ML20077G516
| ML20077G516 | |
| Person / Time | |
|---|---|
| Site: | Peach Bottom  |
| Issue date: | 06/19/1991 |
| From: | Milano P Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML20077G518 | List: |
| References | |
| NUDOCS 9107010121 | |
| Download: ML20077G516 (8) | |
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Uhl1ED STATES NUCLEAR REGULATORY COMMISSION PHIL ADELPH1,A, EL E,CT,RJ,C,,Cpf,PApY DOCKET NO. 50-278 NOTICE OF__Cpp,$Jpff A,TJpp,0[,J,S,SpAFCE,pf,,AMEppMEpT,,Tp FACIL11Y OFEPATING LICENSE,, PROPOSED NO SIGNIF] CANT HAZARDS CON S I DE R A,T,jpp pE,T E Riij p,A,Tj pp,, App, p,P Pp,R,TpHj,Ty, Fpp, p t ARJPG The U.S. Nuclear Fegulatory Concission (the Commission) is considering issuance of an amendn.ent to f acility Operating License No. OPR-$6, issued to Philadelphia Electric Company (the licensee), for operation of the Peach Bottom Atomic Power Station, Unit 3 located in Delta, York County, Pennsylvania.
The aroendnent would change Sections 3.3.B.1 and 4.3.B.1 of the Peach Ectton Unit 3 Technical Specifications to allow operation with control rod 38-E3 not coupled to its drive for the remainder of cycle 8, which is to t completed bef ore October 30, 1991. During the repositioning of this rod, which is presently fully inserted and electrically disarmed, it would modify the surveillance requirements to require rod position verification by use of neutron instrumentation.
The amendment is being proposed on an exigent basis in accordance with 10CFRS0.91(a)(6).
The exigent circumstances are that the unit is presently restricted in power by approximately 4 percent of the electrical output due to restrictions associated with operation with control rod No. 38-23 being declared inoperable. This unit derating results in the need for replacement l
power during the surper months when electrical demand is at its highest.
9 During May 1991, the Pennsylvania-New Jersey-Maryland 9107010121 910619 ADOCKOSOOOga DR
9 2-Interconnection (p0M) electrical grid was placed in a maxirnum emergency gererating situation on two consecutive days because of high regional temperatures. The potential for this emergency electrical generating situation to occur again during the remainder of the units' operating cycle is considered to be high. Therefore, the ability to return the unit to full ger tratir g cetacity would provide additional assurance of power production aveilat111ty on the pJM grid.
Before issuance of the prcrosed license arnendment, the Commission will have n.ade findings required by the Atonic Energy Act of 1954, as amended (the Act) and the Connission's regulations.
The Comission has made a proposed determination that the amendnent request invoh es no significant ha:ards consideration.
Under the Commission's regulations in 10 CFR 50.92, this means that operation of the f acility in accordance with the proposed arnendment would not (1) involve a significant inctease in the probability cr 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:
a.
The proposed amendnent does not involve a significant increase in the probability or consequences of an accident previously evaluated.
This an<endment ircorporates compensatory actions in the Technical Specifications to assure that even with an uncoupled rod the rod position is known, tht no other uncoupled rods are withdrawn, and that scram performance remains intact.
b.
The proposed amendment does not create the possibility of a new or different kind of accident from any previously evaluated.
The compensatory measures inchded in the Technical Specification changes assure that no new or different kind of accident is possible.
The proposed amende,ent does not involve a significant reduction in c.
the margin of safety as the limiting event is the [ control rod drop accident]CRDAandallfuellimitsstipulatedinthatanalysiswill be met when the conpensatory measures included in Technical Specification changes ace implettented.
The f3C staff has reviewed the licensee's analysis and, based on this review, it appears that the three standards of SD.92(c) are satisfied.
Accordingly, the Comission proposes to determine that this change does not involve a significant hazards consideration.
The Commission is seeking public cornents on this proposed determination.
Any cotments received within fif teen (15) days after the date of publication of this notice will be considered in making any final determination. The Commission will not normally make a final determination unless it receives a request for a hearing.
Written cornents may be submitted by mail to the Regulatory Publications Branch, Division of Freedom of Information and Publications Services, Office of Administration, U. S. NJclear Regulatory Comission, Washington, DC. 20555, and should cite the publication date and page number of this FLDERAL REGISTER notice. Written comments may also be delivered to Room P-223, Phillips Building, 7920 t;orfolk Avenue, Bethesda, tiaryland, from 7:30 a.m. to 4: 15 p.m.
Copies of written connents 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 July 25, 1991
, the licensee may file a request for a hearing with respect to issuance of thf. 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 hearing and a petition for leave to intervene.
Requests for a hearing and petitions for leave to intervene shall he filed in accordance
4 with the Commission's " Rules of Practice for Donestic Licensing Proceedings" in 10 CFR Part 2.
