ML20117A714
| ML20117A714 | |
| Person / Time | |
|---|---|
| Site: | Catawba  |
| Issue date: | 11/17/1992 |
| From: | Martin R Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML20117A715 | List: |
| References | |
| NUDOCS 9211300327 | |
| Download: ML20117A714 (8) | |
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7590-01 I
!LQITED STATES NUCLEAR REGULATORY COMMISSION DJ)XE_P_QWER COMPANY DOCXET NOS 50-4l3 AND 50-414 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENTS TO FACILITY OPERATING LICENSES. PROPOSED N0 SIGNIFICANT HAZARDS f0NSIDERATION DETERMINATION. AND OPPORTUNITY FOR HEARING The U.S. Nuclear Regulatory Commission (the Commission) is considering issuance of amendments to f acility Operating License Nos. NPF-35 and NPF-52 issued to the Duke Power Cor;pany (the licensee) for operation of the Catawba Nuclear Station, Units 1 and 2, located in York County, South Carolina.
The proposed amendments 5. auld revise the Technical Specifications (TSs) for the lic. d ef fluent release rate limits, the gaseous relaase rate limits, and to make ;$ wording changes in resporise to the recent revisions in 10 CFR Part 20.
Before issuance of the proposed license amendment, the Commission will have made findings required by the Atomic Energy St-of 1954, as amended (the Act) and the Commfesion's regulations.
The Commission has made a proposed determination that the amendment request involves no significant hazards consideration. Under the Commission's regdations 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 possibility of a new or different kind-of i
accident from any accider; previously evaluated; or-(3) involve a significant p
reduction in a margin of safety.
As required by 10 CFR 50.91(a),- the licensee i
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L The proposed revisions to the liquid and gaseous release rate limits and the relocation of the old 10 CFR 20.106 requirements to the new 10 CFR 20.1302 will not involve a significant increase in the probability or consequences of an accident previously evaluated because there will be no change in the types and amounts of effluents that will be released, nor will there be an increase in individual or cumulative occupational radiation exposures.
The proposed revisions will not create the possibility of a new or-different kinJ of accident from any previously evaluated because the revisions are administrative and will not change the types and amounts of effluent that will be released.
The proposed revisions will not reduce a margin of safety because the annual dose of 500 mret upon which the concentrations in the old 10 CFR 20, Appendix B, Table II, Columns 1 and 2, are based, is a factor of 10 higber than the annual dose of 50 mrem, upon whicn the concentrations in the new 10 CFR 20, Appendix B, Table 2, Columns 1 and 2, are based.
Compliance with the limits of the new 10 CFR 20.1301 will be demonstrated by operating within the limits of 10 CFR 50, Appendix 1 and 40 CFR 190.
The NRC staff has reviewed the licensee's analysis and, based oa this review, it appears that the three standar.t of 10 CFR 50.92(c) are satisfied.
i Therefore, the NRC staff proposes to detemine that the amendment request involves no significant hazards consiteration.
i The Commission is se ding public comments on this proposed determination.
Any comments received within thirty (30) days after the date of publication of this notice will be considered in making any final determination.
The Commission will not normally make a final determination unless it receives a request for a hearing.
l Written comments may be submitted by mail to the Rules and Directives l
l Review Brancn, Division of Freedom of Information and Publications Services, Office of Administraticn, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and should cite the publication date and page number of this FEDERAL
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n t s REGISTER notice.
Written comments may also.ie delivered to Room P-223, Phillips Building, 7920 Norfolk Avenue, Bethesda, Maryland, from 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 20555.
The filing of requests for hearing and petitions for leave to intervene it. discussed below.
By December 23, 1992
, the licensee may file a request for a hearing with respect to-issuance of the amendment to the subject facility operating liceiae 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.
Reouests for a hearing and a petition for leave to intervene shall be filed in accordance witn the Commission's " Rule; 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 Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC 20555 and at the local public document room located at the York County Library,138 East Black Street, Rock-Hiil, South Carolina 29730.
If a request for a hearing er petition for leave-l to intervene is filed by the above date, the Commissioa or an Atomic Safety and Licensing Board, designated by the Commi;sion or by the Chairman of the Atomic Safes, and Licensing Board, 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 i
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I 4-petition should specifically explain the reasons why intervention should be permitted with particular reference to the following factors:
(1) the nature-i of the petitioner's right under the Act to be made party to the proceeding; (2) the nature and extent of the petitioner's property, financial, or other intersst in the proceeding; and (3) t:m 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 ir;tervene. 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 Bo ed up to fif teen (15) days prior to the first prehearing conference scheduled in the proceeding, but sucn an amended petition must satisfy the specificity requirements described above.
flot later than fif teen (15) days prior to the first prehea*ino i-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.
Each contention must consist F
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 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 c1ntention at the hearing..The. petitioner must I
also provide references to those-specific sources and documents of which the-
- peti, ner is aware and on which the petitioner intends to rely tu establish
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those tacts or expert'opinicn.
Petitioner must provide sufficient information to show that a genuine disputa exists with the applicant' on a material issue 2
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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.
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 decide when the hearing is held.
If the final determination is that '.he 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 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 woulo result, for example, in derating or shutdown of the facility, the Commission M
may issue the license amendment before the expiration of the 30-day notice period, providea that its final determination is that the amendment involves 6a significant hazards consideration.
The final determination will consider i
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6-all public and State comments received.
Should the Commission take this action, it will publish in the FEDERAL REGISTER a notice of issuance and provide fcr opportunity for a hearing after issuance.
The Commission expects that the need to take this action will occur v'ry 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 Commission, Washington, DC 20555, Atter. tion:
Docketing and Services Branch, or may be delivered to the Commission's Public Document Room, the Celman Building, 7120 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 peti'ioner p"cmptly so inform the Commission by a toll-free i
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 NIG23 and the following message addressed to David 8. Matthews:
petitioner's name and telephone number, date petition was mailed, plant name, and publication dat and page number of t%is FEDERAL DEGISTER notice.
A copy-i of the petition should al20 be sent to the Office c4 Gereral Counsel, U.S.
L Nuclctr Regulatory Commission, Washington, DC 40555, and to Mr. Albert Carr, Duke Power Company, 422 South Cnurch Street, Charlotte, North Carolina 28242, attorrey for the licensee.
Nontimely filings of petitions for leava 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 L
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).
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-7 For further details with respect to this action, see the applicatto r, for amendments dated November 5,1992, wntch is available for public ins pection at the Commission's Public Documert Room, the'Gelman Building, 2120 L Street, NW., Washington, DC 20555 and at the local public document room located at York County Library,138 East Black Street, Rock Hill
, South Carolina 29730.
Dated at Rockville, Maryland, this 17th day of November 1992.
FOR THE NUCLEAR REGUl ATORY COMMISSION p( Y Y)w s '-
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< RabDrt E. Martin, Senior Project Manager Project Directorate 11-3 Division of Reactor Projects - I/II Of fice of Nuclear Reactor Regulation 1
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