ML20059H872

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Notice of Consideration of Issuance of Amend to License DPR-40 & Proposed NSHC Determination & Opportunity for Hearing.Amend Would Revise TSs to Implement Administrative Changes
ML20059H872
Person / Time
Site: Fort Calhoun Omaha Public Power District icon.png
Issue date: 11/03/1993
From: Steven Bloom
Office of Nuclear Reactor Regulation
To:
Shared Package
ML20059H869 List:
References
TAC-M86928, NUDOCS 9311100250
Download: ML20059H872 (9)


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., 7590-01 UNITED STATES NUCLEAR REGULATORY COMMISSION OMAHA PUBLIC POWER DISTRICT DOCKET NO. 50-285 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 Comission (the Comission) is considering issuance of an amendment to Facility Operating License No. DPR-40 issued to Omaha Public Power District (the licensee) for operation of the Fort Calhoun Station, Unit 1, located in Washington County, Nebraska.

The proposed amendment would revise the Technical Specifications (TSs) to implement administrative changes. Proposed changes include providing consistency with Combustion Engineering (CE) Standard Technical Specifications on refueling frequency, incorporating bases information on pressurizer safety valves, removing revision numbers and dates of the NRC-approved reload analysis topical reports, and indicating the latest NRC-approved revision as stated in the Core Operating Limits Report (COLR), correcting typographical and gramatical problems, and correcting mistakes made in previous amendments.

The October 10, 1993, submittal presented additional information which was not part of the initial application and therefore not part of the original no significant hazards determination previously published in the FEDERAL REGISTER on August 4, 1993 (58 FR 41509).

Before issuance 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.

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. 2-The Comission 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 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, which is presented below:

The proposed changes do not involve significant hazards considerations because operation of Fort Calhoun Station Unit No. I in accordance with these changes would not:

(1) Involve a significant increase in the probability or consequences of an accident previously evaluated.

The proposed changes include: administrative changes to correct typographical errors, references and revision numbers; make the specifications consistent; provide clarifications; and to make changes consistent with organizational changes, or with the CE Standard Technical Specifications.

The clarification to the basis of Specification 2.1.6 provides a discussion on: the presence of water filled loop seals, the potential effects the loop seal may have on the setpoint deviation of the safety valves, and that any effect is within the results of ,

the Updated Safety Analysis Report.

The clarification to Specification 2.2(2)dl. provides an additional requirement to maintain valve LCV-218-3 operable which is consistent with the intent of the specification in that the valve must be operable to maintain the required flow path from the Safety Injection and Refueling Water (SIRW) tank. 1 The clarification to Specification 2.3(1) states which electrical  ;

buses the safety injection pumps are powered through and is I consistent with the Updated Safety Analysis Report, Section 14.15, I which assumes that only one full capacity high pressure pump and one l

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full capacity low pressure pump are available during a Loss of Coolant Accident.

The clarification to the basis of Specification 2.14 only deletes the reference to the specific time for a valve to open.

The clarification to S)ecification 3.7(3) adds verbiage to state that the emergency lig1 ting system required to be tested by this specification is the emergency lighting system required to achieve a plant safe shutdown.

The proposed revision to Specification 5.9.5 merely incorporates reference to the latest NRC approved revisions of the topical reports as stated in the Core Operating Limits Report (COLR). The change does not modify the methodology or the manner in which they may be implemented.

The proposed changes are administrative in nature and are consistent with the assumptions or results stated in the Updated Safety Analysis Report; therefore, the proposed changes do not involve a significant increase in the probability or consequences of an accident previously evaluated.

(2) Create the possibility of a new or different kind of accident from i any previously analyzed.

,I The proposed administrative changes are typographical errors, '

revision numbers and references, and implement changes to make the Specifications consistent. No new or different operation of plant ,

equipment is proposed. No new or different action statements are proposed. Therefore, the proposed changes do not create the -

possibility of a new or different type of accident.

(3) Involve a significant reduction in a margin of safety.

The proposed administrative changes correct typographical errors and references, and implement changes to make the Specifications '

consistent. The clarifications being proposed are within the 1 assumptions or results as stated in the Updated Safety Analysis  !

