensee has pmvided its changes in schedule. etc., that may have therefor can be obtained by a prepaid analysis of the issue of no significant

t.fa occurred.

telephone call to the cogmnnt ACRS hazards consideration, which is staff engineer.Mr.Doan Houston presented below: hs(n (telephone 301/492-95211 between 7:30 1 The propoehmm hm Dated:Aptd 22.1993. Sam Duraiswamy. a.m. and 4:15 p.m. (EDT). Persons involve a sip *mt bmus 6 the GI Chief.NuclearReactors Bmnch. P anning to attend this meeting are probability or ~~--- of an accident l h [FR Doc. 93-10165 Filed 4-2b93; 8;45 aml urged to contact the above named previously evaluated. 4 """ C O' " individual one or two days before the The analyses performed by hot.EC scheduled meeting to be advised of any demonstrate the ameptability of the proposed changes in schedule, etc., that may have Spent Fuel Storaae arpansion from a vanety Advisory Committee on Reactor occurred. pe analy on te g k Safeguards: Subcommittee on Probabillstic Risk Assessment; Dated:Apnl 21.1993. if an abnormal event, such as a fuel enembly (c Meeting Sam Durawwamy, misloading or usambly drop, should occur. Chief. Nuclear Reacton Bmnch. It aho has been demonstrated the rpent foal ne ACRS Subcommittee on g wulcu ' - Probabilistic Risk Assessment will hold IFR Doc. 93-10166 Fikd 4-2&s3; 8.45 aml ,uo g stor as b s h a meeting on May 11.1993,in room P-num coon vsaSeus and thers is suf5cient time to taka g 110,7920 Norfolk Avenue.Bethesda, appropnate mrrective action should all g MD. cooling be inadvertently lost. b racks an Boston Edison Co; Consideradon of designed to seimucClass! requirements. An h' The entire meeting will be open to Issuance of Amendment to Facility assembly taaevenently dropped on 6 ncis d public attendance. C The agenda for the subject meeting Operaung License, Proposed No would not pmrubit the racks from performing shall be as follows: Tuesday Mav 11. Significant Hazards Consideration their design function. no radiological 1993-&30 a.m. Until the Conclusion of Determincuon and Opportunity for a consequences of a fuel handling acadent nmams within prenously.establiahed limits. %A Business. Hearing Movement i fuel assemblies and racks t The Subcommittee will discuss the [D ekst No.54293} necessary for rack i'*MW wdl be ii report of the PRA Workin Group that P* "[I" m"k "nN (Ib summarizes activities of this Group and 'Ilie U.S. Nuclear Regulatory, ..Contml of Heavy Loads at Nuclear Power a Commission (the Commission)is 4 provides guidance for the staff regarding g the applicat2on of PRA.The purpose of considering issuance of an amendrnent Plants."Thus.h p&binpf an acddent this meeting is to gather information, to Facility Operating License No. DPR-involving assembly Am.sa will not be analyze relevant issues and facis, and to

35. Issued to Boston Edison Company signiscantly incensed. Based on these e

'/ formulate proposed positions and (the licensee) for operation of the considerations.the probability or actions, as appropriate. for deliberation Pilgrim Nuclear Power Station, located consequences of a previously evaluated by the full Committee. In Plymouth County, Massachusetts. acddent is not siminently incnased by installatin accetties. / Oral statements may be nted by The proposed amendment would To ppon 6 abm conclusion. BECo has increase the allowed fuel anembly 6 members of the $ublic wit c nsi, de f U wingpmenualscananos: concurmace of t e Subcommittee storage cells from 2320 to 3859, and Eg' Chairman; written statements will be change the maximum loads allowed to e A spent fuel assembly drop in the ut fuel pwl. accepted and made available to the travel over the spent fuel assemblies

• A fas og spent faal pool cooling h

Committee. Rocordings will be from 1000 lbs. to 2000 lbs..and chan [c event, permitted only during those sessions of the limiting characteristics of assemb es

• A y

the meeting when a transcript is being to be stored in the spent fuel from a = [An bstalhW e *

