ML20057A667
| ML20057A667 | |
| Person / Time | |
|---|---|
| Site: | Trojan File:Portland General Electric icon.png |
| Issue date: | 08/27/1993 |
| From: | Michael Webb Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML20057A662 | List: |
| References | |
| NUDOCS 9309150121 | |
| Download: ML20057A667 (9) | |
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7590-01 UNITED STATES NUCLEAR REGULATORY COMMISSION PORTLAND GENERAL ELECTRIC COMPANY DOCKET NO. 50-344 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 Commission) is considering issuance of an amendment to Facility Operating License No. NPF-1, issued to Portland General Electric Company (the licensee), for operation of the Trojan Nuclear Plant located in Columbia County, Oregon.
The proposed amendment would revise license condition 2.C.(8) concerning the Trojan Nuclear Plant (Trojan) Fire Protection Program. The licensee proposed this new license condition in accordance with Generic Letters 86-10 and 88-12, and as part of a request to relocate those portions of the Trojan Technical Specifications (TS) that are related to the Trojan Fire Protection Program from the TS to Topical Report PGE-1012, " Trojan Nuclear Plant Fire Protection Plan."
Portland General Electric submitted a timely application for this proposed amendment on March 16, 1993, and a notice was published on June 23, 1993, in the FEDERAL REGISTER (58 FR 34088) as required by Commission regulations 10 CFR 50.91(a)(2).
However, the NRC staff noted that because of an administrative error, the notice did not identify that, in addition to relocating the Fire Protection Program, the proposed amendment included the revised license condition. This notice is being issued specifically to 9309150121 930909 PDR ADOCK 05000344 e
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f identify the inclusion of the revised license condition in the amendment l
i request.
It is being issued as an exigent 15-day notice because more than I
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60 days have already been provided for public comment, with no coments l
l received.
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.
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pursuant to 10 CFR 50.91(a)(6) for amendments to be granted under exigent circumstances, the NRC staff must determine that the amendment request l
involves no significant hazards consideration.
Under the Commission's regulations in 10 CFR 50.92, this means that operation of the facility in f
accordance with the proposed amendment would not (1) involve a significant increase in the probability or consequences of an accident previously l
f evaluated; or (2) create the possibility of a new or different kind of
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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 f
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i has provided its analysis of the issue cf no significant hazards consideration, which is presented below:
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The proposed license amendment does not involve a significant increase I
in the probability or the consequences of an accident previously l
evaluated.
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This amendment merely relocates the fire protection program elements
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from the [ Trojan Technical Specifications] TTS to PGE-1012.
No change i
3 is being made to the content of the TTS being relocated. Operating l
limitations will continue to be imposed, and required surveillances will continue to be performed in accordance with written procedures and instructions auditable by the NRC.
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Although proposed future changes to the fire protection program elements previously located in the TTS will no longer be controlled by i
j 10 CfR 50.90, proposed changes to the TS requirements relocated to PGE-1012 will be evaluated by a safety evaluation in accordance with I
the requirements of 10 CfR 50.59 to determine whether an unreviewed i
safety question exists. Changes that do represent an unreviewed l
safety question will receive prior NRC approval before implementation.
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Thus, programmatic controls will continue to assure that this change i
will not have the effect of permitting future proposed fire protection program changes to create an unreviewed safety question.
It is 1
2 concluded that this change does not involve a significant increase in l
the probability or consequences of an accident previously evaluated.
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The proposed license amendment does not create the possibility of a i
new or different kind of accident from any accident previously i
j evaluated.
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PGE-1012, incorporated by reference in Trojan FSAR Section 9.5.1, contains the Trojan fire hazards analysis.
This amendment merely I
relocates the fire protection TS requirements from the TTS to l
PGE-1012.
No change to the fire protection TS requirements is being 3
made and thus the change does not create the possibility of a new or j
different accident from those previously evaluated.
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As noted above, proposed changes to the TS requirements relocated to PGE-1012 will be evaluated by a safety evaluation in accordance with i
the requirements of 10 CFR 50.59 to determine whether an unreviewed l
l safety question exists.
Changes that do represent an unreviewed i
safety question will receive prior NRC approval before implementation.
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l 3.
The proposed license amendment does not involve a significant l
reduction in the margin of safety.
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This change does not involve a reduction to the approved fire protection program or TS fire protection requirements. The TS fire protection requirements are being relocated, without alteration to j
PGE-1012. Since there is no change to the requirements, there is no reduction in the margin of safety.
l As noted above, proposed changes to the TS requirements relocated to PGE-1012 will be evaluated by a safety evaluation in accordance with j
the requirements of 10 CFR 50.59 to determine whether an unreviewed i
safety question exists. Changes that do represent an unreviewed i
i safety question will receive prior NRC approval before implementation.
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. The NRC staff has reviewed the licensee's analysis and, 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 amendmer,t request involves no significant hazards consideration.
The Comission is seeking public coments on this proposed determination.
Any comments received within 15 days after the date of publication of this notice will be considered in making any final determination.
Normally, the Commission will not issue the amendment until the expiration of the 15-day notice period.
