ML20059A641

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Notice of Consideration of Issuance of Amend to License NPF-82 & Proposed NSHC Determination & Opportunity for Hearing.Amend Removes Licensee Authority to Operate Facility
ML20059A641
Person / Time
Site: Shoreham File:Long Island Lighting Company icon.png
Issue date: 08/15/1990
From: Butler W
Office of Nuclear Reactor Regulation
To:
Shared Package
ML20059A639 List:
References
NUDOCS 9008230149
Download: ML20059A641 (11)


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i UNITED STATES NUCLEAR REGULATORY COMMISSION

LONG ISLAND LIGHTING COMPANY DOCKET NO. 50-322 MOTICE OF CONSIDERATION 0F ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE AND PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION AND OPPORTUNITY FOR HEARING The U.S. Nuclear Regulatory Comission (the Comission) is considering issuance of an amendment to Facility Operating License No. NPF-82 issued to LongIslandLightingCompany(thelicensee),foroperationoftheShoreham 5

Nuclear Power Station, Unit 1, located in Suffolk County, New York.

The proposed amendment would remove the licensee's authority to operate the Shoreham facility. The licerisee proposes that its current full-power operating license be amended to become a "defueled operating license" and remove the licensee's authority to operate the facility. In a telephone communication of June 5, 1990, as confirred by letter from the NRC Staff to the licensee on July 13, 1990 the licensee advised that its proposed amendments may be treated as a request for a " possession only" license.

The request for amendment contains numerous subparts, as set forth below.

As the Comission progresses in its review and finds acceptable selected portions of the application, it may issue license amendments authorizing various approved portions of the application while it continues to review the remaining portions of the applicatinn. The granting of any portion of the January 5,1990 proposed license amendment will be published in the Federal Register and will reference this notice.

r 9008230149 90091a PDR P ADOCK 03000322 FDC

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o The requested license arendment is comprised of the folic @ g proposed changes to the license.

1. Paragraph 2.B(1).: Delete the word "and" prior to the word " operate" and replace with the words "but not".
2. Paragraph 2.C.: Celete the following language, "except as exempted from '

l-compliance as described in Section 2.0. below;".

3. LicenseCondition2.C.(1),MaximumPowerLevel: Delete the following

( language:

"The licensee is authorized to operate the facility at core power levels not to exceed 2,436 megawatts thermal (100 percent rated pcwer) in accordance with the conditions specified herein and other items-identified in Attachments 1 and 2 to this license. .

The items identified in Attachments 1 and 2 to this license shall be completed as specified. Attachments 1 and 2 are hereby incorporated into this license."

This deleted language is to be replaced with, "The licensee is not authorized to operate tM facility at any core power level."

-4. LicenseCondition2.C.(2),TechnicalSpecificationsandEnvironmental ,

P Protection Plan: Delete the following language, "as revised through Amendment No. .

5. LicenseCondition2.C.(3),FireProtectionProgram(Section9.5.SER.

SSERI.SSER2.SSER9): Delete current " License Condition 2.C.(3)", and replace withanewLicenseCondition2.C.(3)whichwouldprovide

" Requirement to Obtain NRC Approval to Place Fuel in the Reactor Vessel

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i The licensee shall not place any fuel assen611es in the l reactor vessel without the prior approval of the NRC Staff."

6. Licensee Ccndition 2.C.(4), Flur Penitor (Section 22. SER): Delete,
7. LicenseeCondition2.C.(5), Instrumentation and Controls Systeus Required for Safe Shutdown (Section 7.4.3 SSER3. SSER4. SSERB): Delete.
8. LicenseeCondition2.C.(6),SteamCondensingModeofRHR(Section3.8.2 f

SER. SSER1, SSER3. SSER4): Delete.

9. License Condition 2.C.(7), Emergency Diesel Generator License Condition (Section B.3 SSER 9): Delete.
10. LicenseCondition2.C.(8),FissionGasReleaseandBallooningandRupture l (Sections 4.2.3.2 and 4.2.3.3 SER): Delete.
11. LicenseCondition2.C.(9),StrikeShutdownLicenseCondition(Section 13.3.5.7 SSER 10): Delete.
12. LicenseCondition2.C.(10),HurricaneShutdownLicenseCondition (NRR Director's Findings Re: EP Dated A/17/89): Delete.
13. License Condition 2.C.(11), County Lisison License Condition (NRR Director's Finding Re: EP Dated 4/17/89): Delete.
14. Licensecondition2.C.(12),BrentwoodStaffingLicenseCondition  ;

(t:RR Director's Finding Re: EP Dated 4/17/89): Delete.

