ML20065N377
| ML20065N377 | |
| Person / Time | |
|---|---|
| Site: | Brunswick  |
| Issue date: | 04/20/1994 |
| From: | Milano P Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML20065N380 | List: |
| References | |
| NUDOCS 9404270135 | |
| Download: ML20065N377 (8) | |
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UNITED STATES NUCLEAR REGULATORY COMMISSION CAROLINA POWER & LIGHT COMPANY BRUNSWICK STEAM ELECTRIC PLANT. UNITS 1 & 2 DOCKET NOS. 50-325 AND 50-32(
NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE. PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION. AND OPPORTUNITY FOR A HEARING i
The U.S. Nuclear Regulatory Comission (the Commission) is considering i
issuance of amendments to Facility Operating License Nos. OPR-71 and DPR-62 issued to Carolina Power & Light Company (the licensee) for operation of the Brunswick Steam Electric Plant, Units 1 and 2, located in Brunswick County, '
The proposed amendment would relocate the instrument response time tables 3.3.1-2, Reactor Protection System (RPS) Response Times; 3.3.2-3 Isolation System Instrumentation (ISI) Response Time;.and 3.3.3-3, Emergency Core Cooling System (ECCS) Response Times, from the Technical Specifications to the Updated Final Safety Analysis Report (FSAR). The RPS, ISI, and ECCS instrument Limiting Conditions for Operation (LCO) will be revised to read that the instruments "shall be operable" without a reference to a specific response time table in these LCOs. The references to the response time tables will also be ' deleted from the Surveillance Requirements.
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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. The Comission 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:
1.
The proposed amendment does not involve a significant increase in the probability or consequences of an accident previously evaluated.
Relocating the instrument response time tables to the Updated FSAR is an administrative change which in no way affects the design or operation of equipment that could initiate or mitigate any accident previously evaluated.
2.
The proposed amendment would not create the possibility of a new or different kind of accident from any accident previously evaluated.
This amendment is involves [ sic] administrative 1y relocating the response time testing to the Updated FSAR. The amendment would not affect the operation or design of the plant equipment; therefore, no new credible accidents are created.
In addition, the proposed amendment would not affect the capability of the response systems to mitigate the consequences of any accident previously evaluated; therefore, no new or different accident would result from this change.
3.
The proposed amendment does not involve a significant reduction in a margin of safety. The amendment would allow increases to administrative 1y control changes to response time limits for the involved instrumentation under the provisions of 10 CFR 50.59 and existing Section 6 Administrative Technical Specifications.
No safety limits are affected by this change.
Therefore, the amendment would not result in a reduction in any 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 involves no significant hazards consideration.
The Comission is seeking public coments 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 expiration of the 30-day notice period. However, should circumstances change I
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 determhation is that the amendment involves no significant hazards consideration.
The final determination will consider l
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 comments may also be delivered to Room 6/0/22, Two White Flint North, 11555 Rockville Pike, Rockville, Maryland from
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. 7:30 a.m. to 4:15 p.m. Federal workdays.
Copies of written comments 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 May 26, 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 Commission'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 the University of North Carolina at Wilmington, William Hadison Randall Library, 601 S. College Road, Wilmington, North Carolina 28403-3297.
If a request for a hearing or petition for leave to intervene is flied by the above date, the Commission or an Atomic Safety and Licensing Board, designated by the Commissua o< Dy 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 i
0 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 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 exoert 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 aware and on which the petitioner intends to rely to establish those facts or expert opinion.
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. 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.
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
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opportunity to present evidence and cross-examine witnesses.
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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 imediately effective, notwithstanding the request for a hearing. Any hearing held would take place after issuance of the amendment.
If he 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 ' agi.ast for a hearing or a petition for leave to intervene must be file; 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
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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 Mr. William H. Bateman, Director, Project Directorate II-1: 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 Mr. Mark S. Calvert, Se-ior Counsel, Brunswick i Steam Electric Plant, Post Office Box 10429, Southport, NC 28461, 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 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 April 14l 1994, which is available for public inspection 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
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. the University of North Carolina at Wilmington, William Madison Randall Library, 601 S. College Road, Wilmington, North Carolina 28403-3297.
Dated at Rockville, Maryland, this 20th day of April,1994.
FOR THE NUCLEAR REGULATORY COMMISSION Patrick D. Milano, Sr. Project Manager Project Directorate 11-1 Division of Reactor Projects - I/II Office of Nuclear Reactor Regulation l
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