ML20100J910

Notice of Consideration of Issuance of Amend to License NPF-58 & Proposed NSHC Determination & Opportunity for Hearing.Amend Revises TS to Allow One Main Steam Line Leakage Rate Through Four Lines Not to Exceed 100 Scfh

ML20100J910
Person / Time
Site:	Perry
Issue date:	02/23/1996
From:	Hopkins J NRC (Affiliation Not Assigned)
To:
Shared Package
ML20100J913	List: ML20100J910
References
NUDOCS 9602290306
Download: ML20100J910 (8)

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MITED STATES NUCLEAR REGULATORY COMISSION THE CLEVELAND ELECTRIC ILLUMINATING COMPANY. ET AL.

DOCKET NO. 50-440 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE. PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION. AND OPPORTUNITY FOR A HEARING The U.S. Nuclear Regulatory Commission (the Commission) is considering issuance of an amendment to Facility Operating License No. NPF-58, issued to The Cleveland Electric Illuminating Company, et al. (the licensee), for operation of the Perry Nuclear Power Plant, Unit 1, located in Lake County, Ohio.

The proposed amendment would revise the Technical Specifications (TS) to allow one main steam line's leakage rate to be as high as 35 standard cubic feet per hour (scfh) as long as the total leakage rate through all four main steam lines does not exceed 100 scfh until the end of Operating Cycle 6.

The need for a change to the main steam line leakage rate limits became apparent on February 11, 1996, during surveillance testing of the main steam j

lines. The "C" sain steam line was found to exceed the TS limit of 25 scfh by 1

3.1 scfh. However, the total of all four main steam lines was less than 100 t

scfh. Repair of the responsible valve to reduce the leakage below 25 scfh j

would provide no significant benefit to safety, while involving an estimated 2 person-REM of radiation exposure and an estimated 2200 person-hours of work.

Plant startup from the current refueling outage is scheduled for March 27, 1996. Therefore, the license amendment is needed prior to that date to avoid i.

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delaying plant startup. 1he request was submitted in a timely fashion since discovery that the "C" sain steam line exceeded the leakage rate limits, and the circumstances could not have been avoided.

Pursuant to 10 CFR 50.91(a)(6) for amendments to be granted under exigent circumstances, the NRC staff must determine 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 cnnsequences of an accident previously evaluated; or (2) create the possibility of a new or different i

kind of accident from any accident previously evaluated; or (3) involve a significant reduction in a margin of safety. As required by 10 CFR 50.91(a), the licensee has provided its analysis.,of the issue of no significant hazards consideration, which is presented below:

1.

The proposed change does not involve a significant increase in the probability or consequences of an accident previously evaluated. The i

proposed TS change requests a relaxation of the leakage rate i

requirements for one main steam line while preserving the overall leakage rate limit for the main steam line penetrations. The proposed leakage rate limit is well below any steam line leakage rate that is used as an accident assumption, and the proposed change would not increase the probability that a steam line rupture would occur.

Therefore, the probability of an accident previously evaluated has not changed. In addition, the proposed overall leakage rate limit is the leakage rate limit used in the accident analysis, and that limit j

is not being changed by this proposal. Therefore, the proposed change does not increase the cansequences of an accident previously y

evaluated.

2.

The proposed change would not create the possibility of a new or different kind of accident from any previously evaluated. The proposed change increases the allowable leakage rate for one main steam line, without changing the combined leakage rate for the four main steam lines. This request does not change the method for i

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3-operation of the plant. Thus the requested change cannot create the possibility of a new or different kind of accident from any l

previously evaluated.

3.

The proposed change will not involve a significant reduction in the margin of safety.

The proposed change does not revise the overall leakage rate permitted in the present Specifications for leakage i

through the main steam lines. An increase in the leakage rate of any one main steam line is not considered in any accident analysis.

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is the combined main steam line penetration leakage rate that is assumed in the accident analysis. Thus, since this assumed leakage 4

rate is not being revised, the proposed change does not involve a i

significant reduction in the margin of safety.

.i Before issuance of the proposed license amendment, the Commission will l

have made findings required by the Atomic Energy Act of 1954, as amended (thc Act) and the Commission's regulations.

i The NRC staff has reviewed the licensee's analysis and, based on this review, it appears that the three standards of 10 CFR 50.92(c) are satisfied. Therefore, the NRC staff proposes to determine that the amendment request involves no significant hazards consideration.

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j The Commission is seeking public comments on this proposed 4

determination. Any comments received within 15 days after the date of publication of this notice will be considered in making any final determination.

Normally, the Commission will not issue the amendment until the expiration of the 15-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 15-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 the Commissica 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.

Written comments may be submitted by mail to the Rules Review and

' Directives 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 6D22, Two White Flint North, 11545 Rockville Pike, Rockville, Maryland, from j

7:30 a.m. to 4:15 p.m. Federal workdays. Copies of written comments received may be examined at the NRC Public Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC.

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The filing of requests for hearing and petitions for leave to intervene is discussed below.

By Anril 1, 1996

, 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 a hearing and a petition for leave to intervene.

Requests for a hearing and a petition for leave to intervene shall be file' in accordance with the Commission's " Rules of Practice for Domestic Licensing Proceedings" in 10 CFR Part 2.

Interested persons should consult a current copy of 10 CFR 2.714 which is available at the Commission's Public j

Document Room, the Gelman Building, 2120 L Street, NW., Washington, t

, DC, and at the local public document room located at the Perry Pdlic Library, 3753 Main Street, Perry, Ohio.