• Mdm y

kept. and questicns may be asked only maximum 51.35 to a maximum As detailed in Section 4 of HOL.TIX:hteport g by members of the Subcommittee. its ba, s1.32 an a madmum lattice Hi-9292s. BEco evaluated the consequences consultants and staff. Persons desiring average Uramum enrichment of 54.6% of a spent fuel assembly drop in the spent to make oral statemcints should notify by weight. fuel pool and found the criticality acceptance the ACRS staff memb r named below as Before issuance of the proposed enterion. K.s 50.05,is not violated. Also. far in advance as is practicable so that license arnendment, the Commission there is no signiScant change in the will have made findings required by the recifological mnsequences of a fuel assembly i appropnate arrangements can be made. Atomic Energy Act of 1954, as amended drop fan the previous analyses since the i During the meeting, the calculated doses are well within 10 CFR Part i Subcommittee, along with any of its (the Act) and the Commission's 100 guidelines. Analysis shows that dropping consultants who may be present. may regulations. exchange preliminary views regarding The Commission has made a

• 'g"yh j e
• k'hll $

ea matters to be considered during the Proposal determmation that the safety functien. Thus, h consequence of balance of the meeting. amendment request involves no this type of acddent are not signincantly The Subcommittee will then hear significant hazards conuderation. Under changed from the previously evaluated spent presentations by and hold discussions the Commission's regulations in to CFR ruei assembly dmps. with representatives of the NRC staff. 50.92, this means that operation of the Certain recu in the pool will be equipped the nuclear industry, its respective facility in accordance with the proposed with overhead storage platforms. Nse l P atforms are cat plate stmetures. Ny serve l consultants, and other interested amendment would not (1) involve a persons regarding this review. significant increase in the probability or m st m miscenanews items and protect the fuel assemblies st red underneath from j Further informanon regarding topics consequences of an accident previously

• g nn m a he@

to be discussed, the scheduling of evaluated: or (2) cmate the possibility of og'$ p9, sesuons open to the pubhc. whether the a new or different kind of acctdent from situation if the platform is ever moved in the 4 meeting has been cancelled or any accident previously evaluated; or pooll was analyzed. It was determined that f rescheduled. the Chairman's ruling on (3) involve a significant reduction in a dropping spent fael from: 4* above the racks 1 A

w 26172 Fedeml Register l Vol 53. No. 82 / Friday. Apnl 30. 1993 L Noticos .i e more severe event than a 4" dropnf the esuits in a potannal offsite dose less than that the changes co not involve a sign 16 cant

intform with as assumed dry weight of2000 v.Cm100 llants. In addition. there is no reduction in a marzm of safety.

es Therfore. tte fuel drop scenanos temd aquipment esseretud to the safe shuttiown of The established aczzptance criterton'for r.e piatform crop mnditton. thereactaror empet:ryed ttrtnttigste the atticality ts that tre eGective neutron Dunn2 refueltDa activities, wben the beat consequestas of an saident beneath, multiplication factor in spent fuel pools shall oad m tte poon is greatest..an intert eis adiacent tn.nr otnerwise wtthan the exus of be less than or equal m o.95. includiq all natlable between the fuel pool cochng htfhience of any Wa to be handled dunna uncertainties, uncer all conditions. This s vstem and either loop of the Restdual Heat his expans.an montfication. Therefore, the margm of safety has been adhered to in the Pemovai (RHR) system. The RHR pump and conseq=r= ofIan enticahty analysis methods in developmg thu tsat excnanser conEguration provides greater estalianon) * *

• accidant are not new reca dentsn.

