ML20128A225
| ML20128A225 | |
| Person / Time | |
|---|---|
| Site: | FitzPatrick  |
| Issue date: | 11/23/1992 |
| From: | Mccabe B Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML20128A228 | List: |
| References | |
| GL-87-09, GL-87-9, NUDOCS 9212030246 | |
| Download: ML20128A225 (9) | |
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o Mfill R STATES NUCLEAR REGULATORY COMMISSlQtj POWER Ab1HORITY OF THE ST&TE OF NEW YORK DOCKET NO. 50-333 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE. PROPOSED NO SIGlflf_ICANT HAZARDS GNSIDERATION DETERMINAT10N. ANU OPPORTUNITY FOR HEARING The U.S. Nuclear Regulatory Commission (the Commission) is considering issuance of an amendment to Facility Operating i.icense No. DPR-59, issued to the Power Authority of the State of New York (the licensee), for operation of the James A. FitzPatrick Nuclear Power Plant located in Oswego County, New P
York.
The proposed amendment would revise Technical Specification (TS) 3.0.0 and its associated Bases to incor;: orate recommendations of NRC Generic Letter 4
(GL) 87-09, " Sections 3.0 And 4.0 Of The Standard Technical Specifications (STS) On The Applicability Of Limiting Conditions for Operation And Surveillance Requirements." Specifically GL 87-09 provides guidance to address unnecessary restr ctions on mode changes by TS 3.0.4 (FitzPatrick T3 i
3.0.0) and inconsistent application of exceptions.
TS 3.0.D presently states that entry into an operational condition (mode) shall not be made unless the conditions of the Limiting Condition for Operation (LCO) are met without reliance on the provisions of the action-requirements.
In GL 87-09,-the NRC staff presented its position that this specification unduly restricts facility operation when conformance to the action requirements provides an acceptable level of safety for continued 9212030246 921123 PDR ADOCK 05000333 P
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operation.
For an LCO that has action requirements permitting continued operation for an unlimited period of time, entry into an operational mode or other specified condition of operation should be permitted in accordance with the action requirements.
This is consistent with the NRC's regulatory requirements for an LCO.
The restriction on a change in operational modes or other specified conditions should apply only where the action requirements establish a specified time interval in which the LC0 must be met or a shutdown of the facility would be required.
The proposed amendment would revise TS 3.0.0 and its associated Fases to be consistent with the guidance provided in GL 87-09.
Specifically, the proposed revision would change TS 3.0.D to read:
Entry into an OPERATIONAL CONDITION (mode) or other specified condition shall not be made when the conditions for the Limiting Condition of Operation are not met and the associated ACTION requires a shutdown if they are not met within a specified time intc;.'al.
Entry into an OPERATIONAL CONDITION (mode) or specified condition may be made in accordance with-ACTION requirements when conformance to them permits continued operation of the facility for an unlimited period of time.
This provision shall not prevent passage through OPERATIONAL CONDITIONS (modes) required to comply with ACTION requirements.
Exceptions to these requirements are stated in the individual specifications.
Bases Section 3.0.0 would also be revised to reflect the stated changes to TS 3.0.D.
This proposed amendment is being processed on an exigent basis because the proposed changes are necessary to avoid a delay in the startup of the-FitzPatrick plant.
FitzPatrick is currently scheduled to startup on December 10, 1992.
Since this amendment is required to permit startup of the plant, and the startup date is less than 30 days from the date of this application, insufficient time is available to permit a 30-day public comment period.
The licensee could not have avoided this situation becaus? olant
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. modifications associated with fire barrier penetration seals on certain vents and drains have been unavoidably delayed beyond their original scheduled i
completion.
Due to the delayed and emerging fire protection modifications, fire watches posted in the vicinity of degraded fire barriers may be required af ter the currently scheduled startup date.
Emergent modifications to fire door seals may also not be completed by the currently scheduled startup date.
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 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 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 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 consideratiorr, which is, presented below:
Operation of the FitzPatrick plant in accordance with the proposed Amendment would not involve a significant hazards consideration as defined in 10 CFR 50.92, since it would not:
1.
Involve a significant increase in the probability or consequences of an accident previously evaluated.
During full power operation, some action requirements establish an acceptable level of safety for continued operation of the facility for an unlimited period of time.
Therefore, to allow (allowing) the
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4-f facility to star.up or change modes while conforming to such action requiremen;s will not increase the probability or consequences of an accident previously evaluated.
t 2.
Create the possibility of a new or different kind of accident from an) accident previously evaluated.
The proposed change will not change design, operation or the test'^
process.