15. License Condition 2.C.(13), Quarterly Drills License Condition (NRR Director's Finding Re: EP Dated 4/17/89): Delete.
15. Paragraph 2.D., delete and replace with a new 2.D. which would provide:

"The licensee shall implement and maintain in effect all provisions I

of the approved fire protection program as described in the Fire Hazards Analysis Report and the Defueled Safety Analysis Report for the facility and as approved in the SER dated April 1981 i

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. t and Supplements 2 dated February 1982 and 9 dated December 1985, t subject to the following provision .

e The licensee may make changes to the approved fire  ;

protection program without prior approval of the Corcission only if these changes would not adversely affect the ability to maintain the fuel in the Spent Fuel Fool in a safe condition in the event

! of a fire."

17. Paragraph 2.E.: ' Delete the following language, " Physical Security Plan,"

with revisions submitted through December 20, 1988;", and replace with

" Security Plan for Fuel Storage in the Spent Fuel Pool, as submitted I

January 5,1990".

18. Paragraph 2.F.: Delete.

l 19. Attachment 1,CharoestotheRemoteShutdownPanel(RSP)(Section7.4.3 L SSER3.SSERA) Delete.

20. Attachment 2, Emergency Diesel Generator (EDG) 101, 107, and 103 License Conditions: Delete, L
21. Appendix A;. Technical Specifications: Revise to reflect a possession-Only status _

P2. Appendix B, Environmental Protection Plan: Revise to reflect a possession-only status.

Before issuance of any portion of the proposed license amendment, the Comission will have made findings required by the Atomic Energy Act of 1954, as amended (the Act) and the Comission's regulations.

The Comission 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 accord-ance 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.

The licensee has determined that the proposed change does not involve a significant hazards consideration for the Shoreham Nuclear Power Station, Unit 1, I on the basis of the following analysis, which was provided in its submittal of January 5,1990: i A. The Proposed Amendment Does Not involve a Significant Increase in the Prcbability or Consequences of an Accident Previously Evaluated. 3 l

s The proposed amendment to NpF-82 does not involve a significant increase in either the probability or the consequences of an accident previousl  !

would remove the licensee's)

[y evaluated. The proposed operating authorityamendment, if granted, and recognize Shoreham's current non-operating and permanently defueled condition.

l With Shoreham remaining in a defueled condition, the probability of previously analyzed accidents has, in fact, been significantly reduced. As is noted in the Chapter 15 of the [Defueled Safety Analysis Report) DSAR, Shoreham's spent fuel [is in) a low burnup condition, and the amount of decay heat being generated by the fu i

-as of June 1989 is negligible -- approximately 553 watts. With the fuel in such a low burnup condition, the DSAR indicates that active systems for pool water makeup are not required and that passive cooling in the fuel pool is sufficient to maintain fuel cladding integrity.

The OSAR also establishes that the consequences of previously evaluated accidents are greatly decreased with Shoreham in a defueled status. The DSAR reviews the spectrum of accidents evaluated in the Shoreham Updated Safety Analysis Report (USAR) and identifies those events that apply to the storage and handling of spent fuel. Two o

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events have been.found to be relevant: (1) Fuel Handling Accident (USAR Section 15.1.36), and (2) Liquid Radwaste Tank Rupture (USAR Section15.1.32). For the Fuel Handling Accident The DSAR 1 calculates that the integrated whole body and skin doses are less i than .00005% of the 10 CFR Part 100 limits. For the Liquid Radwaste '

Tank Rupture, the integrated M.'le body, skin, and maximum organ (lung) doses are less than .000000u of the 10 CFR Part 100 limits.

In addition, the DSAR also postulates a " worst case" radiological l l

cvent, in which the entire gaseous inventory of tN entire core is released to the reactor building. For this event the integrated I

whole body and skin doses are less than .031% of the dose limits l

established by 10 CFR Part 100.

i B. The Proposed Amendment Will Not Create the Possibility of a New or L Different Kind of Accident from Any Accident Previously Evaluated, l

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

L The amendment does not affect the function or operation of any system or equipment that has been determined to remain in an OPERABLE condition but, rather, conforms Shoreham's license with the plant's existing non-operating and_defueled condition. The removal of LILco's operating authority clearly does not create the possibi'ity L

' of a new or different kind of accident, since, as noted above, the .

only remaining credible events are those associated with fuel l

handling and storage activities, which have already been analyzed in the USAR and which are reanalyzed for a new set of initial >

conditions in the DSAR.