caotma capacity for full core off-loads and as signtScantly increased fmm previously The methods used in the atticaltty s becaup to the normal fuel pool cooling evatuateo events. analysis conform to the applicable peruons svs'em. This awem will function dunna a NUREG-0554. entitled:" Single-Feilure-of the apprepnate NRC guidance and l css of offsite power by utiling amargency PmoiCranes for Nucisar Power Plants", industry cxnes.stanaards.andspecificatmns besel ganeraaor AC power. The analysts in provides guidance tar the destan fabncattan. In meetmg the =7~= crttana tor Section 5 of HOLTECReport 10-92925 installation and testing of new canes that are cnticality m the apant fuel pooleuch that K e determmed cooitag capacities and maximum of a bign reliabihty design. NUREG-0612. is always less than or equal to U.95, including temperatures as well as the time-to-boll Appencix C. enutled: "Modificatron of uncenamties at a 95%/95% probability / ( aittcut cooling. The calculations show that Eusting Cranes" paidas guidelines on the con 6dence level the pmposedsmendment if coohng is lost at the instant when the pool unpiemeurarm of NUREG-0554 at operating does not involve a s ur uf! rant t= duction in water reaches its max:mumvalue dunng a plants. An evaluation of storage rack the maqpn of safety int nuclear criticality Mi core offload. the;e ts a minimum of 6.4 movements to be performed by the PNPS lt is recognned that a one-toene hours before bulk botling can occur. Reactor Building crane demonstrated the conespondence bMween the K-nevnry of a Dunns reactor power operation, the termal pmbabihty of a d:op of a storage rack is bundle in the standard core geometry and the bel poos cachna system is used with either extremely small.The Reactor Building crane Kor in the fuel (rectl does met exist. N af the two pumps and heat exchansers has a rated capacity of100 tons and etfect of higher fuel ennchm=nts nn the capab!e of maintaining the fuel pool well incorporates a tiesign safety factor of fire. neutmn energy rpearum is so reduce the K. Leiow acthnt n the event of a loss of cffsite ~he maximum wN%ht of any 61 sting or INnwrry ltn the Dent fuel rackhln Dtderin I power, a temporary AC power reptarrment sturans raca and its associated prende a cunptete specifientmn of fuel that .nterconnecticn is used to operate one or bancitna tool is 15 tons. Therefore, there u can be stored in tne PNPS pool, the attena Soth pumps. Due to lower spent fuel pool an ample safety factor margin for movements for both K-omwrry and fuelennchment needs r.nt loa:s durma plant operation, mon than c,f the storage racas by the Reacter Building to be prescnbed. CWculations have been performed to dm-sta that mH fnal 16 hours are evadable before bulk botilng can crane. occur ms.the consequences of this event Therefore. tt is concluded that the assemblies of up to 4.9% wt planar-everage type are not 34:aficantry increased.f:cm propcasa amencmant supporung the U-235 ennchment with a K-emurry of1.32 prenously-evaluated loss cf cooling system addition of spent fuel enei a in the spent fuel or less can be stored in the PNPS rpect fael flow events. pool does not involve a signincant increase pool with K.e less than or equal t00.95. The consequances of a seismic event have in the pmoability orconsequences of any Conservative methods wereissed to been evaluated. The additional new retu accident pnmously evaluated. calculata the ma nmum fuel temperstma and wdi meer desrgn and fabncation 2 me poposed amendment does not the increase in temperstmw of the =awr in requtrements of epplicable NRC Regulatory creare tha possibdity of amew or different the spent fuel pool The thermal-bydrauhc Guides and industry standards. Seismjc kind of atx:adentiram any accident evaluation used n ethods peswaush analyses un the new andexistingTacks were previously evalumd employed for evahuttonsaf tbs pinsent spent performed usn:g both stngleTect 3-D No unprovsn tecnrAgy La Lavolved either fuel racks to demonstrate tha temperature (cpposed pbsse motion) and Whole Pool in the me=Hatson prneans or in the margins of safety are maintainedTThe MulteFack (WPMR) models The results of analtytical techniques necessary to justify the reposed modi $ cation will fncense the heat these anaj voes mdicate a large maram of planned frei storase expansion. Tha basic Ioed in the spent fuel pool The evaluation kinemauc and stress safety. The kinematic technology for fuel pool expansicm has been shows the eusting spent fuelecoling system maram against rack-to-raciimpact is at least developed and demonstrated in overe0 will mamtain the bulk poolwusst a mcoes or rsca.to-wallimpact u et taast apphcstiens for feelpool apeoty increases temp-aeum at er below 242*F dunng rn incnes for ad racks.uute pool pronousiv opproved by the NRC. refuehng. L.kewaa, the manmum rack prtma2y stresses HOLTsr han s<= h1='ad tha proposed The evaluation also shows that manmnm under the Safa Shutdown Earthquaka (SSE1 modtScat:orrtn acxxndance with the local wster temperatures alon6 the hottest condaten are less than 60% of the allowan.e guidance of an NRC position paper entitled: fuel a==amhly are below the nucleate boiling ASME Code value. Finally, the manmum "OT Position for Review and Axxmptance of condition value.Thus, them is no significant bendma moments and through.thickneu Spant Fuel Storare and Handling reduction in the margin of safety caused by shear ta the supporting pool st:ucture under Apphcauons." with appropnate NRC thermal hydraubc or spent-fueh:Dolmg factored load conditions are less than 80% of Regulatory Guides, with NRC Standard concerns. the respectvs allowables.The new free. Revrew Piem.1md with industry endes and The main safety function of the apent fuel stancma racks are designed, as am the standards. In addition, ffECo has revmwed pool and racts is to maintain the apenthal eustng tree-standing racks, so that the severai p evious NRC Safety Evaluation assemohes m a safe con 6guranorrituough tll integnty of the racks and the pool arruaure Reports for tact insta%tinn Jepplications normal or ahmmaj {cadinga.dhnormal is mawtamed dunna and after a seismic sundar to this proposedtuodi6catron.. loadmas that have been considered are the event. Thus.1he Innsequences of a sets:me Based upon the foregotog, the proposed effect of an earthquais,the drop of a spent event are not increasedhom previously rack instauation does not create the fuel assembly, or the zirop ofany other heavy evalured eve::ts. pnastbahty of a new or diffarent of accident object. The mechanical. material, and The wnsecuences et lan fmm any accident prenously evaluated. structural design of the new spent fuel racks mstabtioni * *

