ML20094L617
| ML20094L617 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse  |
| Issue date: | 03/18/1992 |
| From: | Hopkins J Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML20094L621 | List: |
| References | |
| NUDOCS 9203260187 | |
| Download: ML20094L617 (8) | |
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7590-01 MlJ1D-STATES NUC(fyLELGV1ATORY CQMl$.5108 TOLEDO E0lSON COMPANY QQCKET NO. 50-346..
E01LCI QI.ID!is1DERATLOR_QLi$,$thit.LOF AMENQMLt{ LID 4
fACILITLQIt!MllRLLLC1111L.EILQf0SID NO Sl01(II1(NiLtlaZARQS C.Q!{$10 E R AT 10tL Q[lf3MIM110lL_AltQ_0ff0RIURilLE93.11E A R I N G The U.S. Nuclear Regulatory Commission (the Commission) is considering issuance of an amendment to facility Operating License No. NPF-3, issued to Toledo Edison Company (the licensee), for operation of the Davis-Besse Nuclear Power Station, Unit I located in Ottawa County, Ohio.
The amendment would allow continual operation in the event that either the reactor coolant system (RCS) loop 1 vent path or the RCS loop 2 vent path (but not both) is inoperable and cannot be re:trored to operable status within 30 days.
In lieu of a plant shutdwon, a Special Report would be prepared and submitted to the NRC within the next 30 days outlining the action taken, the cause of inoperability, and the plans and schedule for restoring the vent path to operable status.
Unidentified RCS leakage had increased during this operating cycle, i
although it remained within Technical Specificatinn limits. During a recent containment entry, the licensee identified RCS loop 2 vent path as a source b
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of RCS leakage and isolated the vent path to minimize RCS leakage.
The Itcensee then promptly submitted the proposed license anendment, requesting to continue operation with a single loop vent path closed, so as to minimize RCS leakage.
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 comission's regulations.
The Comission 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 previously evaluated; or (2) create the pcssibility 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 proposed amendment would not (1) involve a significant increase in the probability or consequences of an accident previouly evaluated, because the RCS loop vent paths are not required to function to mitigate'any Design Basis Accident; or (2) create the_ possibility of a new or different kind of accident from any accident previously evaluated, because an RCS loop vent path does not function during plant operation, so an isolated RCS loop vent path will not affect plant operation; or (3) involve a significant reduction in a margin of_ safety because the RCS loop vent paths are not required to function to mitigate any Design Basis Accident.
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Accordingly, the Commission proposes to determine that this change dnes i
not involve a significant hazards consideration.
The Commission is seeking public coments on this proposed determinttion. Any comments received within fifteen (15) days after the date of publication of this notice will be considered in making any final determination.
The Commission will not normally make a finn 1 determination unless it receives a request for a hearing.
Written coments may be submitted by mail to the Regulatory Publications Branch, Division of freedom of Information and Publications Services, Office of Administration, d. S. Nuclear fiegulatory Commission, Washington, D.C.
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, N.W,. Washington, D.C.
The filing of requests for hearing and petitions for leave to intervene is discussed below.
By April 22, 1992, 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 hearing and a petition for leave to intervene.
Requests for a l
hearing and petitions for leave to' intervene shall be filed in accordance with
. the Commission's " Rules of Practice for Domestic Licensing Proceedings" in 1
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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 Bancroft Avenue, Toledo, Ohio 43606, If a request for a hearing or petition for leave to intervene is filed by the above date, the Commission or an Atomic Safety and Licensing Board, designated by the Commission or by the Chairman of the Atomic Safety and Licensing Board Panel, h
will rule on the request and/or petition; and the Secretary or the desigi,ated 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 intervene shall set forth with particularity the interest of 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 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 specific aspect (s) of the subject matter of the proceeding as to which petitioner wishes to intervene. Any person who has i
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 fif teen i_
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1 (15) days prior to the first pre-hearing conference scheduled in the proceeding, but such an amended petition must satisfy the specificity 1
l requirements described above.
Not later than fifteen (15) days prior to the first prehearing conference scheduled in the proceeding, a petittoner shall file a suppicment to the petition to intervene, which must include a list of the contentions that 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 1
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 provide references to thosa specific sources and documents of which the petitioner is aware and on which thc petitioncr intends to rely to establish l
those facts or expert opinion.
Petitioner must provide sufficient information to show that a genuine dispute exists with the applicant on a material issue i
of law or fact.
Contentions shall be limited to matters within the scope of 1
the amendment under consideration.
The contention must be one which, if
-proven, would entitle the petitioner to relief. A petitioner who falls to i
file such a supplement which satisfies these requireinents with respect to at least one contention will not be permitted to phrticipate 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-eFamine Witnesses.
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If the amendment is issued before the expiration of 30-days, the Comission will make a final determination on the issue of no significant hazards considerations.
If a hearing is requested, the final determination will serve to decide when the hearing is held, if the final determination is that the amendment request involves a 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 request involves a significant hazards consideration, any hearing held would take place before the issuance of any amendment.
Normally, the Comission will not issue the amendment until the expiration of the 15-day notice period. However, should circumstancer, change during the notice period, such that failure to act in a timely way would result, for example, in derating or shutdown of the f acility, the Co.nmission may issue the license amendment before the expiration of the 15-day notice period, provided that its final detemination is that the amendment involves no significant hazards considerations.
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 infrequently..
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 Lommission, Washington, D.C.
20$55, Attention: Docketing and Service Branch, or may be delivered to the Commission's Public Document Room, the Gelman
7 Building, 2120 L Street, 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 Commissicn 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 John N. Hannon:
petitioner's name and telephone number; date petition was mailed; plant name; and publication date and page number of this FEDERAL REGISTE0 notice.
A copy of the petition should also be sent to t'a Office of the General Counsel, U.S.
Nuclear Regulatory Commission, Washington, D.C.
20555, and to Jay E. Silberg, Esq., Shaw, 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, amended petitions, supplemental petitions and/or requests for hearing will not be entertained absent a determination by the Commission, tbc presiding officer or the presiding Atomic Safety and Licensing Board that thi petition and/or request should be granted based upon a balancing of the factors specified in 10CFR2.714(a)(1)(1)-(v)and2.714(d).
For further details with respect to this action, see the application for amendment dated March 13, 1992, which is available for public inspection 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,
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University of Toledo Library, Documents Department, 2801 Bancroft Avenue, Toledo, Ohio 43606.
Dated at Rockville, Maryland, this 18th day of Much 1992.
FOR THE NUCLEAR RESULATORY COMMISSION 1
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'M n B. Hopkins, Sr. Project Manager Project Directorate 111-3 Division of Reactor Projects !!!/IV/V Office of Nuclear Reactor Regulation
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