ML20065T868

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Notice of Consideration of Issuance of Amend to License DPR-20 & Proposed NSHC Determination & Opportunity for Hearing.Amend Revises Tech Spec 3.17 & Updates Tables 3.17.1,3.17.4 & 3.25.1
ML20065T868
Person / Time
Site: Palisades 
Issue date: 12/17/1990
From: Marsh L
Office of Nuclear Reactor Regulation
To:
Shared Package
ML20065T870 List:
References
NUDOCS 9012310187
Download: ML20065T868 (9)


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l 7590 01 UNITED STATES NUCLEAR REGULATORY COMMIS$10N CONSUMERS POWER COMPANY NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO PROVISIONAL OPERATING t! CENSE AND PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION AND OPPORTUNITY FOR HEARING The U. S. Nuclear Regulatory Comission (the Commission) is considering issuance of an amendment to Provisional Operating License No. DPR-20 issued to Consumers Power Company (the licensee), for l

operation of the Palisades Plant, located in Van Buren County, Michigen.

The proposed amendment would allow use of the Regulatory Guide (RG) 1.97 qualified neutron monitoring system which is being installed during the current refueling outage. The changes in the neutron l

monitoring system involve using existing fission chambers, installing l

l new cables from the fission chambers through two new electric l

penetrations to preamplifiers (previously located inside, but now locatedoutsidecontainment),andinstallingnewcablesfromthe preamplifiers to power sources in the Control Room. The new system is qualified to the criteria of RG 1.97, whereas the previously existing system was not. Additionally, a change is proposed to the description of the mechanically fixed absorber rods.

Specifically,TechnicalSpecification(TS)3.17,andTables3.17.1, 3.17.4, 3.25.1, 4.1.1, 4.1.3, and 4.21.1 are updated to reflect the-new RG 1.97 qualified neutron monitoring system installed during this outage. Additionally, TS 5.3.2d is revised to correct the description rf fixed absorber rods in use at the plant.

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Before issuance of the proposed license amendments, 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 amendment request involves no significant hazards consideration.

Under the Comission's regulations in 10 CFR 50.92, this me;ns that oraration of the facility in accordance with the proposed amendment would not (1) involve a significant increase in the probability or consequencesofanaccidentpreviouslyevaluated;or(2)createthe 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 provided an analysis that addressed the above three standards in the amendment application.

1.

The proposed changes would not involve a significant increase in the probability or consequences of an accident previously evaluated because these changes enhance the reliability of the accuracy of the neutron monitoring function under accident conditions and permit use of material other than boron as a neutron absorber in the fixed absorber rods. The Source Ronge and Wide Range neutron monitoring instrument systems perform the same function as existing systems. The new RG 1.97 qualified instrument systems will monitor reactor power more reliably under accident conditions and will provide the operator with more reliable information which may allow actions to be taken that could i

reduce the consequences of an accident previously evaluated.

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The use of material other than boron in the fixed absorber rods will not effect the probability or the consequences of an accident previously evaluated since the fuel reload design, using Bonon or other absorbers in the fixed absorber rods, must meet the same fuel design criteria.

2.

The proposed change would not create the possibility of a new or different kind of accident from any accident previously evaluated because this Technical Specification change only reflects the use of upgraded neutron monitoring equipment and fixed absorber rods which will perform the same function as existing equipment, j

3.

The proposed change would not involve a significant reduction in the margin of safety because the upgraded neutron monitoring equipment identified in this proposed change performs the same function as existing equipment and will be more reliable under accident conditions.

The degree of redundancy of the new equipment remains the same.

l The mechanically fixed absorber rods using material other than boron meet fuel reload design criteria, Absorber materials other than boron perform the same function as boron-within the reload design criteria and the use of absorber materials other than boron does not effect the margin of safety.

Therefore, the margin of safety is not reduced by the new more stringently qualified neutron monitoring system or by using different neutron absorbing material in the fixed absorber rods.

l Since these changes only reflect use of material or equipment which will perform the same functions as existing equipment, they

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. p, do not involve a significant reduction in the margin of safety.

Therefore, based on the above considerations, the Comission has made a proposed determination that the amendment request involves no

-significant hazards consideration.

The Comission is seeking public coments on this proposed determination. Any coments receivcd within 30 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 determination unless it receives a request for a hearing.

F 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 Comission, Washington, D.C.

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, t aillips -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 January 23, 1991, 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 petition for leave to intervene.

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Requests for a hearing and petitions 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, N.W., Washington, D.C. 20555 and at the local public document room located at the Van Zoeren Library, Hope College, Holland, Michigan.

If a request for a hearing or petition for leave to intervene is filed by the above date, the Commission 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 proceelina. 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'srightunderthe Act to be made a 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

6-amend the petition without requesting leave of the Board up to fifteen (15) days prior to the first prehearing conference scheduled in the proceeding, but such an amended petition must satisfy the specificity requirements described above.

Notlaterthanfifteen(15)dayspriortothefirstprehearing 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 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 partici-pate as a party.

Those permitted to intervene become parties to the proceeding, subject to any limitations in the order granting leave to intervene,

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and have the opportunity to participate fully in the conduct of the

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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 significant hazards consideration, the Commission 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 significant hazards consideration, any hearing held would take place before the issuance of any amendment.

Normally, the Commission 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

icility, the, Commission may issue the license amendment before the m iration 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.

L Should the Commissior, take this action, it will publish a notice of l

l issuance and. provide for opportunity for a hearing after issuance.

l The Commission expects that the need to take this action will occur very infrequently.

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A request for a hearing or a petition for leave to intervene must be filed with the Secretary of the Comission, U.S. Nucicar Regulatory Commission, Washington, D.C.

20555, 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 petitions are filed during the last ten (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) 325-6000 (in Missouri 1(800)342-6700). The Western Union operator should be given Datagram Identification Number 3737 and the following message addressed to L. B. Marsh: 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, D.C. 20555, and to Judd L.

Bacon Esq., Consumers power Company, 212 West Michigan Avenue, Jackson, Michigan 49201, 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 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)(1)-(v) and 2.714(d).

For further details with respect to this action, see the application for amendment dated November 2,1990, which is available for public inspection at the Commission's Public Document Room, the

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Gelman Building, 2120 L Street, N.W. Washington, D.C.

20555, and at the Van Zoeren Library, Hope College, Holland. Michigan 49423.

Dated at Rockville, Maryland, this 17th day of December 1990.

FOR THE HUCLEAR REGULATORY COMMISSION L. B. Marsh, Director Project Directorate 111-1 Division of Reactor Projects Ill/IV/V Office of Nuclear Reactor Regulation

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