• nccident have been 37The proposed amendment does not is in occadance with NRC guidance. The masacred. A tcavy lor.d will not be carned invatre a sigruccantTeductron in unargtn cf rack matertals used are cxrmpetible with the in tha srmat hel pool area untilall faalin safety.

spent fuel pool and the spentfuel ensemblies. the pooi has cecaved fora minimum cf thm The HOL'lTC woort demoortretee the The structural consideratzons of the new mc-utns.Per hrREG D6121his provides acxmptautitty of adding newracts frum a racks and susting racAs addreas marums of sumdent tce for thedacay of gaseous vanery af perspa:uves mciudtng criticahty, safety to preda tuting, danectum cr rac tonuchdes m the hiel (gap acuvityi suc.n thermai-bydrauhc. redsologicalsetsunc and movement, thereoy ensunng the racks do not that an assnod accidental aslease of gasses structural canaiderauona. The results of these t= pact each other dunng postulated setamic frora enage to all stored fuel asse:nbhes analyses provtda the bants for our mnelusirst events.In addMan the spent. fuel asaamblias

T Federcl Register / Vol. 58. No. 82 / Friday, April 30, 1993 / Notices 2G173 mrta:n :ntact and no cnucanty concerns wishes to participate as a party in the bases of the contention and a concise exist. Tbs tre marnn of safety is not proceeding must file a wntten request statement cf the alleged facts or expert simi.:anuv reouceo by tne proposed raca for a beanng and a peuticn for leave to opmion wcich support the contenuon intervene. Requests for a heanng and a and on wnn.n the peutioner mtends to o':aa ::s. The NRC staff has reviewed the peution for leave to intervene snall be rely m prov.cq the contention at the licensee s annivsis and, based on this filed in accordance with the beanng. The peutioner must also review,it appears that the three Commission's " Rules of Practice for provide references to those specific stancards of 10 CFR 50.92(c) are Domestic Ucensmg Proceedings"in 10 sources ano documents of which the saus5ed. Therefore, tne NRC staff CFR part 2. Interested persons should pentioner is aware and on which the propcses to determine that the consult a current copy of to CFR 2.714 peutioner tetends to rely to establish amencment request mvolves no which is available at the Ccmmission's those facts er expert opinion. Petitioner smm5 cant hauras considerauon. Public Document Room, the Gelman must provice sufficient information to He Commission is seeking public Building. 2120 L Street. NW., show that a genuine dispute exists with comments on tnis propcsed Washington, DC 20555 and at the local the applicent on s materialissue of law dete mmauon. Any comments received public document room located at the or fact. Ccntentions shall be limited to within 30 days after tne date of Plymorth Public Library.11 North matters witcin the scope of the pubhcauen of this nouce will be Street, f ( mouth. Massachusetts 02360, amendment under consideration. The considemd in making any nnal if a request for a heanng or petiuon for contenuon must be one which,if determmation. laave to intervene is Sled by the above proven, would entitle the petitioner to Normally, the Commission will not date, the Commission or an Atomic relief. A pettioner who fails to file such issue tne amendment unut the Safety and ucensmg Board, designated a supplement which satisfies these nxpirauon of the 30-day notice penod. by the Commission or by the Chairman requirements with respect to at least one However, should circumstances change of the Atomic Safety and Uconsing contenuon will not be penmtted to dunna the nouce penod such that Poard Panel, will rule on the request parttipate as a party. hiiure to act m a urnetv way would andor peution: and the Secretary or the Those permitted to intervene bocome resuit. for exampie, m deratmg cr desigreed Atomic Safety and ucensmg parues to tr.e proceedmg. subject to any shu:cown et the faci 2ty tne Board wn! issue a nonce of beanng or limitations in the order granting leave to Commission may issue the license an appropnee order. intervene. and have the opportunity to amencment before tne expiranon of the As requireo by 10 CFR 2.714 a parucipate fully in the conduct of the 30-day notice penod, provided that its