ML20064B361
| ML20064B361 | |
| Person / Time | |
|---|---|
| Site: | Callaway |
| Issue date: | 10/09/1990 |
| From: | Hannon J Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML20064B362 | List: |
| References | |
| NUDOCS 9010160251 | |
| Download: ML20064B361 (8) | |
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UNITED STATES NUCLEAR REGULATORY COW 41$5I0N UNION ELECTRIC COMPANY-
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DOCKET N0. 50-483 NOTICE OF CONSIDERATION 0F !$$UANCE OF AMENDMENT T0 i
FACILITY OPERATING LICENSE AND PROPOSED N0 $1GNIFICANT HAZARDS i
CONSIDERATION DETERMINATION AND OPPORTUNITY FOR HEARING l
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The U.S. Nuclear Regulatory Comission (the Comission) is considering i
issuance of an amendment to Facility Operating License No.~NFF-30, issued to theUnionElectricCompany(thelicensee),foroperationoftheCallaway l
Plant located in Callaway County, Missouri.
The amendment would revise Technical Specification 3/4.7.1.7 to allow an exception to Technical Specification 4.0.4.
The proposed amendment would allow sufficient plant conditions to be established for steam generator I
atmospheric steam dump valve surveillance after entry into a mode (Mode 3)
- ,i for which the surveillance requirements apply, i
The proposed amendment is required prior to entry into Mode 3 at the i
l conclusion of the current refueling outage. Mode 3 is currently scheduled-j 1
to be entered on November 4, 1990.
j Before issuance of the proposed license amendment, the Commission will have made findings required by:the Atomic Energy Act of 1954, as amended-i (the Act) and the Comission's regulations.
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9010160251 901009 PDR ADOCK 05000403; I
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The Commission has made a proposed determination that the amendment request involves no significant hazards consideration.- Under the Commis-sion's regulations in 10 CFR 50.g2, this means that operation of the facility i
inaccordancewiththeproposedamendmentwouldnot(1)involveasignificant increase in the probability or consequences of an accident previously evalu-l stedt or (2) create the possibility of a new or different kind of accident i
i from any accident previously evaluated; or (3) involve a significant-reduc-tion in a margin of safety.
The licensee has provided an evaluation indicating that the proposed change does not involve a significant hazards consideration under the Commis-sion's regulations in 10 CFR 50.92 as follows:
1 The proposed change does not involve a-significant hazards consideration because operation of Callaway plant with this change would not:
1.
Involve a significant increase in the probability or consequences of an accident previously evaluated.
The change allows the surveillancesfortheASD[AtmosphericSteamDump]valvestobe performed at conditions similar to those in which the valves would l
berequiredtofunctionintheeventofaSGTR-[SteamGenerator.
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TubeRupture). Since no design' change is being made the proba-bility of an accident previously evaluated has not increased. The testing of valves at conditions similar to those anticipated when the valves are required to. function provides assurance that the consequences of an accident and probability or consequences of a malfunction are not increased over those evaluated in the FSAR [ Final Safety Analysis Report).-
2.
Create the possibility of a new or different kind of a'ccident from any previously evaluated. This is based on the fact that no design changes are involved. The change provides assurance that-t the ASD valves will perform as designed.
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Involve a significant reduction in a margin of safety. This change provides assurance-that the ASD valves will perform as designed to mitigate the consequences of a postulated SGTR event. The margin of safety is not reduced.
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.. Accordingly, the Commission proposes to determine that this change does not involve a significant hazards consideration.