During full power operation, some action requirement:
establish an acceptable level of safety for continued operation os j
the facility for an unlimited period of time. Therefore, to' allow c
(allowing) the facility to startup or change modes while conforming-4 to such action requirements will not create the possibility of a new i
or different kind 01' acc1 dent from any accident previously evaluated.
3.
involve a significant reduction in a margin of safety.
During full power operation, the action requirements establish an acceptable level of safety for continued operation of the facility for an unlimited period of time. Therefore, to allow [ allowing] the facilit).o startup or change modes while conforming to such action requirements will not reduce the margin of safety.
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.
i The Commission is seeking public comments on this proposed determination.
Any connents 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 final dotermination unless it receives a request for a hearing.
Written comments may be submitted by mail to the Rules and 91rectives.
1 Review 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,:
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Phillips Building, 7920 Norfolk Avenue, Bethesda, Maryland, from 7:30 a.m. to 4:15 p.m. Federal workdays. Copies of written coments received may be examined at the NRC Public Document Room, the Gelman Building, 2120 L Street,
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NW., Washington, DC 20555.
The filing of requests for hearing and peti;.ons for leave to intervene is discussed belaw.
By December 28, 1992, the licensee may file a request for a hearing with respect to issuance of the amendmer.i 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 hearino and a petition for leave to intervene shall be filed in accordance with the Comission'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 Comission's Public Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC 20555 and at tne local public document room located at the Reference and Documents Department, P;nfield Library, State University of New York, Oswego, New York 13126.
If a request for a hearing or petition for leave to intervene is filed by the above date, the Comission or an Atomic Safety and Licensing Board, designated by the Comission or by the Chairman of the Atomic Safety and l
Licensing Board Panel, will rule on the request and/or petition; and the Secretary or the designated Atomic Safety and Lic using Board will issue a I
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 i
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y 9 how that interest may be affected by the results of the proceeding.
The petition should specifically explain the reasons ' Av interynntion should be permitted with particul6r 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 t.nd 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 thr: proceeding on the petitioner's interest.
The petition should also idertify the specific aspect (s) of the subject matter of the proceeding as to which petitioner wishes to interve'ie. Any person who has filed a petition for leave to intervene or who has been adnitted as a party may amend the petition without re@esting leave of the Board up to fifteen (15) days prior to the first prehearing conference scheduled in the proceeding, but such an amen 0 ' netition 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 su;,plement 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 of a specific s.tatair.ent 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 th9. 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
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' expert opinion.
Petitioner must provide sufficient information to show that a-genuine dispute ex'sts with the applicant or = material issue of law or fact.
Contentions shall be limited to matters within the scope of the amendment 1
under consideration.
The contention must be one which, if proven, would entitle the pttitiont.- relief. A petitioner who fails to file such a supplement which s ii...as these requirements with respect to at least one a
coniention will not be permitted to participate as a party.
Those permitted to intervene become parties to the proceeding, subject to any limitations in the ochr 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 30-days, the Commission will make a final determination on the issue of no 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 tht the amendment r equest involves no significant hazards consideration, the Commission may issue the amendment and l
make it immediately effective, not.thstanding the request for a hearing. Any L
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 15-day notice period. However, should circumstances change during the notice period, such that failure to act in a timely way would
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. 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 1ssuance.
The Commission expects that the need to take this action will occur very infrequent {y.
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, N.W., Washington, DC 20555, by the above date.
Where petitionr 're filed during the last ten (10) days of the notice period, it is requesteu 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 N1023 and the following message addressed to Robert A.
Capra:
cetitioner's name and telephone numbar; date petition was mailed; plant name; >-3 publication date and page number of this FEDERAL REGISTER notice. A copy of the petition should also be sent to the Office of tne -
General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and to Mr. Charles H. Pratt,1633 Broadway, New York, New York 10019, attorney for the licensee.
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, Nontimely filings of petitions for leave to u.tervene, amended 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 Li:ensing Board that +he 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 2.7.14(d).
For further details with respect to this action, see the application for amendment dated November 20, 1992, which is available for-public inspection at the Commission's Public Document Rocm, the Gelman Building, 2120 L Street, NW., Washington, DC 20555, and at the local public' document room, located at the Reference and Documents Departrant, Penfield Library, State University of New York, 0:wego, New York 13126.
Dated at Rockville, Maryland, this 23rd day of Notenber 1992.
FOR THE NUCLEAR REGULATORY COMMISSION
/(.4 M Brian C, McCabe, Project Manager Project Directorate Division of Reactor Projects -.l/II Office of Nuclear Reactor Regulation l
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