petition for lean to intervene shall set heanng. Including the opportumty to final determmauon is that the forth with parucelanty the interest of present evicence and cross-examme amendment involves no sigmficant the petitioner in t.se proceeding, and witnesses, hazards consideration. The final how that interest may be affected by the If a heann;is requested, the determination will consider all public results of the proceeding.The petiuon Commission will make a final and State comments recstved. Should should specifically explain the reasons determination on the issue of no the Ccmmission take this action,it w 11 why intervention should be permitted sigmficant hazards consideration. The publish in the Federal Register a notice w th particular reference to the final determmation will serve to decide ofissuana and provide for opportunity following factors:(1)The nature of the when the hearing is held. for a heanog after issuance. The peutioner's right under the Act to be If the final determination is that the Commission expects that the need to made party to the proceeding:(2) the amendment request involves no take this acuan will occur very nature and extent of the petitioner's sigmficant hazards consideration, the infreauently, property, financial, or otner interest in Commission may issue the amendment Written c'omments may be submitted the proceeding; and (3) the possible and make it immediately effective, by mail to the Rules Review and effect of any order which may be notwithstanding the request for a Iirecuves Branch. Division of Freedom entered in the proceeding on the beanng. Any hearing held would take of information and Publications petitioner's interest. The petition should place afterissuance of the amendment. Services. Office of Administration. U.S. also idantify the specific aspect (s) of the 11the final determination is that the Nuclear Regulatory Commission, subject matter of the proceeding as to amendment request involves a Washington DC 20555, and should cite which petitioner wishes to intervene. sigm5 cant hazards consideration, any the puol'icauon date and page number of Any person who has Sled a petition for heanng held would take place beforo this federal Register nouce. Written leave to intervene or who has been the issuance of any amendment. comments mey also be delivered to admitted as a party may amend the A request for a heanng or a petition room P-223. Phillips Building. 7920 petition without requesting leave of the Iof leave to mtervene must be filed with Norfolk Avenue Bethesda, Maryland. Board up to 15 days prior to the first the Secretary of the Commission. U.S. from 7:30 a.m. to 4:15 p.m. Federal preheanng conference scheduled in the Nuclear Regulatory Commir,sion, workdays. Copies of wntten comments proceeding, but such an amended Washington.DC 20555. Attention: rece:ved may be exammed at the NRC peution must satisfy the specificity Docketmg and Services Branch, or may Public Document Room, the Gelman requirements described above, be delivered to the Commiasion's Public Bu2lding. 2120 L Street. NW., Not later than 15 days prior to the first Document Room.the Gelman Building. Was:uncton, DC 20555. Prehearing conference scheduled in the 2120 L Street. NW., Washington. DC The bling of requests for huanng and proceeding, a petitioner shall file a 20555, by tne above date. Where peunens for leave to mtervene is supplement to the petition to intervene peutions are filed during the last 10 discussed below. which must include a list of the days of the notica period,it is requested av June 1.1993, the licensee may file contentions which are sought to be that the peutioner promptly so inform a recuest for a heanna with respect to litigated in the matter. Each contention the Commasion by a toll free telephone asciuce of the amenament to the must consist of a specific statement of call to Westem Union at 1-{B00) 248-suo;ect facility operstmg license and the issue of law or fact to be raised or 5100 (in Missouri 1-4800)342-6700). any person whose interest may be controverted. In addition. the petitioner The Westem Union operator abould 'te affected by this proceeomg and who shall provide a brief explanation of the pven Dategram Idenufication Number