The Comission is seeking public comments on this proposed deter-mination. Any coments received within fifteen (15) days after the date of publication of this notice will be considered in making any final determination. The Comission will not normally'make a final determina-tion 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 t
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 October 31, 1990
, the licensee may file a request for a hearing with respect to issuance of the amendment to the sub. ject 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 hearing'and a petition for leave to intervene. Requests for a hearing and petitions for leave to 4
s T-4 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 et the Commission's Public Document Room, the Gelman Building, 2120 L-Street, N.W., Washington, D.C. 20555 and at-the Local Public Document Room located at the Callaway County Public Library, 710 Court Street.-
Fulton, Missouri, 65251. If a request for a hearing or petition for leave to intervene is filed by the above date, the Comnission'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 f
on the request.and/or petition; andithe 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 in4 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)thenatureofthepetitioner.'srightunder-the-Acttobemadeapartytotheproceeding;-(2)thenatureandextentof.-
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 wishec to intervene. Any person who~ has filed a petition for leave to intervene or who has been admitted as a party may
'y 5-amend the petition without requesting leave of the' Board up to fifteen (15) days prior to the first pre-hearing conference scheduled in the proceeding, but such an amended petition must satisfy the specificity requirements described.above.
Notlaterthanfifteen(15)dayspriortothe-firstprehearing conference scheduled in the proceeding, a petitioner shall file a supplement to the petition to intervene, which must include a list of the. contentions that are sought to be_ litigated in'the matter. Each i
contention must consist of a specific. statement of the issue of law or l
fact to'be raised or controverted.
In addition, the-petitioner-shall provide a brief explanation of the bases of the contention and a i
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 1
is aware and on which the petitioner intends to rely: to establis'h tho'se 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-4 one which, if proven, would entitle the petitioner.to relief; A petitioner who fails to file such a supplement.which satisfies these-1 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, 1
I subject'toanylimitationsintheordergrantingleave:tointervene, and have the opportunity to participate fully.in the conduct of the hearing, including the opportunity to present evidence and cross-examine witnesses.
If the amendment is issued before the expiration of 30-days, the Connission will make a final determination on the issue of no'significant I
hazards considerations.
If a' hearing is requested, the final determination will serve to decide when the hearinguis held.
If the final determination is-that the amendment request involves a>
no significant hazards consideration, the Connission may issue the amendment and make it 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' J
significant hazards consideration, any hearing held would-take. place before the issuance of any amendment.
Normally, the Connission will not issue the amendment until the expiration of the 15-day notice period. However, should circumstances i
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 1
1 the 15-day notice period, provided.that its final determination is that the amendment involves no significant hazards considerations. The final determination will consider all public and State comments received.
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I Should the Comission take this action,!1t will publish in the FEDERAL REGISTER a notice of issuance. The Comission expects that the need to take this action will occur very infrequently.
A request for'a hearing or a petition for leave to intervene must-i be filed with the Secretary of the Comission, U.S. Nuclear. Regulatory Comission, Washington, D.C.
20555,-Attention: Docketing and Service Branch, or may be delivered to the Commission's Public Document Room, the Gelman Building, 2120 L Street, N.W., Washington, D.C., by_the-above date. Where 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)..The Western Union operator should be given Datagram Identification Number 3737 and the l
following message addressed to John N. Hannon: petitioner's name and l
telephone number; date petition was. mailed; plant name; and publication i
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.
I Nuclear Regulatory Comission, Washington, D.C.. 20555, and to Gerald Charnoff, Esq. and Thomas A. Baxter, Esq., Shaw, Pittman, Potts and Trowbridge, 2300 N Street, N.W., Washington, D.C..-20037, attorney for the licensee.
Nontimely filings of petitions for leave to intervene,'amehded petitions, supplemental petitions and/or requests for hearing will not 1
l be entertained absent a determination.by the Comission,.the presiding officer or the presiding Atomic Safety and Licensing Board that the 3
petition and/or request should be granted based upon a balancing of the s
factorsspecifiedin10CFR2.714(a)(1)(1)-(v)and2.714(d).
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p For further details with respect to this-action, see the application for amendment dated September 26;1990, which is available for public inspection at the Commission's Public Document Room, the Gelman Building,
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2120 L Street, N.W., Washington, D. C.- 20555, and at the Local Public
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Document Room, the.Callaway County' Public Library, 710 Court St., Fulton, l-Missouri, 65251.
Dated at Rockville, Maryland, this.9th day of October 1990.
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FOR THE NUCLEAR REGULATORY COMMISSION 77
&=g ohn N..Hannon, Director-Project Directorate III-3 Division'of Reactor Projects --III, IV, V'and Special Projects Office of Nuclear Reactor Regulation 6
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