ML20128H507
| ML20128H507 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 06/05/1985 |
| From: | Knighton G Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML19298B008 | List: |
| References | |
| NUDOCS 8507100072 | |
| Download: ML20128H507 (8) | |
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UNITED STATES NUCLEAR REGULATORY COMMISSION PACIFIC GAS AND ELECTRIC COMPANY DOCKET NO. 50-275 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE AND PROPOSED N0 SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION
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AND OPPORTUNITY FOR HEARING The U.S. Nuclear Regulatory Cor.snission (the Comission) is considering issuance of amendment to Facility Operating License No. DPR-80 issued to the Pacific Gas and Electric Company, the licensee, for the operation of the Diablo Canyon Nuclear Power Plant, Unit 1 located in San Luis Obispo, California.
In accordance with the licensee's application dated May 14, 1985, which w r+
x encompasses requests dated January 30, 1985, April 12, 1985, and April 24, 1985, the proposed change would revise the Diablo Canyon Unit 1 Technical li Specifications to incorporate new or additional Radiological Effluent L
TechnicalSpecifications(RETS)tomeettheintentoftheNRCStaffposition L~
presented in NUREG-0472, " Standard Radiological Effluent Technical
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l Specifications for Pressurized Water Reactors," and to upgrade provisions to l
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implement the requirements of 10 CFR Part 50 Appendix I.
l-Before issuance of Ene 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 detennination that the amendment request involves no significant hazards' consideration. Under the Commission's l
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 i
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increase in the probability or consequences of an accident previously evaluated; or (2) create the possiblity of a new or different kind of accident from any accident previously evaluated; or (3) involve a significant reduction
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in a margin of safety.
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' The NRC staff proposes to determine that the proposed changes do not involve significant hazards considerations.
In this regard, the Counission has
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provided guidance concerning the application of standards for determining I
whether or not a significant hazards consideration exists by providing certain
. examples (48 FR 14870) of amendments considered not likely to involve significant hazards considerations. Example (ii) relates'to changes that constitute additional restrictions,or control not presently included in the Technical
-Specifications; for example, a more stringent su'rveillance requirement.. The t-proposed changes are similar to this example. On this basis, it is proposed v.
that these changes do not involve significant hazards considerations. The
.following is a description of the proposed changes and how each is similar to X
one of the examples of 48 FR 14870.
When Diablo Canyon, Unit I was licensed it conformed with the guidance provided relative to Appendix I to 10 CFR 50. Subsequent refinement of that guidance required that Diablo Canyon, Unit 2 Technical Specifications be consistent with present day guidance.
In order that the Technical Specifi-cations for both Units be consistent in this area, PG&E requested that the i,
Unit 1 RETS be upgraded to those previously approved for Unit 2.
The proposed change would update the Technical Specifications by defining' limiting conditions i
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j for operation and surveillance requirements.for radioactive liquid and gaseous effluent monitoring; concentration, dose, and treatment of liquid, gaseous, and solid waste; total dose; and a radiological environmental monitoring that consists of a monitoring program, a land use census, and an interlaboratory
-comparison program. The proposed changes also include the bases that support the operation and survei11ance requirements. Changes in administrative controls, dealing specifically with the process control program and the offsite dose calculation procedure, are also proposed.
The changes are consistent with the revision to Appendix I to 10 CFR Part 50, requiring licensees to improve and modify their radiological effluent systems in a manner that would keep releases of radioactive material to unrestricted areas during nomal operation as low as is reasonable achieveable.
l In complying with this requir ent it became necessary to add the new restric-i tions and controls to the Technical Specifications as described above. This proposed change is similar to example (ii) of 45 FR 14870 in that the proposed change provides additional restrictions and controls not presently included in the Technical Specifications. On this basis, the NRC proposes to detemine that the change does not involve a significant hazards consideration since i
the changes incorporate addition of restrictions and controls that are not f
currently included in the Technical Specifications to meet the Connission-mandated "as low as is reasonably achievable" effluent release objectives.
I The Conmission'is seeking public comments on this proposed determination.
Any comments received within 30 days after the date of publication of this notice will be considered in making any final detemination. The Commission will not normally make a final determination unless it receives a request for a hearing.
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4-Coments should be addressed to the Secretary of the Commission, U.S.
Nuclear Regulatory Comission, Washington, D.C. 20555, Attention:
Docketing and Service Branch.
By
_ July 11, 1985, 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 Comission's Rule of Practice for i
Domestic Licensing Proceedings" in 10 CFR P' art 2.
If a request for a hearing
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or petition for leave to intervene is filed by the above date, the Comission
.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 proceedi.ng. The petition should specifically explain the reasons why intervention should be pemitted with particular reference to the following factors:
(1)thenature 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 a
. interest in the proceedings; and (3) the possible effect of any order which may be entered in the proceeding on the petitioner's interest. The petition 4
should also identify the specific aspect (s) of the subject matter of the
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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 e
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 J
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 a
party.
Those admitted to intervene become parties to the proceeding, subject to t
any limitations in the order granting leave to intervene, and have the j
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
't on the issue of no significant hazards consideration. The final detennination 1
willservetodecibewhenthehearingisheld.
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J If the final determination is that the amendment request involves no significant hazards determination, the_ Commission 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 determination is that the amendment involves a significant hazards consideration, any hearing held would take place before the issuance of any amendment.
i 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 Commision may issue the
- license amendment before the expiration of the 30-day notice period, provided
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that its final determination is that the amendment involves no significant hazards consideration. The final determination will consider all public and
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State comments received. Should the Commission take this action, it will publish a notice of issuance and provide for opportunity-for a hearing after issuance. The Commission expects that the need to take this action will occur very 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, t
Washington, D.C. 20555, Attention: Docketing and Service Branch, or may be i,
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V delivered to the Commission's Public Document Room, 1717 H Street, N.W.,
j 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 inform the Commission 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 G. Knighton: petitioner's name and telephone number; date petition was mailed; plant name; and publication date and page number of j
this FEDERAL REGISTER Notice. A copy of the petition should also be sent to the Executive Legal Director, U.S. Nuclear Regulatory Commission, Washington, m
D.C. 20555, to Philip A,. Crane, Esq., Richard F. Locke, Esq., Pacific Gas &
Electric Company, P.O. Box 7442 San Francisco, California 94120 and to Bruce Norton, Esq., Norton, Burke, Berry and French, P.O. Box 10569, Phoenix, Arizona 85064.
Nontimely filings of petitions for leave to intervene, amended petitions.
supplemental petitions and/or requests for hearing will not be entertained L
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. absent a determination by the Commission, the presiding officer of 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. The determination will be based upon a balancing of the factors specified in 10 CFR 2.714(a)(1)(1)-(v) and 2.714(d).
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8-For further details with respect to this action, see the applications for amendment dated Ja.nuary 30, April 12 and 24, and May 14, 1985 which are available for public inspection at the Commission's Public Document Room, 1717 H Street, N.W., Washington, D.C., and at the California Polytechnic State University Library, Documents and Maps Department, San Luis Obispo, California 93407.
Dated at Bethesda, Maryland, this 5th day of June,1985. '
FOR THE NUCLEAR REGULATORY COMMISSION n 12 n
George W. d ighton Ichief M '
Licensing Branch No. 3
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Division ~of Licensing r
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