8 ?S174 Federal Resst:r / Vol. 58..No. 82 J Friday,. April 30,199S // Notices N1023 and the following message subpart G, and fi 2.7241n particular. These.mmments are'=wmdant tothe addressed to Walter R.' Butler: continue to govern the filing of requests definition of OPERAHHIFT in'the QJS petitioner's name and telephone for a bearmg orpetitions to intervson. TS.which requires thattHvecessary numtwr date pection was mailed, plant as well as the admiarion of costsutions4 attendant instrumentation. controls, name, and publication date and page The presiding officer maygrant an normal and emergency elecutcalpower number of this FederalRegister notice. untimely request er oral.orgument only sotncesccooling or sealwater, A copy of the peutionshould also be upon showmg of geod cause by the luhricationer other sunhary equipment sent ta the Office of theGeneral requesting peny for the failure to Ble on that are requimd for a safety.nslstad Counsel U.S. Nuclear Regulatory time end.after providing the other system to arm sts salsty functionare Commissma Washington.DC20555, parties en-epportumty to respond to the also capa e.of perfnrmmgestr.related and to W. S. Stowe, Esqune. Boston untimely request. If tire preiding officar support function (s). Thernfora,memnval 1 Edison Company,800 Boylston. Street. grants e aquest for oral argument, any of TS 3/4.5.H willnatureurnalyuber 35th Floor. Boston, Masaechusetts heanng held on the application < hall be the assurance ofC=v rf. Curs 02199. attomey for the licensee. conducted in ecr.ordancewith the Cooling System ptmm operability,and will make the CNS TS con====nt with Nonttmely filings of petitions far hybrid bearmg precedums. In euence, leave to mtervene, amended petitions, those procedums limit the time the Boiling Water Reactor (BWR) supplemental petitions and/orrequests available foniisemery and require that Standard Technical Specifiestions in for heanng will notbe entertaineu an oral argument beheld to determine this regard. a absent a determmation by the whether any contentions mustbe Dunng the performance ef1hs Commission, the presiding officer or the resolved in adjudicatory bearing. If no licensee's ongmng Desgn Basis presiding Atonue Safety and thansin8 partyte the proceedingstequests cral Reconstitution Program, the licensee determined that tmder oertain socident

• Board that the petition and/or roquast argumentcorff alltmtimely requests for should be granted based upon a oral argument sm danied, then the usual conditions (a pipe breakyostulated to balancing of the factors specifiad in 10 procedums in to CFR pet 2, subpart G.

occur in the Core Spray System discharge line, combined with a. loss of CFR 2.714f a)(1)(i)-4v) and 2.714(d). 17, off. site power and with a failure of one The Commission hareoy provides or funher detnis withrespect to this notice that this is a proceeding on an action. see the a lication for Emergency Diesel Generstar), them epplication fora licenseamamiment amendment da Februury 11,1993. could be fewer than the required falling within the scope of sectum 134 which is available forpubhctnspection neber of low.presrure Emergency Core of the Nuclear Watta Policy Act of1982 at the Commission'sPublicDocument Cooling System (EC:S)ptanpqL 5Vailable (NWPA). 42 U.S.C.mnSt. Under Roum, the Celman Building 2120 L to respond to the acadsat3an was section 134 of the NWPA the Street.NW..'Washingten.DC 20555 and assumed in the CCS ecodantunalysis. 1 This scenario would ocx:ur.dnpart as.a Commission, at the mquest of any party atthelocalpublic documentroom result'of the loss of the**--d to the proceeding, must'use hybrid locattst de Plymond Pubhe Lbrary, Safeguards CompetmenttCesdors that t beanng procedures withTurpect:to Sany 11 Nath Street, Plymouth. are' powered by the

Diesel matter which the Commiseson Massachusetts 02350.

