ML20082M223
| ML20082M223 | |
| Person / Time | |
|---|---|
| Site: | Brunswick  |
| Issue date: | 11/09/1983 |
| From: | Vassallo D Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML19274C193 | List: |
| References | |
| NUDOCS 8312060048 | |
| Download: ML20082M223 (8) | |
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7590-01 UNITED STATES NUCLEAR REGULATORY COMMISSION I
CAROLINA POWER & LIGHT COMPANY DOCKET NOS. 50-325 AND 50-324 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENTS TO FACILITY _0PERATING LICENSES AND PROPOSED NO SIGNIFICANT HAZARDS i
CONSIDERATION DETERMINATION AND OPPORTUNITY FOR HEARING The U. S. Nuclear Regulatory Commission (the Commission) is considering issuance of amendments to Facility Operating License Nos. DPR-71 dnd DPR-62, issued to Carolina Power & Light Company (the licensee), for operation of the Brunswick Steam Electric Plant, Units Nos.1 and 2, located in Brunswick 4
County, North Carolina.*
The amendments proposed by the licensee would change the Technical Specificationstoprovidelimitedflexibilityinschedulingcontainmentleak testing surveillance consistent with planned outages. They do not result in a long-tenn extension of the surveillance schedule because of the require-ments'of Specification 4.0.2.b (the 3.25 times the surveillance interval rule). These changes make the Brunswick Technical Specifications conform more closely with the requirements of Appendix J to 10-CFR 50, and are clearly in keeping with the NRC Staff guidance provided in the Standard Technical Specifications.
Appendix ~J of 10 CFR 50 requires that a Type A Overall Integrated Containment Leakage Rate test be performed approximately every 18 months for 4 priaary containment that has failed to meet the applicable leakage limits during two consecutive. Type A tests.
Brunswick Technical Specification 4.6.1.2.b requires that if two consecutive Type A tests fail 8312060048 831109 PDR ADOCK 05000324 P
. to meet the required leakage limits, a Type A test be performed at least every 18 months.
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The proposed Technical Specifications would permit the extension of the 18 month surveillance intervals referenced above.
In addition to the revision concerning the requirements of Technical Specification 4.0.2, the format of the Technical Specification requirements concerning primary con-tainment leakage have been reformatted to be consistent with more recent revisions of the Standard Technical Specifications.
Before issuance of the proposed license amendment, the Commission will have made findings as required by the Atomic Energy Act of 1954, as amended (the Act) and the Commission's regulations.
The Commission has made a proposed determination that the amendment request involves no significant hazards consideration.
Under the Commission'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 pre-viously 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.
The NRC staff has reviewed this amendment request and has found that the rroposed Technical Specification revisions are not likely to involve l
significant hazards consideration because with the proposed changes the Technical Specifications, Appendix A of the Brunswick Operatine License, conform to the provisions of 10 CFR, Appendix J.
The Commission has r
provided guidance concerning the application of its standards set forth in l
10 CFR 50.92 for no significant hazards considerations by providing certain
. examples published in the Federal Register on April 6, 1983 ('48 FR 14864).
'0 w of the~ examples of an amendment which will likely be found to involve no significant hazards considerations is a change which either may result in some increase to the probability or consequences of a previously-ana-lyzed accident or may reduce in some way a safety margin, but where the results of the change are clearly within all acceptable criteria with respect to the system or component specified in the Standard Review Plan:
for example, a change resulting from the application of a small refinement of a previously used calculational model or design method.
The proposed changes, which simply provide some limited flexibility in scheduling con-tainment leak testing suiveillance consistent with planned outages by allowing the surveillance interval to vary by 25%, do not result in a lon;c-terin extension of the surveillance schedule because of the requirements of Specification. 4.0.2.b (the 3.25 times the surveillance interval rule). The proposed changes make the Brunswick Technical Specifications conform more closely with the requirements of Appendix J to 10 CFR 50, and are clearly in keeping with the NRC Staff guidance provided in the Standard Technical Specifications which allow the 13-month surveillance interval to vary by 25%.
