ML20063C254
| ML20063C254 | |
| Person / Time | |
|---|---|
| Site: | FitzPatrick  |
| Issue date: | 01/10/1994 |
| From: | Mccabe B Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML20063C258 | List: |
| References | |
| NUDOCS 9402040127 | |
| Download: ML20063C254 (9) | |
Text
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UNITED STATES NUCLEAR REGULATORY COMMISSION POWER AUTHORITY OF THE STATE OF NEW YORK DOCKET NO. 50-333 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. OPR-59 issued to the Pcwcr Authority of the State of New York (the licensee) for operation of the James A. FitzPatrick Nuclear Power Plant located in Oswego County, New York.
The proposed amendment would add Limiting Conditions for Operation (LCO)-
and Surveillance Requirements to lables 3.12.1, " Water spray / Sprinkler Protected Areas", and 4.12.1, " Water Spray / Sprinkler System Tests" and clarify the associated Bases to reflect the installation of a new full area fire suppression system in the east and west cable tunnels. This new full area fire suppression system was installed because the previous sprinkler system did not provide coverage to some cable trays and the sprinkler head orientation did not provide full coverage of the cable trays where it was installed. The proposed amendment would also correct other portions of Tables 3.12.1 and 4.12.1 for consistency with changes made to reflect the east and l
west cable tunnel modification.
Before issuance of the proposed license amendment, the Commission will j
have made findings required by the Atomic Energy Act of 1954, as amended (the Act) and the Commission's regulations.
9402040127 940110 PDR ADDCK 05000333 P
PDR j
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1 I The Commission has made a proposed determination that the amendment request involves no significant hazards consideration. Under the Commission'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:
Operation of the FitzPatrick plant in accordance with the proposed Amendment would not involve a significant hazards consideration as defined in 10 CFR 50.92, since it would not:
1.
involve a significant increase in the probability or consequences of t
an accident previously evaluated.
The proposed changes revise the Technical Specifications to incorporate a modification to the James A. FitzPatrick Fire Protection System and to make existing Technical Specifications consistent with the specifications proposed for the modification.
The mcdification will improve the ability of the plant's fire protection system to detect and suppress fires. The modified system has been designed, analyzed and constructed in accordance with fire protection system requirements. These changes to the Technical Specifications assure that the modified system is operable by periodic surveillance and that required actions are taken if it is not available. The surveillance requirements meet or exceed past requirements.
2.
create the possibility of a new or different kind of accident from those previously evaluated.
The only potential for a new or different type of accident arises from different failure mechanisms of the system. An analytis of flooding has demonstrated that there are no associated failures of shutdown equipment. The new system has been designed and constructed so that there is no damage to safety related equipment due to missiles or water spray. The modification to the fire protection system provides additional protection for possible fires
- in the east and west cable tunnels through increased spray coverage.
There are no changes to plant operations or operating procedures other than Surveillance Requirements.
The Surveillance Requirements are consistent with past plant practices and industry codes and standards.
3.
involve a significant reduction in the margin of safety.
The piping has been designed and constructed to prevent damage to safety related equipment due to missiles or water spray during a seismic event. The modification improves the plant's capability to detect and suppress fires.
The potential for flooding or water damage has been evaluated and does not result in failure of shutdown equipment.
The LC0 and Surveillance Requirements meet or exceed past practice.
This change results in no reduction in the 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.
Therefore, the NRC staff proposes to determine that the amendment request 4
involves no significant hazards consideration.
C 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 any final determination.
Normally, the Comission will not issue the amendment until the e
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 P
. 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 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 coments 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 February 17, 1994
, 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 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 Commission's Public Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC 20555 and at.the local public
. document room located at F,ru:c Library, State University College of New York, Oswego, NY 13126.
ec r.;c for a hearing or petition for leave to s
intervene is filed by th<
m e, the Commission or an Atomic Safety-and Licensing Board, designatt
,ommission 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 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 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 snould 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 proceed ng, a petitioner shall file a supplement to the l
petition to intervene which must include a list of the contentions which are
f,
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 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 i
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 anendment 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.
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 the hearing is held.
If the final determination is that the amendment request involves no
.i signi4icant hazards consideration, the Commission may issue the amendment and
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, 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
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the issuance of any amendment.
A request fo.r 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 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 Robert A. Capra:
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 Charles M. Pratt, Power Authority of the State of New York,1633 Broadway, New York,_ NY 10019, 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 and/or
I 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 December 22, 1993, which is available for public inspection at the Commission's Public Document Room, t;1e Gelman Building, 2120 L Street, NW., Washington, DC 20555 and at the local public document room located at Penfield Library, State University College of New York, Oswego, NY 13126.
Dated at Rockville, Maryland, this loth day of January 1994.
FOR THE NUCLEAR REGULATORY COMMISSION AM b
- t/
Brian C. McCabe, Senior Project Manager Project Directorate I-1 Division of Reactor Projects - I/II Office of Nuclear Reactor Regulation 1
-l I
January 10, 1994 Docket No. 50-333 DISTRIBUTION:
Docket File NRC & Local PDRs PDI-1 Reading SVarga Mr. Ralph E. Beedle JCalvo RACapra Executive Vice President, Nuclear CVogan BMcCabe Generation 0GC DHagan, MNBB 3206 Power Authority of the State of ACRS (10)
OPA New York OC/LFDCB CCowgill, RGN-1 123 Main Street White Plains, New York 10601
Dear Mr. Beedle:
SUBJECT:
NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY
^
OPERATING LICENSE, PROPOSED N0 SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION, AND OPPORTUNITY FOR HEARING, JAMES A. FITZPATRICK NUCLEAR POWER PLANT (TAC NO. M88459)
The Commission has requested the Office of the Federal Register to publish the enclosed " Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for Hearing." This notice relates to your application for amendment dated December 22, 1993, that would add Limiting Conditions for Operation and Surveillance Requirements to Table 3.12.1, " Water Spray / Sprinkler Protected Areas," and 4.12.1, " Water Spray / Sprinkler System lests" and clarify the associateu Behis tb reflect the installation of a new
~
full area fire suppression system in the east and west cable tunnels.
The-proposed amendment would also correct other portions of Tables 3.12.1 and
+
4.12.l for consistency with changes made to reflect the east and west cable tunnel modification.
Sincerely, Original signed by:
Brian C. McCabe, Senior Project Manager Project Directorate I-1 Division of Reactor Projects - I/II Office of Nuclear Reactor Regulation
Enclosure:
Notice of Consideration of Issuance of Amendment cc w/ enclosure:
See next page 4
l OFFICE PDI-1:LA,d.
PDI-1:PMArA PDI-1:D NAME CVogan BMcCabe RACapra #
j DATE j /40/94
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OFFICIAL RECORD COPY FILENAME: G:\\FITZ\\ FIT 88459.IND r