ML20080C577

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Notice of Consideration of Issuance of Amend to License DPR-76 & Proposed NSHC Determination & Opportunity for Hearing for Change to Tech Spec Table 3.6-1 Re Containment Isolation Valves.Nshc Available in Central Files
ML20080C577
Person / Time
Site: Diablo Canyon Pacific Gas & Electric icon.png
Issue date: 08/11/1983
From: Knighton G
Office of Nuclear Reactor Regulation
To:
Shared Package
ML20080C579 List:
References
NUDOCS 8308260341
Download: ML20080C577 (8)


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7590-01 UtlITED STATES NUCLEAR REGULATORY COMMISSION PACIFIC GAS & ELECTRIC COMPAUY DOCKET NO. 50-275 MOTICE OF CONSIDERATION OF ISSUANCE OF AMEt10MEllT TO FACILITY OPERATING LICENSE A!!D PROPOSED NO SIGNIFICANT tlAZARDS CONSIDERATI0H DETEPJIINATION AND OPPORTUNITY FOR HEARING The U. S. Huclear Regulatory Comission (the Comission) is considering issuance of an amendment to Facility Operating License fio. OPR-76, issued to Pacific Gas & Electric Conpany, (the licensee), for operation of the Diablo Canyon, Unit 1, kuclear Power Plant located in San Luis Obispo, California.

The proposed anendnent would result in certain changes to Table 3.5-1 (Containment Isolation Valves) of the facility Technical Specifications. These changes reflect proposed containnent isolation systen modifications, and entail adding several valves to the table, deleting others, and revising the footnoting in the table in accordance with the licensee's application dated 11ay 2,1983.

Before issuance of the proposed license anendment, the Corxaission will have nade findings required by the Atomic Energy Act of 1954, as ainended (the Act) and the Comission regulations.

The Comission has nade a proposed determination that the amendment request involves no significant hazards consideration. Under the Cornission'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 significanc 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.

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7590-01 1

_2-The Conmission has provided guidance for the applicaticn of the criteria in 10 CFR 50.92 by providing examples of amendments that are considered not likely to involve significant hazards consideration (48 FR 14870). One such exanple is (1) a purley administrative change to technical specifications; l

for example, a change to achieve consistency throughout the Technical Specifications, correction of an error, or change in nomenclature. Another such example is (ii) a change that constitutes an aaditional limitation, restriction, or control not presently included in the technical specifications; i

for exarple, a core stringent surveillance requirement.

The Licensee is installing a Post-Accident Sanpling System in compliance with license condition 2.C(8).h. This license condition was imposed by the hRC staff to upgrdde the post-accident sampling system in accordance with NUREG-0737.

It reouires the installation of six containment isolation valves. These six valves and one other valve have been identified as subject to local leak rate testing, in accordance with Appendix J to 10 CFR Part 50 and nust be added to Table 3.6.1.

An additional three check valves have also been identified as being subject to Appendix J leak testing and are designated as such in Table 3.6-1.

Two isolation valves are also being renoved and the penetration will he closed with caps welded into the pipe penetration. The function of these valves have been replaced by hydrogen recoabiners and therefore since the valves are being recoved any reference to them in Table 3.6-1 must be deleted. Additionally, thirteen valves will be subject to aaministrative control, which is necessary in order to conduct certain activities such as sampling, and will be designed as such in Table 3.6-1.

The thirteen valves consist of the six new containment omce>

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7690-01 isolation valves nentioned above and seven valves which are currently listed in Table 3.6-1 but which are inadvertenly not designated as being subject to administrative control. Without such designation, operation of these valves for sampling purposes would violate the Technical Specifications.

The proposed apendrent reflects an upgraced post-accident sampling systen, provides for consistency in the Technical Specifications, pemits testing during nomal routine plant activities, confoms rore accurately to the provisions of Appendix J to 10 CFR Part 50, and, in part, reflects also the as-built condition of the plant.

Therefore, based on these considerations and the three criteria given in the fourth paragraph above, we have nade a proposed cetemination that this emendrent request involves no significant hazards censideration.

The Comnission is seeking public coments on this proposed detemination.

Any coments received within 30 days af ter the date of publication of this notice will be considered in making any final detemination. The Connission will not nomally nake a final detemination unless it receives a request for a hearing.

Comments should be addressed to the Secretary of the Commission, U. S.

Nuclear Regulatory Conmission, Washington, D. C.

20555, ATTH: Docketing and Service Branch.

By Sept. 19,1983, 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 nust file a written petition for leave to intervene. The reauest for a hearino and oetitions for leave to intervene

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7590-01 4-Danestic Licensing Proceedings" in 10 CFR Part 2.

