ML20094M337

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Notice of Consideration of Issuance of Amend to License DPR-35 & Proposed NSHC Determination & Opportunity for Hearing Re 840626 Request for Rev to Scram Discharge Vol Sys
ML20094M337
Person / Time
Site: Pilgrim
Issue date: 07/31/1984
From: Hermann R
Office of Nuclear Reactor Regulation
To:
Shared Package
ML20094M340 List:
References
OL, NUDOCS 8408150623
Download: ML20094M337 (7)


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7590-01 UNITED STATES NUCLEAR REGULATORY COMMISSION BOSTON EDISON COMPANY DOCKET NO. 50-293 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERITING LICENSE AND PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION AND OPPORTUNITY FOR HEARING t

The U. S. Nuclear Regulatory Commission (the Commission) is considering issuance of an amendment to Facility Operating License No. DPR-35 issued to

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Boston Edison Company (the licensee), for operation of the Pilgrim Nuclear Power Station located in Plymouth, Massachusetts.

The amendment would change the Technical Specifications for the reactor protection system in accordance with the licensee's application for amendment dated June 26, 1984. The changes apply to the two new scram discharge instrument volumes (SDIVs) with redundant and diverse instrumentation that the licensee has installed in response to an NRC Confirmatory Order dated June 24, 1983. The original SDIV tank and its level switches have been removed from service. Replacing the level switches, each SDIV has two level transmitters and associated bistable devices which provide continuous monitoring of the water level in the instrument volume. These devices provide reactor scram signals on high water at 39 gallons and "not drained" alarms at 4.5 gallons.

In addition, each SDIV has three resistance temperature devices which provide a control rod withdrawal block at 18 gallons and scram signals at 39 gallons.

The Bases for the Technical Specifications would be modified by adding a fourth category (D) to identify the new analog transmitter trip B408150623 840731 PDR ADOCM 05000293 P

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devices. This modification necessitates nomenclature changes in several tables of the Technical Specifications.

Before issuance of the proposed license amendment, the Comission will have made findings as required by the Atomic Energy Act of 1954, as amended (the Act) and the Comission's regulations.

The Commission has provided guidance concerning application of the standards for determining whether license amendments involve significant hazards considerations by providing certain examples (48 FR 14870).

One example of an amendment which is considered not likely to involve a significant hazards consideration is:

"(11) A change that constitutes an additional limitation, restriction, or control not presently included in the technical specifications: for example, a more stringent surveillance requirement." '

In its application for this amendment, the licensee stated:

"With the addition of a second SDIV, the existing limitations and testing frequencies will now apply to the dual SDIV system which could be considered to be a doubling of surveillance testing. Therefore, this change constitutes a more stringent surveillance requirement and example (ii) would apply."

The staff has reviewed the amendment request and agrees with the licensee that example (ii) applies. On the basis of this review, the Comission has made a proposed determination that the application fo~

amendment 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

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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 froi.. Sny accident previously evaluated; or (3) involve a significant reduction in a margin of safety.

The Commission is seeking public connents on this proposed detennination. Any comments received within 30 days after the date of publication of this notice will be considered in making any final detennination. The Connission will not normally make a final detennination unless it receives a request for a hearing.

Comments should be addressed to the Secretary of the Connission, U. S. Nuclear Regulatory Connission, Washington, D. C.

20555, Attn:

Docketing and Service Branch.

By September 5,1984, 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 petition for leave to intervene. Request for a hearing and petitions for leave to intervene shall be filed in accordance with the Connission's " Rules of Practice for Domestic 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 Commission or an Atomic Safety and Licensing Board, designated by the Connission or by 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.

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' As required by 10 CFR 62.714, 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 oe 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 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 an 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 contentions which are sought to be litigated in the matter, and the bases for each contention 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 requirements with respect to at least one contention will not be permitted to participate as a party.

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5-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-examina witnesses.

If a hearing is' requested, the Comission will make a final detemination on the issue of. no significant hazards consideration. The final determination will serve to decide when the hearing is held.

If the final detemination 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 detemination is that the amendment involves a.

1 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 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 l

Comission 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. The final determination will consider all public and State comments received.

Should i

the Comission take this action, it will publish a notice of issuance and

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provide for opportunity for a hearing after issuance.

The Comission expects that the need to take this action will occur very infrequently.

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A request for a hearing or a petition fogleave to intervene must be filed with the Secretary of the Comission,ld. S. Nuclear Regulatory Commission, Washington, D. C.

20555, Attn:

Docketing and Service Branch, o

or may be delivered to the Commission's Public Document Room, 1717 H 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 infonn the Comission by a toll-free telephone call to Western Union at (800) 325-6000 (in Missouri (800) 342-6700). The Western Union operator should be given Datagram Identification Number 3737 and the following message addressed to Domenic B. Vassallo:

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 beisent to the Executive Legal Director, U. S.

Nuclear Regulatory Comission, Washington, D. C. 20555, and W. S. Stowe, Esquire, Bo$ ton Edison Company, 800 Boylston Street, Boston, Massachusetts 02199,$ttorneyforthelicensee.

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Nontimely filings of petitions for leave to intervene, amended petitions, supplemental petitions and/or requests for hearing will not be entertdined 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 determination will be based upon a balancing of the factors specified in 10CFR2.714(a)(1)(i)-(v)and2.714(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 Comission's Public Document Room,1717 H Street, N. W.,

Washington, D. C., and at the Plymouth Public Library, North Street, Plymouth, Massachusetts 02360.

Dated at Bethesda, Maryland, this 31st day of July l 1984 s FOR THE NUCLEAR REGULATORY COMMISSION p

N Robert A Hermann, Acting Chief Operating Reactors Branch #2 Division of Licensing

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