I C. The Proposed Amendment Does Not involve a Significant i Reduction in a Margin of Safety, o The proposed amendment does not involve a reduction in a significant *

! margin of safety. While the amendment, if approved, wculd remove a ,

large portion of Shoreham's technical specifications, including the Safety Limits section, those technical specifications that would be eliminated are relevant only to activities that would not be permitted under the amended license. The proposed new set of technical specifications represent those technical specifications that are needed to store and handle safely Shoreham's irradiated fuel. Since fuel storage and handling are the only activities that will be permitted at Shoreham under the amended license, it necessarily follows that the proposed changes will not reduce the margin of safety that currently exists under the license.

Based on the above considerations, the Commissian has made a proposed determination that the amendment request involves no significant hazards consideration.

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I The Commission has determined that the above significant hazards consideration analysis is applicable to each proposed change to the license, items 1 through 21 (as listed above) or to the aggregate of the proposed license changes. As stated above, the Commission may decide to issue license amendments authorizing various portions of the application while it c'9tinues to review the remaining portions of the application. '

The Commission is seeking public comments on this proposed determination.

Any comments received within 30 days after the date of publication of this notice will be considered in making eny 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 Administration, U.S. Nuclear Regulatory Commission, Washington, D.C. 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.

Copies of written comments received 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 September 20, 1990 , the licensee may file a request for a hearing with respect to issuance of the amendnent 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

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  • 8 leave to intervene shall be filed in accordance with the Comission'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 Comission's Public Document Room, the Gelman Building, 2120 L Street, N.W., ,

Washington, D.C. 20555 and at the local Public Occument Room located at the Shoreham-Wading River Public Library, Route 25A, Shoreham, New York 11786-9697.

If the request for a hearing or petition for leave to intervene is filed by the above date, the Comission or an Atomic Safety and Licensing Board, designated by the Comission 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 interest may be offected by the results of the proceeding. The petition should specifically explain the reasons why intervention should be l

l 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; >

(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 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 wishet 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

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( 4) 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 i

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 tupport the centention and on which the petitioner intends to rely in

-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 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 amendments ,

under consideration. The contention must be one which, if proven, would entitle the petitioner to relief. A retitioner 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.

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l If a hearing is requested, the Comission will make a final determination on the issue of no significant hazards consideration. The final determination '

will serve to dedh when the hearing is held.

If the final 4 w mination is that the request for amendment involves no significant hazards consideration, the Comission may issue the amendment and  !

make it effective, notwithstanding the request for a hearing. Any hearing held would take place after issuance of the amendmert. '

-If the final determination is that the amendmer t involves a significant hazards consideration, any hearing held would take place before the issuance of any amendment. "

Normally, the Comission will not issue the amendment until the 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 Comission 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

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State coments received. Should the Comission take this action, it will publish a notice of issuance and provide for opportunity for a hearing after issuance. The Comission expects t' tat the need to take this action will occur very infrequently.

A request for a hearing or t petition for leave to intervene must be filsd with the Secretary of the (omission, U.S. Nuclear Regulatory Comission, Washington, D.C. 2055E, Attention: Docketing and Service 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

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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). i The Western Union operator should be given Datagram Identification Number 3737 '

and the following message addressed to Walter R. Butler, Director, Project '

Directorate I-2, Division of Reactor Projects I/II: (petitioner'snameand 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 Comission, Washington, D.C. 20555, and to Hunton and Williams, P.O. Box 1535 Richmond, Virginia 23121, attorney for the Itcensee.

Nontimely filings of petitions for leave to intervene, amended petitions, supplemental petitions and/or requests for hearing will not be entertained absent a determi.ution by the Comission, the presiding officer or the Atomic Safety l

and Licensing Board that the petition and/or request should be granted based L

uponabalancingoffactorsspecifiedin10CFR2.714(a)(1)(i)-(v)and2.714(d).

I' For further details with respect to this action, see the application l for amendment dated January 5, 1990, which is available for public inspection l at the Comission's P(olic Document Room, the Gelman Building, 2120 L

j. Street, N.W. Washington, D.C. 20555, and at the Shoreham-Wading River Public Library, Route 25A, Shoreham, New York 11786-9697 Dated at Rockville, Maryland, this 15th day of August 1990.

FOR THE NUCLEAR REGULATORY COMMISSION d V Walter R. Butler, Director Project Directorate I-2 Division of Reactor Projects - I/II '

Office of Nuclear Reactor Regulation

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