ML20091J263
| ML20091J263 | |
| Person / Time | |
|---|---|
| Site: | Fermi  |
| Issue date: | 01/02/1992 |
| From: | Stang J Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML20091J265 | List: |
| References | |
| NUDOCS 9201100242 | |
| Download: ML20091J263 (8) | |
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7590-01 UNITED STATES NUCLEAR REGULATORY COMMISSION DETROIT EDISON COMPANY DOCKET NO. 50-341 NOTICE OF CONSIDER / TION Of ISSUANCE OF AMEN 0 MENT TO i
FACILITY OPERATING LICENSE, PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION, AND OPPORTUNITY FOR HEARING The U.S. Nuclear Regulatory Commission (the CommiS$ ion) is considering issuance of an amendment to Facility Operating License No. NPF-43 issued to Detroit Edison Company (the licensee) for operation of the Fermi-2 facility located in Monroe County, Michigan.
The proposed amendment would reconcile the Technical Specification (TS) required actions for the Emergency Equipment Cooling Water (EECW) and Emergency Equipment Service Water (EESW) systems and the TS required actions for certain systems which receive EECW/EESW cooling.
Before issuance of the proposed license amendment, the Commissich will have made findings required by the Atomic Encrgy 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 amendn.ent would not (1) involve a significant increase in the probability or consequences of an accident previously evaluated; or (2) cre3te the possibility of a new or different kind of accident from any 72011e)242 ? ? o i t:0 PDR AOOCL O'i0003g; rUn
accident prevbusly evaluated; or (3) inso'.ve a significant red action in a margin of safu;y.
hs requirrd by 10 CFR 51.91(a), the licensee has provited i
its analysis of the issue of no significant hatsrds consideration, which
.5 presented below:
(1) Involve a significant increase in the probability or consequences of an accident previously evaluated.
The proposed change does not create an): new initiating mechanisms or affe.ct ary pr;stuleted in tiating d
mechanisms for evaluhted accidentl.
The proposed chango prJvides action recuirements tnat address the impact of EECW cooling on certain systems which receive EECW cooling.
These action requireraents 35sure that wfficient equipment remains available to safely shutdown the plant as curr.:itly evaluateri in the [ Updated Final Safety Analysis Report] UFSAR.
The UFSAR. evaluation of CCCS performance shows that equipinent supported b;/
a+ single EECW Subsystem can meet 'he acceptance criteria of [10 CFR 50.46].
Therefore, the proposed chango does not represent a significant increale in ttie probability or consequences of a previously evaluated ncident.
4 (2) Create The possibility of a new os different Kind of accident from any accidtnt previously evaluated.
The proposed change does not result in any modifications to tbr plant design or manner of system operation and no safety *related equipmer.t or function will be altered.
As stated in (1) above, sufficient equipment will be maintained and will be available to initiate safe shutdown of the plant.
The requested changes de not create I
any new accident mode.
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(3) involve a significant reduction in a margin of safety.
As stated in 1) above, the proposed action requirements assure that sufficient
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equipment is available to sai'ely shutdown the plant.
The proposed change may also promote safe plant operation by giving a reasonable out-of-service tiine for corrective and prevtntive maintenance and testing activities on the EECW and EESW systems without requiring unnecessary reactor shutdowns.
e, The NRC staff has reviewe.1 the li<.9nsee's enalysis and, based on this review, it appears that the three standtrds of 10 CFR 50.92(c) are satisfied.
1herefore, the NRC staff proposes to datermine that the amendt.ent request involves no significant hazards consideration.
The Commission is seeking public comments on this proposed determination.
Any comments-received within thirty (30) days after the date of publication of Lhis notice will be considers in makit.g any finsi determination.
The Commission will not normally make a finai determination unless 'It receives a request for a hearing, Written comments may be submitted by mail to the Regulatory Publications 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.