Report; therefore, the proposed changes do not involve a significant  :

reduction in a margin of safety.

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. i Therefore, the NRC staff proposes to determine that the amendment request +

involves no significant hazards consideration. ,

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The Comission is seeking public coments on this proposed d? termination.

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

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 State coments received. Should the Comission take this action, it will publish in the FEDERAL REGISTER a notice of issuance and provide for opportunity for a hearing after issuance. The Comission expects that the need to take this action will occur very infrequently.

Written coments 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 Comission, Washington, DC 20555, and should cite the publication date and page number of this FEDERAL REGISTER notice. Written coments 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 coments received nay 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 l 1s discussed below.

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l By December 8,1993 , the licensee say 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 I 2.714 which is available at the Comission's Public Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC 20555, and at the local public document room located at W. Dale Clark Library, 215 South 15th Street, Omaha, Nebraska 68102. If a 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 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 1

( how that interest may be affected by the result 2 of the proceeding. The petition should specifically explain the */easons why intervention should be permitted with particular reference to the following factors: (1)thenature 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 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 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 4

which 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 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 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, sub.iect to any limitations in the order granting leave to intervene, and have the 1 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 Comission will make a final 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 Comission 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.

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, 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 20555, 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 Comission by a toll-free telephone call to Western Union at 1-(800) 248-5100 (in Missouri 1-(800)342-5700). The Western Union operator should be given Datagram Identification i

Humber N1023 and the following message addressed to William D. Beckner:

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

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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, DC 20555, and to LeBouef, Lamb, Leiby, and MacRae, 1875 Connecticut Avenue, NW, Washington, DC 20009-5728, attorney for the licensee.

Hontimely 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).

For further details with respect to this action, see the application for amendment dated June 17, 1993, as supplemented October 10, 1993, which is available for public inspection at the Comission's Public Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC 20555, and at the local public document room located at W. Dale Clark Library, 215 South 15th Street, Omaha, Nebraska 68102.

Dated at Rockville, Maryland, this 3rd day of November 1993.

FOR THE HUCLEAR REGULATORY COMMISSION Steven Bloom, Project Manager Project Directorate IV-1 Division of Reactor Projects - III/IV/V Office of Nuclear Reactor Regulation

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UNITED STATES

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%, ...../ November 3, 1993 DOCKET NO. .

Regulatory Publications Branch MEMORANDUM FOR: Division of Freedom of Intormation and Publications Services Of fice of Administration and Resources Management FROM: Of6ce of Nuclear Reactor Regulaten i suaJECT: Fort Calhoun Station, Unjt i One signed original of the federal Register Notice identified below is enclosed for your transmittat to the Office of the Federal Register for publication. Additional conformed copies ( ) of the Notice are enclosed for your use.

Notice of Receipt of Application for Construction Permit (s) and Operating License (s).

Notice of Receipt of Partial Application for Construction Permit (s) and Facility License (s): Time for Submission of Views on Antitrust Matters.

Notice of Consideration of lasuance of Amendment to Facility Operating License.(Callwith3 _0 yr y insert d ie).

Notice of Receipt of Application for Facility License (s); Notice of Availability of Applicant's Environmental Report; and I Notice of Consideration of lasuance of Facility License (s) and Notice of Opportunity for Hearing. t Notice of Availability of NRC Draft / Final Environmental Statement.

Notice of Limited Work Authorization.

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Notice of Availability of Safety Evaluation Report.

Notice of lasuance of Construction Permit (s).

Notice of issuance of Facility Operating License (s) or Amendment (s).

Order.

Exemption.  ;

Notice of Granting Exemption.

Environmental Assessment.

Notice of Preparation of Environmental Assessment.

Receipt of Petition for Director's Decision Under 10 CFR 2.206.

issuance of Final Director's Decision Under 10 CFR 2.206.

Other-Please call with the 30-day insert date.

Office of Nuclear Reactor Regulation

Enclosure:

As statexf Division Of' Reactor Projects - lil/IV/V I

contact: Paul Kleene l

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