ML20045H764

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Notice of Consideration of Issuance of Amend to License DPR-36 & Proposed NSHC Determination & Opportunity for Hearing.Amend Deletes Five Page List of safety-related Shock Suppressors (Snubbers) from TS 3.20
ML20045H764
Person / Time
Site: Maine Yankee
Issue date: 07/08/1993
From: Trottier E
Office of Nuclear Reactor Regulation
To:
Shared Package
ML20045H760 List:
References
NUDOCS 9307210239
Download: ML20045H764 (8)


Text

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ENCLOSURE o

UNITED STATES NUCLEAR REGULATORY COMMISSION MAINE YANKEE ATOMIC POWER COMPANY MAINE YANKEE ATOMIC POWER STATION DOCKET N0. 50-309 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 an amendment to Facility Operating License No. DPR-36 issued to Maine Yankee Atomic Power Company (the licensee) for operatio'n, of the Maine Yankee Atomic Power Station located in Lincoln County, Maine.

The proposed amendment would delete the five-page list of safety-related shock suppressors (snubbers) from Technical Specification (TS) 3.20, while providing an additional Applicability statement.

The additional Applicability statement clearly defines the safety-related scope of the snubber program controlled by the TS.

In addition, snubber surveillance testing and recordkeeping requirements are changed to reflect the safety-related scope of the snubber program.

Before issuance of the proposed license amendment, the Commission will have made findings required by the Atomic Energy Act of 1954, as amended (the 1

Act) and the Comission's regulations.

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

Under the Comission's

)

regulations in 10 CFR 50.92, this means that operation of the facility in i

9307210239 930708 DR ADOCK 0500 9

. accordance with the proposed amendment 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 kind of accident from any accident previously evaluated; or (3) involve a significant reduction in a margin of safety. As required by 10 CFR 50.91(a), the licensee has provided its analysis of the issue of no significant hazards consideration.

The NRC staff has reviewed the licensee's analysis against the standards of 10 CFR 50.92(c). The staff's review is presented below:

1.

The proposed amendment does not involve a significant increase in the probability or consequences of an accident previously evaluated.

The proposed change deletes the list of safety-related snubbers from TS 3.20, while more clearly defining the safety-related scope of the licensee's snubber program controlled by the TS. No changes are proposed for snubber operability or surveillance requirements.

2.

The proposed amendment does not create the possibility of a new or different kind of accident from any accident previously evaluated.

The proposed change would permit the licensee to add, delete, relocate or modify snubbers, without requiring a license amendment.

Such additions, deletions, relocations or modifications would be controlled by 10 CFR 50.59, Changes, tests and experiments.

The proposed change is in accordance with the guidance found in Generic Letter (GL) 84-13, Technical Specifications for Snubbers, and GL 91-08, Removal of Component Lists from Technical Specifications.

3.

The proposed amendment does not involve a significant reduction in a margin of safety.

0

, Current requirements for surveillance testing safety-related snubbers to demonstrate operability remain unchanged.

The proposed change more clearly defines the safety-related scope of the licensee's snubber surveillance program, while moving the list of safety-related snubbers to a plant procedure that is subject to TS 5.8, Programs and Procedures.

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

Therefore, the NRC staff proposes to determine that the amendment request involves no significant hazards consideration.

The Commission is seeking public comments on this proposed I

determination. Any comments received within 30 days after th'e date of publication of this notice will be considered in making any final determination.

Norma'ly, 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 result, for example, in derating or shutdown of the facility, the Commission may issue the license amendment before the expiration of the 30-day notice 4

period, provided that its final determination is that the amendment involves i

no significant hazards consideration.

The final determination will consider j

all public and State comments received.

Should the Commission take this action, it will publish in the FEDERAL REGISTER 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.

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

, Services, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555, 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, 7920 Norfolk Avenue, Bethesda, Maryland, from 7:30 a.m. to 4:15 p.m. Federal workdays.

Copies of written comments received may be examined at the NRC Public Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC 20555.

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

By August 13, 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 hearing and a petition 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, NW., Washington, DC 20555 and at the local public document room located at the Wiscasset Public Library, High Street, P.O. Box 367, Wiscasset, Maine 04578.

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 Secretary or the designated Atomic Safety and Licensing

. Board will issue a notice of hearing or an appropriate order.

As required by 10 CFR 2.714, a petition for leave to intervene shall set forth with particularity the interest of the petitioner in the proceeding, and how that hterest may be affected by the results of the proceeding.

The petition

'ntuld 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{etitionshould 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 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 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 f act 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 that support the contention and on which the petitioner intends to rely in proving the contention at the hearing.

The petitioner must also provide references to i

i those specific sources and documents of which the petitioner is aware and on which the petitioner intends to rely to establish those facts or expert opinion.

Petitioner must provide sufficient information to show that a 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 that, 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.

Those permitted to intervene become parties to the proceeding, subject 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 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 will serve to decide when e hearing is held.

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

make it immediately effective, notwithstanding the request for a hearing. Any I

l 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.

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,

i Washington, DC 20555, Attention:

Docketing and Services Branch, or may be delivered to the Commission's Public Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC 26555, by the above date.

Where petitions are filed during the last 10 days of the notice period, it is requested that the petitioner promptly so inform the Commission by a toll-free 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 Number N1023 and the following message addressed to Walter R. Butler: petitioner's name and telephone number, date petition was mailed, plant name, 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 Mary Ann Lynch, Esquire, Maine Yankee Atomic Power Company, 83 Edison Drive, Augusta, Maine 04336, 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 Commission, the presiding officer or the presiding Atomic Safety and Licensing Board that the petition or request should be granted based upon a balancing of the factors specified in 10 CFR 2.714(a)(1)(1)-(v) and 2.714(d).

For further details with respect to this action, see the application for amendment dated June 7,1993, which is available for public inspection 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 m

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-9 Wiscasset Public Library, High Street, P.O. Box 367, Wiscasset, Maine 04578.

Dated at Rockville, Maryland, this 8th day of July 1993.

FOR THE ' LEAR REGULATORY COMMISSION E. H. Trottier, Project Manager Project Directorate I-3 Division of Reactor Projects - I/II Office of Nuclear Reactor Regulation

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