Interested persons should consult a current copy of 10 CFR 2.714 which is available et the Cornission's Public Document Room, the Celman Building, 2120 L Street,f4W., Washington, DC.
20555 and at the Local Public Document Room located at Government Publications Section, State Library of Pennsylvania, (REG 10ftAL DEPOSITORY) Education Building, Walnut Street and Comonwealth Avenue, Box 1601, Harrisburg, Pennsylvania 17105.
If a request for a hearing or petition for leave to intervene is filed by the above date, the Com.ission or an Atomic Safety and Licensing Board, designated by the Concission 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 2.71a, 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 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 amend the petition l
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. i 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.
Not later than fif teen (15) days prior to the first prehearing conference scheduled in the proceeding, a petitioner shall file a supplement to the petition to intcrvene which must include a list of the contentions which are sought to be litigated in the matter.
Each contention must consist of a specific staten.ent 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 statenent of the alleged facts or expert opinion which support the contention and on which the petitinner intends to rely in proving the contention at the hearing.
The petitioner must also provide references to those specific sources and docurents 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.
Those permitted to intervene become parties to the proceeding, subject to any limitations in the order granting leave to intervene, and hav? the opportunity to participate fully in the conduct of the hearing, including the cpportunity
, present evidence and cross-examine witnesses.
l l.
l 1 If the amendment is issued before the expiration of 30-days, the Conrission will make a final deterniination on the issue of no significant hazards consideration.
If a hearing is requested, the final determination will serve to decide when the hearing is held, if the final deterraination is that the antendnent request involves no significant hazards consideration, the Commission may issue the amendment and
- n. ale it effective, notwithstanding the request for a hearing.
Any hearing held wc'uld take place af ter issuance of the anendrrent.
If the final determination is that the amendment requ(st involves a significant hazards consideration, any Ieering held would take place before the issuance of any arendment, florn, ally, the Cornission will not issue the amendntent until the expiration of the 15-day notice period.
However, should circurstances change during the notice period, such that f ailure to act in a tirnely way would result, for erarple, in derating or shutdown of the facility, the Conmission may issue the license anendtent before the espiration of the 15-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 comments received.
Should the Commission take this action, it will publish in the FEDERAL REGISTER a notice of issuance.
The Conmission e>pects that the need to take this action will occur very infrequently.
A request for a hearing or a petition for leave to intervene must be filed with the Secretary of the Comnission, U.S. Nuclear Regulatory Commission, Washington, DC. 20555, Attention:
Docketing and Services Branch, or may be delivered to the Commission's Public Docun,ent Room, the Gelman Building, 2120 L Street, ti.W., Washington, DC. 20555, by the above date. Where petitions are filed
7-during the last ten (10) days of the notice pericd, it is requested that the l
petitior+r pronptly so inform the Conrission by a toll-free telephone call to vestern L'nion at 1-(800) 325-6000 (in fMssouri 1-(800)342-6700). The Western t'nico operator stculd be given Datagrani Identification tiuniber 3737 and the following riessage addressed to Walter R. Cutler:
petitioner's nare and telepher:e nun.ber; date petition was niailed; plant nane; and publication date and page nuniber of this FEDERAL REG 1 STEP notice. A copy of the petition should also be sent to the Office of the General Counsel, U.S. fiuclear Regulatory Cormission, Washington, DC. 205EE, and to J. W. Durham, Sr., Esquire, Sr. V.P. and General Counsel, philadelphia Electric Conpany, 2301 Parket Street, S26-1, Philadelphia, pennsylvania 19101, attorney for the licensee.
flontin>ely filings of petitions for have to intervene, aniended petitions, supplenental petitions ar>d/or requests for hearing will not be entertained absent a determination by the Connission, the presiding officer or the presiding Atornic Safety and Licensing Board that the petition and/or request should be granted tased upon a balancing of the f actors specified in 10 CFR 2.714(a)(1)(i)-(v) and2.714(d).-
For further details with respect to this action, see the application for an,endnient dated June 14, 1991, which is available for public inspection at the Conriission's Public Document Room, the Gelman Building, 2120 L Street, t!W.,
Washington, DC.
20555, and at the local Public Document Room, Government v
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Publications Section, State Library of Pennsylvania, (REGIONAL DEPOSITORY)
Education Evilding, Walnut Street and Corir,onwealth Avenue, Box 1001, Harrisburg, Pennsylvania 17105.
Dated at Rockville, Paryler.d, this 19th day of June 1991, FOR THE NUCLEAR REGULATORY COMMISSION
).b Patrick D. Milano, Project Manager Project Directorate 1 2 Division of Reactor Projects - 1/11 Office of Nuclear Reactor Regulation
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