Generaturthat is a==nm= hts determines to be in. controversy among .Detad at RohilleStryland.this 23rd day e,hmmh the licansasis2nmently the parties." The hybrid procedures in of APru 1992. making aplant dangn

townerra section 134 provide furoral agument Far the NuclearRapalary enmnuusa-thenparabilitynfthemumrh lhaat on matters in controversy. paceded by discovery under therCommission's Ronald 84aton. Sr.

removal (RHR)pumpsm+thrmt theRER rules, and the designetion, following PrryserMmamer,ProesctDtrucramte A3, pump area coolers,the CNS 'DS still ~ argument. of only those factual-issues Divman offisocmrIA '/2Lofficeof require the se.r,mhwa totn *tn nwvtcs," that involve a genuine and substantial NuclearJaeoctorRegulatma. hence. OPIRABLE. ethanstuethe dispute. together with4ny remaming (FR Doc.2Ht0170 Ned+4bR 845 sml mnrirtedprmy in thiscasethe RHR massa cuammom-m pumps, mustbe dacland.iNDPERABI;E, questions of law, to be resolved in an Howeenr. the plant Langa rh anne-will edjudicatory beenng. Actual allow ths RHRpumostoperform their adjudicatory beenngs are to be held on gg sainty Ametirm and thushe OPERABLE only those issues found to meet the without the cmlers beingin service. cnteria of section 174 and set for CooperNuctuar Station; Corrsloeration Thus. withmt approval ofthisproposed heanna efler oral arvument. ofissuanceof Amendmenttoisecility The Commission 4 Tules Opersting 1.Jcense, Proposed No r hangacthe requusdaumber ofECCS implementing section TJ4 of the NWPA mgntResnt HazardsCon Merstion Pumps nanded far ASMEQass-I am found in to CFRpet 2,subpart K. Determtrtstion, and1Dpportuntty for1m pressure-tssting und for plant operation would mot be ewulable und. plant startup "Ilybnd Heanng Procedures for Hearing conhl zmt ocz:ur. Expansion of Spent Nuclear Fuel Storege Capeory et Ovilian Nuclear The U3. NucleurRegulatory The licensee has stated that.the Power Reactors"(published at 50 FR Commission-(the nmmmion)is pmposed TS chma is neededprior to l e 41670. October 15,19851 to 10 CFR runaidenng.insuance of an amundment Class I ASME pressure testing and i ' not et seg. Under those rules, any tof acility Operating I termca No._DPR-reactor startup followmgtile current . arty to the pmceeding may invoke the 40, issued to the NahrestaPublicPower refualmg outage, currently scheduled ybnd heanng procedurm by. filing with District (ths hrmae), furoperation of for May.10,1993.Thus.thehmm4= ion the presiding officers wrttten request the Cooper Nucisar.fitation (CNS), must act quickly and timeadoes not for oral errument tmder 20 CFR 2.*1109. located in.Nnmmhn coumy, Nebraska. permitthe puhummn of a Faderal To be timely, the request must be. filed The proposedamenamentwould Register notice anowmg 30. days:fm within 30 dap of an order granting a removehrtmn.3/A.5.H. "Pn einsemd prior publicromment. mquest for heanng or petition to Safeguards Competments Coolmg."znd As: stated above.the need.forthe mtervene. (As outuned above, the 'tha assoc ated Bassa section framthe proposed TS channwaafound durmg Commirsion's rules in.10 CFR part.2. CMS TschmcalSpecifications (ISL thecmmeof the hrrnme4tmgomg}}