If a request for a hearing or petition for leave to intervene is filed by the above date, the Conaission 4

or an Atonic Safety and Licensing Board, designated by the Cox11ssion or by the Chairman of the Atonic Safety and Licensing Board Penel, will rule on the request and/or petition and the Secretary or the designated Atalic Safety and Licensing Board will issue a notice of hearing or an appropriate order.

As required by 10 CFR 52.714, a petition for leave to intervene shall set forth with particularity the interest of the petitioner in the proceeding, and how that interest nay be affected by the results of the proceeding. The petition should specifically explain the reasons why intervention should be peroitted 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 c1 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 persons who has filed a petition for leave to intervene or who has been admitted as a party nay 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 nust satisfy the specificity requirements described above.

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I 7590-01 Hot later than fifteen (15) days prior to the first prehearing conference j

scheduled in the proceeding, a petitioner shall file a supplement to the petition to intervene which cust include a list of the contentions which are sought to be litigated in the matter, and the bases for each contention set forth with i

reasonable specificity. Contentions shall be limited to natters within the scope of the amendeent under consideration. A petitioner who fails to file such a supplenent 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 j

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 I

opportunity to present evidence and cross-examine witnesses.

i If a hearing is requested, the Coamission 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 nay issue the amendment and nake it effective, notwithstanding the request for a hearing. Any hearing i

beld would take place after issuance of the amendment.

If the final deternination is that the anendment involves a significant hazards consideration, any hearing held would take place before the issuance of any anendment.

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, Normally, the Comission will not issue the amendr.ent until the expira-tion 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 exanple, in derating or shutdown of the facility, the Commission may issue the license anendment before the expiration of the 30-day notice period, provided that its final determination is that the amendnent involves no significant bazards consideration. The final determination will consider all public and State core.ents received. Should the Comission take this action, it will publish 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.

A request for a hearing or a petition for leave to intervene nust be filed with the Secretary of the Cornission, U. S.

Nuclear Regulatory Cornission, Washington, D. C.

20555, Attention: Docketing and Service Branch, or may be delivered to the Comission's Public Document Room,1717 H Street, N. W.,

Washington, D. C. by the above date. Where petitions were filed during the i

.last ten (10) days of the notice period, it is requested that the petitioner promptly so inforn the Comission by a toll free telephone call to Western i

Union at (800) 325-6000 (in Missouri (800) 342-6700). The Western Union operator should be given Datagram Identification Number 3737 and the following nessage addressed to George W. Knighton:

petitioner's name and telephone number; date-petition was mailed; plant nane; and publication date and page number of this FEDERAL REGISTER notice. A copy of the petition should also be sent i

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w 7590-01 7-to the Executive Legal Director, U. S. Nuclear Regtilatory Comission, Washingten, D. C.

20555, and to Phillip A. Crane Jr., Esq., Pacific Gas & Electric Company, 77 Beale Street, San Francisco, California 941C6 and Norton, Burke, Serry a French P.C., ATTN: Bruce Norton, Eso., 2002 East Osborn Road, Phoenix, Arizona 85016, attorneys for the licensee.

Montinely filings of petitions for leave to intervene, acended petitions, supplemental petitions and/or requests for hearing will not be entertained absent a determination by the Comission, the presiding officer or the Atonic Safety and Licensing Board designated to rule on the petition and/or request, that the

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petitioner has nade a substaintial showing of good cause for the granting of a late petition ar.d/or request. The deternination will be 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 a,endrent dated May 2,1963, which are available for public inspection at the Comission's Public Document Room,1717 H Street, N. W., Washington, D. C. and at the California Polytechnic State University Library, Docunents and Maps Department, San Luis Obispo, California 93407.

Dated at Bethesda, Maryland, this //d day of August,1983.

FOR THE NUCLEAR REGULATORY C0itilSSION Original signed by:

George W.Knighten George W. Knighton, Chief Licensing Branch ho. 3 Division.of !icansing j

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7590-01 N Ns htitioner has made a substaintial showing of good cause for the granting of N

a late \\ petition and/or request. The detemination will be based u dn a x

balancing of the factors specified in 10 CFR 2.714(a)(1)(i)-(y) and 2.714(d).

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For furth'er details with respect to this action, se/e the application for amendment datAd !!ay 2,1983, which is available for'public inspection

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at the Comissien's Public Document Roon, 1717 11 treet,fl. W., Washington, D. C. and at the California Polytechnic State niversity Library, Documents and Maps Departnent, San Luis'0bispo, California 93407.

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Dated at Bethesda, flaryland)'Nthis[ day of July,1983.

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