ML20079D996

Notice of Consideration of Issuance of Amend to License NPF-3 & Proposed NSHC Determination & Opportunity for Hearing.Proposed Amend to Change TS 5.3.1, Fuel Assemblies

ML20079D996
Person / Time
Site:	Davis Besse
Issue date:	08/20/1991
From:	Samworth R Office of Nuclear Reactor Regulation
To:
Shared Package
ML20079D992	List: ML20079D996
References
NUDOCS 9110040272
Download: ML20079D996 (8)

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7590-01 UNITED STATES NUCLEAR REGULATORY COMM15$10H TOLED0 EDISON COMPANY ET AL.

DOCKET NO. 50 34_6,6 NOTICE Or_ CONSIDERATION _OF 1SSUANCE OF AMENDMENT TO FACILITY OPERATING !! CENSE. PROPOSED NO SIGNIFICANT HA7ARDS C0kS10 ERAT 10N DETERMINATION AND OPPORTUNITY FOR HEAo1NG The U. S. Nuclear Regulatory Consnission (the Cosnission) is 1

considering issuance of an amendment to Facility Opersting License No, dPF 3, issued to Toledo Edison Company, Centerior Service Company, and Cleveland Electric 111ptir.ating Company, for operation of the Davis-Besse Nuclear Fower Station, l' 's No.1, located in Ottawa County, Ohio.

The r ised amendment would change Technical Specification 5.3.1, "Fue

senblies " to allow limit (d substitution of stainless steel filler rods for fuel rods. The proposed amendrent wcs initially noticedit,therederalgegisteronJune26,19El(56FR29282).

It is be.ing renoticed because of 6 reduction i scope of the original

request, before issuance of the proposed license amendent, the Consnission alli have made findings required by the Atomic Energy Act of 1954, as amended (theAct),andtheCossission'sregulations.

The Commission has made a proposed deterinination that the amendment.

_ request involves no significant hazards consideration. Under the l

i Consnission's regulations in 10 CFR 50.92, this means that operation of t

the facility in accordance with the proposed amendment would not (1) involve a sigt.ificant increase in the probability or consequences of an 9110040272 910920 PDR ADOCK 05000346 P

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accident previously evaluatedt 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. The basis for this proposed determination is provided below.

The proposed change would not involve a significant increase in the probability or consequences of an accident previously evaluated i

because approved methodologies will be used to deterinine cort performance and accident response. The proposed change would not create the possibility of a new or different kind of accident from any previously evaluated accident becsuse fuel performance parametars are not being changed, and because Technical Specifications concerning the nuclear heat flux hot chehnel factor, the r.uclear enthalpy rise hot channel factor, the cuadrent power tilt, and the departure from nucleate boiling parameters are not being changed.

Finally, the proposed change would not involve a significant reduction in a margin 3

of safety, because substitution with stainless steel filler rods will be bounded by cycle specific reload analysis using approved methodologi s.

Therefore, based on the above considerations, the Coasnission has made a proposed determination that the amendment request involves no significant horards consideration.

l The Cossnission is seeking public consnents on this proposed deter-i l

'mination. Any comments received within 30 days after the date of publi-ration of this notice will be considered in making any final datermination.

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3 The Consission will not normally make a final determination unless it receives a request for a hearing.

Written corrents may be submitted by mail to the Regulatory Publi-cations 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 concents may also be delivered to Rooin p.223, Phillips Building, 7920 Norfolk Avenue, Bethesda, Mary'and, from 7:30 3 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 St reet, N.W., Washington,D.C. 20555.

The filing of requests for hearing and petitions for leave to irtervene is discussed below.

By October 25, 1991, the licensee may file a request for a hearing with respect to issuance of the amendment to the sub,iect 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 fo,' leave to intervene. Requests for a hearing and petitions for leave to intervene shall be filed in accordance with the Conmission'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 University of Toledo Library, Documents Department, 2801 r

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Bancrof t Avenue. Toledo, Ohio 43606.

If a request for a hearing or petition for leave to intervene is filed by the above date, the Com-mission or an Atomic Safety and Licensing Board, designated by the Comission or by the Chairsan of the Atomic Safety and Licensing Board Panel, will rule on the request and/or petition and the Secretary or I

the designated Atomic Safety ard Licensing Board will issue a notice of hearing or an appropriate order.

As required by 10 CFR 62.714, a petition for leave-to intervene

-shall set forth with particularity the interest uf 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 proceedingt (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) cithe 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 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.

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s' 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 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 i

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 inforaation to shw that a genuine dispute exists with the applicant on a material issue cf law or fact. Contentions shall be limited to matters within the scope of the asendment 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 requiranents with respect to at 14ast one contention will not be persitted 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, and have the opportunity to participate fully in the conduct of the hearing, including the opportunity to present evidence and cross-examine witnesses.

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6-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 avendnent request involves no significant hazards consideration, the Comission may issue the amendment and make it effective, notwithstanding the request for a hearing. Any hearing held would take place af ter 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 amendrent.

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 exa@le, in derating or shutdown of the facility, the Commission may issue the 11cer.se atendment 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.

Thould the Comission take this action, it will publish a notice of

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

The Comission expects that the need to take this action will occur very infreque.ntly.

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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. Nuclear Regulatory Comission, 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. 20555, by the above date. Where petitions are filed during the last ten (10) days of the notice period, it is requested that tht petitioner promptly so inform the Commission by a toll-f ree telephone call to Western Union at 1(800)325-6000(inMissouri1(B00)342-6700). The Western Union operator should be given Datagram Identification Number 3737 and the following message addressed to John H. Hannon:

petitioner's name and telephone nureber; date petition was mailed; plant name; and publicatien date and page number of this FEDEr.AL REGISTER notice. A copy of the petition should also be sent to the Office of the General Counsel, U.S.

Nuclear Regulatory Comission, Washingtori, D.C. 205S5, and to Gerald Charnof f, Esquire, Stiaw, 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, amene.J 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 May 31,1991 supplemented *.ugust 29, 1991, which

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15 available for public inspection at the Conaission's Public Document Room, the Gelman Building, 2120 L Street, N.W. Washington, D.C.

20555, and at the University of Toledo Library, Documents Department, 2801 Bancroft Avenue, Toledo, Ohio 43606.

Dated at Rockville, Maryland, this 20th day of September 1991.

FOR THE NUCLEAR REGULATORY COMMISSION

/ss.4A Robert B. Samworth, Acting Director Project Directorate 111-3 Division of Reactor Projects Ill/IV/V Office of Nuclear Reactor Regulation i

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