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, 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 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 j

factors:

(1) the nature of the petitioner's right under the Act to be made i

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 petitior.er's interest. The petition should also identify the specific

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aspect (s) of the subject matter of the proceeding as to which petitioner I

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 petitlen without requesting leave of the Board up to 15 days prior to the first prehearing conference scheduled in the proceeding, but such an amended petition must satisfy the specificity requirements described above.

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l Not later than 15 days prior to the first prehearing conference J

scheduled in the proceeding, a petitioner shall file a supplement to the i

petition to intervene which must include a list of the contentions which are sought to be litigated in the featter. Each contention must consist of a specific statened of the issue of law or fact to be raised or controverted.

In addition, the petitioner shall provide a brief explanation of the bases of the contention and a concise statement of the I

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 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 genuine dispute 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.

Thase 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 the amendment is issued before the expiration of the 30-day hearing period, the Commission will make a final determination on the issue of no

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significant hazards consideration.

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 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 consideration, any hearing held would take place before a

the issuance of any amendment.

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 j

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Commission, Washington, DC 20555, Attention: Docketing and Services Branch, or may be delivered to the Commission's Public Document Room, the l

Gelman Building, 2120 L Street, NW., Washington, DC, by the above i

date. Where petitions are filed during the last 10 days of the notice l

period, it is requested that the petitioner promptly so inform the Commission by a toll-free telephone call to Western Union at 1-(800) 248-l 5100 (in Missouri 1-(800) 342-6700). The Western Union oprator should be given Datagram Identification Number N1023 and the following message

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addressed to Gail H. Marcus: petitioner's name and telephone number, i

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date petition was mailed, plant name, and publication date and page number 4

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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, i

Washington, DC 20555, and to Jay E. Silberg, Shaw, Pittman, Potts &

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Trowbridge, 2300 N Street, NW, Washington, DC 20037, attorney for the licensee.

A Nontimely filings of petitions for leave to intervene, amended j

petitions, supplemental petitions and/or requests for hearing will not be entertained absent a determination by the Commission, the presiding officer or the presiding Atomic Safety and Licensing Board that the petition and/or request should be granted 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 February 17, 1996, which is available for public inspection at the Commission's Public Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC, and at the local public document room, located at the Perry Public Library, 3753 Main S.treet, Perry, Ohio.

Dated at Rockville, Maryland, this 23rd day of February 1996.

FOR THE NUCLEAR REGULATORY COMMISSION 4k i

0 on B. Hopkins, Senior Project Manager Project Directorate III-3 Division of Reactor Projects - III/IV Office of Nuclear Reactor Regulation

Mr. Donald C. Shelton Perry Nuclear Power Plant Centerior Service Campany Unit Nos. I and 2 cc:

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Jay E. Silberg, Esq.

Mr. James W. Harris, Director i

Shaw, Pittman, Potts & Trowbridge Division of Power Generation 2300 N Street, N. W.

Ohio Dept. of Industrial Relations l

Washington, D. C.

20037 P.O. Box 825 i

Columbus, Ohio 43216

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Ms. Mary E. O'Reilly i

Centerior Energy Corporation The Honorable Lawrence Logan 300 Madison Avenue Mayor, Village of Perry Toledo, Ohio 43652 4203 Har>er Street 1

Perry, Otto 44081 Resident Inspector's Office i

U. S. Nuclear Regulatory Commission The Honorable Robert V. Orosz Paraly at Center Road Mayor, Village of North Perry Perry, Ohio 44081 North Perry Village Hall 4778 Lockwood Road j

Regional Administrator, Region III North Perry Village, Ohio 44081 t

U. S. Nuclear Regulatory Commission 801 Warrenville Road Attorney General Lisle, Illinois 60532-4531 Department of Attorney General i

30 East Broad Street Lake County Prosecutor Columbus, Ohio 43216 Lake County Administration Bldg.

j 105 Main Street Radiological Health Program Painesville, Ohio 44077 Ohio Department of Health P.O. Box 118 Ms. Sue Hiatt Columbus, Ohio 43266-0118 OCRE Interim Representative 8275 Munson Ohio Environmental Protection

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Mentor, Ohio 44060 Agency j

DERR--Compliance Unit Terry J. Lodge, Esq.

ATTN: Nr. Zack A. Clayton 618 N. Michigan Street, Suite 105 P.O. Box 1049 j

Toledo, Ohio 43624 Columbus, Ohio 43266-0149 4

j Ashtabula County Prosecutor Mr. Thomas Haas, Chairman i

25 West Jefferson Street Perry Township Board of Trustees 1

Jefferson, Ohio 44047 3750 Center Rd., Box 65 Perry, Ohio 44081 Mr. James D. Kloosterman Regulatory Affairs Manager State of Ohio Cleveland Electric Illuminating Public Utilities Commission Company East Broad Street Perry Nuclear Power Plant Columbus, Ohio 43266-0573 P. 0.' Box 97, E-210 Perry, Ohio 44081 Mr. Richard D. Brandt, Plant Manager J

Cleveland Electric 111tainating Mr. James R. Williams, Chief of Company Staff Perry Nuclear Power Plant Ohio Emergency Management Agency P.O. Box 97, SB306 2825 West Granville Road Perry, Ohio 44081 Worthington, Ohio 43085