ML20079H439

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Notice of Consideration of Issuance of Amend to License NPF-38 & Proposed NSHC Determination & Opportunity for Hearing.Amend Revises Tech Spec to Allow One Time Change to Not Adjust Emergency Diesel Generator Testing
ML20079H439
Person / Time
Site: Waterford 
Issue date: 09/25/1991
From: Wigginton D
Office of Nuclear Reactor Regulation
To:
Shared Package
ML20079H446 List:
References
NUDOCS 9110110103
Download: ML20079H439 (8)


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UNITED STATES NUCLEAR REGULATORY COMM'C."0N ENTERGY OPERATIONS, INC.-

DOCKET NO. 50-382 NOTICE OF-CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE, PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION, AND OPPORTUNITY FOR HEARING The U.S. Nuclear Regulatory Commission (the Commission) is considering issuance of an amendment to Facility Operating License No. NPF-38, issued to Entergy Operation, Inc. (the licensee), for operation of the Waterford Steam Electric Station, Unit No. 3, located in St. Charles Parish, Louisiana.

4 The proposed amer.iment would modify the technical specifications to allow a one time. change to the requiroments for adjusting the frequency of emergency diesel generator (EDG) starts.

The change would allow the valid failure nn I

i August 20, 1991, not to be counted for the frequency determination.

The failure on August 20, 1991, has been corrected and the failure mechanism. emoved, however, this failure and another unrelated failure in i

April 1991, places the emergency diesel generator on an acceleraced start i

frequency of one each week.for fourteen additional starts.

The technical specifications requirements are to assure reliable diesels, however, the problem has been removed and the additional starts would not further the

-intent of the technical specifications by improving reliability.

The issuance-of the' amendment would: return the frequency to once every 31 days and limit y

the unnecessary starts.and wear on the diesel.

l 9110110103 910925 PDR -ADOCK 05000302 y

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~2-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.

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 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 ir. 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:

Previously analyzed eccidents that are potentially affected by this change are those that postulate a loss of offsite power to occur coincidentally with the accident (e.g., a loss of coolant accident with a loss of effsite power).

To significantly increase the probability or consequence of such an accident, this change would have to negatively impact the reliability or performance of the EDGs.

As indicated in the discussion above, accelerating the test schedule for the "A" Train EDG following the August 20, 1991, failure does not represent an enhancement of reliability, However.

-excessive testing may harm the hardware adversely affecting reliability and performance.

Since this change represents a reduction in the number of challenges to the system, if anything, there will be an increase in reliability of the EDG and potential improvement in performance.

lf. Based on the above information, this addition to Table 4.8-1 will not adversely affeet the reliability or performance of the EDGs.

Consequently, operation of Waterford 3 in accordance with the proposed changes does not involve a significant increase in the probability or consequences of any accident previously evaluated.

To create a new or different kind of accident, these changes must introduce a new failure path.

This change addresses an isolated incident.

Although a hardware change is being made to the EDGs, it represents the removal of a failure path rather than the introduction of one.

Operation of the EDGs (and the rest of the plant) will remain unaltered.

Consequently, a new failure path cannot exist as a result of the proposed amendment and the current plant safety analyses remain complete and accurate in addressing licensing basis events and analyzing plant response.

Therefore, the proposed amendment vannot create the possibility of a new and different kind of accident than previously evaluated.

This change does not alter the operation of any equipment installed at Waterford 3.

Therefore, existing margins of safety are retained, and the operation of Waterford 3 fn ectordance with this proposed change will not involve a significant reduction in a 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.

.. i The Commission is seeking public comments on this proposed determination.

Any comments received within fif teen (15) days af ter 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 comments may be submitted by mail to the Regulatory rublications Branch, Division of Freedom of Information and Publications Services, Office of Administration, U.S. Nuclear Regulatory Commission, 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 P-223, Phillips 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, NW., Washington, DC 20555.

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

By October 3,1991

, 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 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

4 Gelman Bu.1 ding, 2320 L Street, NW., Washington, DC 20555 and at the local public document room located at the Universit) of New Orleans Library, Louisiana Collect'on Lakefront, New Orleana, Louisiana 70122.

If a request for a hearing or petition for leave to intervene is filed by the above date, the Commission or el. Atomic Safety and (icensing Coard, designated by the Commission or tS 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 intervens shall set forth with particularity the interest of the petitioner in the proceeding, and how that interett may be affected by the results of the proceeding.

The petition should specifically explain the reasons why intervention should be pemitted with particular reference to the following f actors:

(1) the nature of the petitioner's tight under the Act to be made a party to the proceedin;;

(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 petitions-sishes to intervene.

Any person who has filed a petition for leave to intl. e ne or who has been admitted as a party may amend the petition without requesting leave of the Board up to fittran (15) days prior to th$ first prehearing conference scheduled in the proceeding, but such an amended petition must satisfy te necificity requirements described above, i

6-i Not later than fifteen (15) days prior to the first prehearing confurence scheduled in the proceeding, a petitioner shall file a supplement to the petitio" 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 t I 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 i

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 contentisa must be one which, if proven, would entitle tha petitioner to relief.

A petitioner who fails to file such a supplement which satisfies thess requirements with respect to at least one contention will not be permitted to parti ipate as a party.

c 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 ano cross-examine witnesses.

l If the amendment is issued before the expir6 tion of 30-days, the Commission will make a final determination on the issue of no significant hazards consideration.

If a hearing is requesteo, the final determination will serve to decide when the hearing is held.

3 7

2 If the final determination is that the amendment request involves no significant hazards consideration, the Commission may issue the amendment and make it immediately 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 amendment.

Normally, the Commission will not issue the amendment until the expiration of the 15-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 the facility, the Commission may issue the license amend 6ent before tre expiration of the 15-day notice period, provided that its final determir.ation 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 Commission expects that the need to take this action will occur very inf requently.

A request for a hearing or a petition for leave to intervene must be filed with the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555, Attention:

Docketing and Services Branch, or may be delivered to the Commission's Public Document Room, the Gelman Building, 2120 L Street, N.W., Washington, DC 20555, by the above date.

Where petitions are filed during the last ten (10) cays of the noti e 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

t e

g,

i Union operator should be given Datag am Identification Number 3737 and the following message addressed to Theodore R. Quay petitioner's name and telephone number; date petition was mailed; plant name; and publication date and 2

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 N L. Reynolds. Esq., Winston & Strawn, 1400 L Street N.W., Washingt % 0.C.

20005-3502, attorney for the licensee.

Nontimely filings of petitions for leave to intervene, amended petitions, supplemental petitions and/or requests for hearing will not *>e entertained absent a-determination by the Commission, the presiding officer or the presiding Atomic i

Safety and Licensing Board that the petition and/or request should be granted based upon a balancing of the factors specifieo 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 September 25, 1991, 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 the University of New Orleans Library, Louisiana Collection, Lakefront.New l

-Orleans, Louisfana 70122.

l Dated at Rockville, Maryland, this 25th day of September,1991.

I L

FOR THE NUCLEAR REGULATORY COMMISSION i

David L.

nton, Sr. Project Manager Project Directorate IV-1 Division of Reactor Projects III. IV, and V Office of Nuc1 car Reactor Regulation

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