ML20128B689
| ML20128B689 | |
| Person / Time | |
|---|---|
| Site: | Vogtle  |
| Issue date: | 01/26/1993 |
| From: | Hood D Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML20128B692 | List: |
| References | |
| GL-90-02, GL-90-2, NUDOCS 9302030145 | |
| Download: ML20128B689 (8) | |
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7590-01 UNITED STATES. NUCLEAR REGULATORY COMMISSION GEORGIA POWER COMPANY. ET AL.
j EQ(KET N05._50-424 AND 50-425 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENTS TO i
FACillTY OPERATING LICENSES. PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION. AND OPPORTUNITY FOR HEARING The U.S. Nuclear Regulatory Commission (the-Commission) is considering issuance of amendments to facility Operating License Nos. NPF-68 and NPF-81 issued to Georgia Power Company, et al. (the licensee), for operation of the Vogtle Electric Generating Plant, Units 1 and 2, located in Burke County, Georgia.
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The proposed amendments would revise Technical Specification (TS) 5.3.1,
" Design Features -- Fuel Assemblies," in accordance with NRC Generic Letter (GL) 90-02, " Alternative Requirements for Fuel Assemblies in the Design Features Section of Technical Specifications," as issued February 1, 1990, and supplemented July 31, 1992.
Specifically, the amendments would supplement TS 5.3.1 by adding that:
Limited substitutions of zirconium alloy or stainless steel filler-rods for fuel rods, in accordance with NRC-approved applications of fuel rod configurations, may be used.
Fuel assemblies shall be limited to those fuel designs that have been analyzed with applicable NRC staff-approved codes and methods, and shown by tests or analyses to comply with all fuel safety design bases. A limited number of lead test assemblies that have not completed representative testing may be placed in non-limiting core regions, in GL 90-20, the NRC provided guidance for a line-item change to TS.S.3 l..
The change provides flexibility in the repair of fuel assemblie,s.containing 9302030145 930126 PDR ADOCK 05000424-P PDR
. damaged and leaking fuel rods by reconstituting the assemblies and provides for conditional use of lead test assemblies without prior NRC approval.
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.
l 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 50.9)(a), the licensee has provided its analysis of the issue of no significant hazards consideration, which is presented below:
The proposed change to the Technical Specifications will not involve a significant increase in the probability or consequences-of.an accident previously_ evaluated because it will not result in a-change to any of the process variables that might initiate an accident.
The operating limits will not be changed and the analysis methods to demonstrate operation within the limits will remain in accordance with NRC-approved methodology. -0ther than the changes to the fuel assemblies, there are no physical changes to the plant associated with this Technical Specification change. The consequences of an accident previously evaluated will-not be increased because the safety analyses to be performed for each cycle will continue to demonstrate _ compliance with all fuel safety design bases..The ability to remove potentially leaking fuel rods should result in a reduction in the radiological consequences of any transients or accidents.
This change to the Technical Specifications will not create the possibility of a new or different kind of accident from any-accident previo.usly evaluated because it will only affect the assembly configuration and will be limited to NRC-approved applications of fuel y
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. rod configurations.
The other aspets of plant design, operation, limitations and responses to events will remain unchanged.
The use of stainless steel or zirconium alloy filler rods in fuel assemblies will not involve a significant reduction. in a margin of safety because analyses using NRC-approved methods will be performed for each configuration to demonstrate continued operation within the limits that assure acceptable plant response to accidents and transients.
These analyses will be performed using NRC-approved methods that have been approved for application to the fuel configuration.
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 requM t 4
i involves no significant hazards consideration.
The Commission is seeking public comments nr his proposed determination. Any comments received within 30 days after the date of publication of this notice will be considered in making any final detee 'aation. The Commission will not normally make a final determination unless it rece hes a request for a hearing.
Written comments may be submitted by-inail to the Rales and Directives Review Branch, Division of Freedom of Information and Pt.blications Services, Office of Mainirtration, 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, i
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 i
examinac at the NRC Public Document-Room, the Gelman Building, 2120 L Street, NW., Washington, DC 20553. The filing of requests for hearing and petitions for leo"e to intervene is discussed below.
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- By March 3, 1993
, 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 filed 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 Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC 20555 and at the local public document room located at the Burke County Public Libr_ry, 412 Fourth Street, Waynesboro, Georgia 30830.
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 factors:
(1) the neture 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 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 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 15 days prior to the first prehearing conference scheduled in the proceeding, but such an amended petitior must satisfy the specificity requirements described above.:
Not later than 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.
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 of the bases of th.e 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 those specir;c 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 mhterial issue of law or fact.
Contentions shall be limited t6 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.
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6-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 determinatinn 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 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 -
heiring 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 expiratinn 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 Commission
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may issue the license amendment before the expiration of.the 30-day notice v
period, provided that its final determination.is thatLthe amendment involves no significan^ hazards consideration. The. final determination ~will consider all public and State comments-received.1Snould the: Commission take this action, it will publish in the FEDERAL REGISTER a notice of issuance and l-provide-for opportunit) a hearing after issuance. The Commission' expects that the need to take'this action will occur very infrequently.
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. 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, NW., Washington, DC 20555, by the above date. Where petitions are filed during the last 10 days of the notice period, it is requested that the petitioner promptly so inform the Commission by a toll-free
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telephone call to Western Union at 1-(800) 243-5100 (in Missouri 1-(800) 342-6700). The Western Union operator should be given Datagram Identification Number N1023 and the following message addressed to David B. Matthews:
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 be sent to the Office of the General Counsel, U.S.
Nuclear Regulatory Commission, Washington, DC 20555, and to Art Domby, Esquire, Troutman Sanders, NationsBank Plaza, Suite S200, 600 Peachtree Street, Atlanta, Georgia, 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, the presiding officer or the presiding Atomic Safety and Licensing Beard 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>ietails with respect to this action, see the application for-amendments dated November 5,1992, which is available for public inspection at the Commission's Public Document Room, the Gelmati Building, 2120 L Street, NW., Washington, DC 20555 and at the local public riocument room located at the Burke County Public Library, 412 Fourth Street, Waynesboro, Georgia 30830.
Dated at Rockville, Maryland, this 26th day of January 1993.
. FOR lHE NUCLEAR REGULATORY COMMISSION Darl S. Hood, Project Manager Project Directorate 11-3 Division of Reactor' Projects - I/II Office of Nuclear Reactor Regulation 4.
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