4 By Feburary 10, 1992
, the licensee may file a request for a hearing with respect to issuance of the amendment to the subject facilit) opet it 'ng license and any person whose interest may be affected by this procesd 1g and t1o wishes to participate as a party in the proceeding must file a written request for a hearing and a petition for leave to intervene.
Rnqmits for a 4
heating ano a 'etition for leave to intervene shall oe filed in accordance with
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the Comaaission's " Rules of Practice for Domestic Licensing Proceeding," in 10 CFR Part 2.
- !rterested persons should consult a current copy of 10 Cl.1 2.714 q
which is availatue at the Commission's Public Document Ronm, trie Gelirin viiding, a-
!/120 L Street, NW, Washington, DC 20555 and at the loct1 pubile document room l
' located at the Monroe County Public Library System, 3?v0 South Custe l' ad, Monroe, Michigan 48161.
If a request for a hearing or petition for leave to intervene is filed by the above dtte, the Commission or 4.n Atomic 'ir,' sty and Licensing Board, designated by the Commission or by no Chairman of the Atom'c Safety and Licensing Board Panel, will rule on the request.and/or p t tion; and the Secretary or the designated Atomic Safety and Licensing ',,oard will issue a notice of hearing or an appropriate order.
As required by 10 CFR 2.714, a petition for leave to intervene st'all 8
set forth with particularity the Interest of the noticioner in the prot seding, and how that interest may be affected by the results of the proceet 1g.
The petition should specifically explain the reasons dly it teiNention should be permitted with particular reference to tt e tol10 wing factors:
(1) the nature of the petitioner's right under the Act to be raade party to che proceeding; (2) the nature and extent cf the petitioner's property, financia', or other interest in the proceeding; and (3) the puss;ible effect of any order w:1'. c h
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-b-may be entered in the proceeding on the petitioner's interest.
The petition should also identify the specific aspect (s) of tne 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 (1$)
days prior to the first prehearing conference scheduled in the proceeding, but such an amended petition must satisfy the specifir.ity 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 contentions which are sought to be litigated iti the matter.
Each contention must consist of a specific statement of the issue of law or fact to De 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 the contention at the hearing.
The petitioner must also provida 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 information to show that a genuint
.spute 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.
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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.
If a hearing is requested, the Commission will make a final determination on the issue of no significant hazards consideration.
The final determination will serve to dacide when the hearing is held.
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 after issuance of the amendment.
If the final determination is that the amendment request involves a significant hazards o nsideration, 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 30-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 amendment before the expiration of the 30-day notice period, provided that its final determination is that the amendment involves no significant hazards consideration.
Tht Jinal 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 and provice for opportunity for a r
hearing after issuance.
The Commission expects that the need to take this l
action will occur very infrequently.
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7 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, NW, Washington, DC 20555, 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 Commission by a toll-free telephone call to Western Union at 1-(800) 325-6000 (in Missouri 1-(800) 342-6700).
The Western Union operator should be given Datagram Identification Number 3737 and the following message addressed to Ledyard B. Marsh:
petitioner's name and telephone number, date petition was mailed, plant name, and publication date and 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 John Flynn, Esq., Senior Attorney, Detroit Edison Company, 2000 Second Avenue Detroit, Michigan 48226.
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 Commission, the presiding officer or the Atomic Safety and censing Board that the petition and/or request should be granted baseu 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 December 5, 1991, as supplemented December 30, 1991, which is
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i available for public inspectior at the Commist',on's Public Document Room, the Gelman Building, 2120 L Street, NW, Washington, DC 20555 and at the local 4
public document room located at the Honroe County Public Library System, 3700 South 3
I Custer Road, Monroe Michigan 48161.
Dated at Rockville, Maryland, this 2nd day of January 1992.
FOR THE NUCLEAR REGULA10RY COMMISSION d
d#ohn Stang, Project Manager Project Directorate III-3 Division of Reactor Projects III/IV/V Office of Nuclear Reactor Regulation e
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