Therefore, the staff finds that the proposed changes are similar to l
and fall within the Commission's example (vi) of an a.ction not likely to involve a significant hazards consideration.
Therefore, since the application for amendment involves proposed
' changes that are similar to examples for which no significant hazards con-sideration exists, the staff has made a proposed determination that the application for amendment involves no significant hazards consideration.
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-i The Comission is seeking public coments on this proposed determination.
Any coments received within 30 days after the date of publication of this notice will t ' considered in making any final determination.
The Comission will not normally make a final determination unless it receives a request for a hearing.
Coments shoulo be addressed to the Secretary of the Comission, U. S. Nuclear Regulatory Comission, Washington, D. C.
20555, Attn:
Docketing and Service Branch.
By December 19, 1983, the licensee may file a reouest for a hearing with respect to issuance of the amendment to the subject facility operating
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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.
Regtiest for a hearing and peti-tions for leave to intervene shall be filed in accordance with the Comnission's " Rules of Practice for Domestic Licensing Proceedings" in 10 CFR Part 2.
If a request for a hearing or petition for leave to inter-vene is filed by the above date, the Comission or an Atomic Safety and Licensing Board, designated by the Comission or by the Chaiman 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 reouired by 10 CFR 92.714, a petition for leave to inter.vene shall set forth with particularity the interest-of the petitioner in the proceed-ing, 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 specifi'c 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 without requesting leave of the Board up to fifteen (15) days prior to the first prehearing conference scheduled in the proceeding, but such tan amended petition must satisfy the specificity requirements described above.
Not later than fifteen (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 conientions which are sought to be litigated in the matter, and the bases for each con-tention set forth with reasonable specificity.
Contentions shall be limited to matters within the scope of the amendment under consideration. A petitioner who fails to file such a supplement which satisfies these require-ments with respect to at least one conten: ion will not be permitted '.o participate as a party.
These 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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. If a hearing is requested, the Comission will make a final determination on the issue of no significant hazards consideration.
The
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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 Comission 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 involves a significant hazards consideration, any hearing held would take place befort the issuance of any amendment.
Normally, the Coirnission will not issue the amendment until the expiration at the 30-day notice period.
However, should circumstancis change during the notice pertad such that failyre to act in a timely way would result, for ex6mple, in derating or shutdown of the facility, the Commission may issue the liccnse amendment before the expiration of the 30-day notice period, provided that its final determination is that the amendment involves no si pificant hazards consideration.
The final deter-mination will consider all public and State coments 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 must be filld"with the Secretary of the Comission, U. S. Nuclear Regulatory Comission, Washington, D. C.
20555, Attn:
Docketing and Service Branch, N
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. or may be delivef ed to the C'omissicn's Public Document Room,1717 H Street,
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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 Comission by a toll-free telephone call to West'ern Union at (800) 325-6000 (in Missouri (800) 342-6700).
The Western Union operator should be given Datagram Id'entification' Number 3737 and the following message addressed to Domenic B. Vassallo:
petitioner's name and telephone number; date petition was mailed; plant name; and publi-cation date and page number of this FEDERAL REGISTER notice.
A copy of the petition should also be sent to the Executive Legal Director, U. S. Nuclear Regulatory Commission, Washington, D.i. 20555, and to George F. Trewbridge, C
Esquire, Shaw, Pittman, Potts and Trowbridge, 1800 M Street, N. W.,
.i!ashington, D. C. 20036, attorney for the lice 0see.
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 Comission, the presiding officer or the Atomic Safety and Licensing Board designated to rule on the petition and/or request, that the petitioner has made a substantial showing of good cause for the granting of a late petition and/or request.
That determina-I tion will be based upon a-balancing of the factors specified 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 October 3, 1983, which is available for public inspection at the Commission's Public Document Rcom, 1717 H Street, N. W.,
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Washington, D. C., and at the Southport, Brunswick County Library,109 W.
Moore street, Southport, North Carolina 28461.
Dated at Bethesda, Maryland, this 9th day of November,1983.
FOR THE NUCLEAR REGULATORY COMi41SSION 7
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Domenic B. Vassallo, Chief Operating Reactors Branch #2 Division of Licensing E
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