However, should circumstances change during the
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notice period, such that failure to act in a timely way would result, for example, in derating or shutdown of the facility, the Comission may issue the license amendment before the expiration of the 15-day notice period, provided that its final determination is that the amendment involves no significant j
hazards consideration. The final determination will consider all public and State comments received. Should the Comission take this action, it will 1
publish in the FEDERAL REGISTER a notice of issuance. The Commission expects l
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 coments may also be delivered to l
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 I
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may be examined at the NRC Public Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC 20555.
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I l The filing of requests for hearing and petitions for leave to intervene is i
discussed below.
By september l'7, 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 ar.d a petition for leave to intervene.
Requests for a 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" i
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 l
Building, 2120 L Street, h'W., Washington, DC 20555 and at the local public j
document room located at Branford Price Millar Library, Portland State University, 934 S.W. Harri. son Street, P.O. Box 1151, Portland, Oregon 97207.
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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.
i 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 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 a party to the proceeding;
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j (2) the nature and extent of the petitioner's property, financial, or other l
interest in the proceeding; and (3) the possible effect of any order which may l
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be entered in the proceeding on the petitioner's interest. The petition l
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should also identify the specific aspect (s) of the subject matter of the l
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proceeding as to which petitioner wishes to intervene. Any person who has l
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q filed a petition for leave to intervene or who has been admitted as a party l
may amend the petition without requesting leave of the Board up to 15-days j
prior b the first prehearing conference scheduled in the proceeding, but such 1
j an amended petition must satisfy the specificity requirements described above.
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Not later than 15 days prior to the first prehearing conference scheduled j
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in the proceeding, a petitioner shall file a supplement to the petition to j
intervene which must include a list of the contentions which are sought to be I
litigated in the matter.
Each contention must consist of a specific statement i
of the issue of law or fact to t>e raised or controverted.
In addition, the i
i 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 proving the l;
contention at the hearing.
The petitioner must also provide references to 1
those specific sources and documents of which the petitioner is aware and on I
which the petitioner intends to rely to establish those facts or expert j
opinion.
Petitioner must provide sufficient information to show that a genuine dispute exists with the applicant on e material issue of law or fact.
1 Contentions shall be limited to matters within the scope of the amendment 1
under consideration. The contention must be one which, if proven, would s
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!. i entitle the petitioner to relief. A petitioner who fails to file such a f
I supplement which satisfies these requirements with respect to at least one i
l contention will not be permitted to participate as a party.
j Those permitted to intervene become parties to the proceeding, subject to any limitations in the order granting leave to intervene, and have the I
opportunity to participate fully in the conduct of the hearing, including the j
opportunity to present evidence and cross-examine witnesses.
j If the amendment is issued before the expiration of the 30-day hearing period, the Comission will make a final determination on the issue of no t
significant hazards consideration.
If a hearing is requested, the final i
l determination will serve to decide when the hearing is held.
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If the final determination is that the amendment request involves no i
significant hazards consideration, the Commission may issue the amendment and make it immediately effective, notwithstanding the request for a hearing. Any a
hearing held would take place after issuance of the amendment.
If the final determination is that the amendment reques*. involves a 1
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 I
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 Commission's Public Document Room, the Gelman Building, I
j 2120 L Street, NW., Washington, DC 20555, by the above date. Where petitions i
are filed during the last 10 days of the notice period, it is requested that 4
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f the petitioner promptly so inform the Comission by a toll-free telephone call to Western Union at 1-(800) 248-5100 (in Missouri 1-(800) 342-6700). The i
Western Union operator should be given Datagram Identification Number N1023 and the following message addressed to Non-Power Reactors and Decomissioning 4
l Project Directorate, Michael Masnik, Senior Project Manager, U.S. Nuclear Regulatory Comission, 0WFN MS 11-B-20, Washington, DC 20555: date petition i
was mailed; plant name; and publication date and page number of this FEDERAL l
REGISTER notice. A copy of the petition should also be sent to the Office of i
the General Counsel, U.S. Naclear Regulatory Commission, Washington, DC 20555,
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and to Leonard A. Girard, Esquire, Portland General Electric Company,121 S.W.
Salmon Street, Portland, Oregon 97304, attorney for the licensee.
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Nontimely filings of petitions for leave to intervene, amended petitions, I
supplemental petitions and/or requests for hearing will not be entertained j
absent a determination by the Comission, the presiding officer or the l
presiding Atomic Safety and Licensing Board that the petition and/or request I
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should be granted based upon a balancing of the factors specified in 10 CFR 2.714(a)(1)(i)-(v) and 2.714(d).
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For further details with respect to this action, see the application for i
l amendment dated March 16, 1993, which is available for public insrction at l
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the Comission's Public Doument Room, the Gelman Building, 2120 L Street, j
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I NW., Washington, DC 20555, and at the local public document room, located at t
t Branford Price Millar Library, Portland State University, 934 S.W. Harrison r
i Street, P.O. Box 1151, Portland, Oregon 97207.
Dated at Rockville, Maryland, this 27th day of August 1993.
FOR THE NUCLEAR REGULATORY COMMISSION
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Michael K. Webb, Acting Project Manager Non-Power Reactors and Decommissioning l
Project Directorate Division of Operating Reactor Support Office of Nuclear Reactor Regulation l
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