ML20128H527
| ML20128H527 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 06/11/1985 |
| From: | Knighton G Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML19298B008 | List: |
| References | |
| NUDOCS 8507100081 | |
| Download: ML20128H527 (9) | |
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7590-01 UNITED STATES NUCLEAR REGULATORY COMMISSION PACIFICGASANdELECTRICCOMPANY DOCKET NO. 50-275 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO em FACILITY OPERATING LICENSE AND PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION i
AND OPPORTUNITY FOR HEARING The U.S. Nuclear Regulatory Connission (the Commission) 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, and which supercedes application dated January 30, 1985, the proposed change would l_
revise Sections 4.8.1.1.2, 4.8.1.1.3 and 4.8.1.1.4 of the Diablo Canyon Unit 1 Technical Specifications, in " Electrical Power Systems, Surveillance
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Requirements" which specifies the surveillance test requirements for the fuel oil used by the emergency diesel generator at Diablo Canyon.
Reliable' diesel operation requires fuel oil that is substantially free of water and impurities.
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The present technical specification requires sampling of the fuel ojl in the i,
i fuel storage tank quarterly to test for water and sediment, with additional tests to determine water, sediment content and viscosity prior to adding new l
fuel to the storage tanks. A further test for insoluble contaminants is required withIn 2 weeks of adding new fuel to the storage tank.
8507100001 850614 PDR ADOCK 05000275 i
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-o The changes incorporate new surveillance requirements design to maintain the level of confidence in testing the quality of the diesel fuel oil. The proposed surveillance requirements provide for:
(1)checkinganddraining accumulated water from the day tanks monthly and after each extended diesel run; (2) monthly checking and draining of water from the underground fuel
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" storage tank:
(3) sampling new fuel oil and analyzing it for specific gravity, viscosity, flash point, appearance, and impurities prior to its addition to the storage tanks; and (4) testing a sample of stored fuel oil for particulate contaminants monthly.
Before issuance of the proposed license amendment, the Comission will have made findings required by the Atomic Energy Act of 1954, as amended (the Act) and the Comission's regulations.
The Comission has made a proposed determination that the amendment request involves no significant hazards consideration. Under the Comission'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 possiblity of a new or different kind of accident from any accident previously evaluated; or (3) involve a significant reduction in a margin of safety.
The NRC staff proposes to determine that the proposed changes do not involve significant hazards considerations.
In this regard, the Commission has provided guidance doncerning the application of standards for determining 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 (1) relates to a purely
administrative change to the technical specifications: for example, a change to achieve consistency throught the technical specifications, a correction of -
an error, or a change in nomenclature. Example (vi) relates to a change which either may result in some increase to the probability or consequences of a previously - analyzed accident or may reduce in some way a safety margin, but
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"where the results of the change are clearly within all acceptable criteria with respect to the system ora omponent specified in the Standard Review Plan: for example, a change resulting from the application of a small refinement of a previously used calculational model or design method. The proposed changes are similar to these examples. Onthisbasis,itisproposedthatthesechangesdo not involve significant hazards consideration. The following is a description of the proposed changes and how each is similar to one of the examples of 48 FR 14870.
Unit I and Unit 2 will, upon issuance of a full power license for Unit 2, have a combined set of technical specifications. The specification for Unit 2 f
diesel fuel oil su'rveillance now, and in the full power technical specifications, I
is the same as is proposed for Unit 1.
Thus, this proposed change achieves consistency with the Diablo Canyon, Unit 2 Technical Specifications in this area, within the meaning of example (i).
In addition, the proposed change provides i
new surveillance requirements for the diesel fuel oil which are consistent with the NRC Staff's present position related to testing of diesel fuel oil including Regulatory Guide 1.'37.
The proposed surveillance requirements maintain the level of confidence in diesel fuei oil quality testing by providing acceptable alternate tests not required in the licensee's present technical specifications, and therefore can assure that the diesel fuel oil continues to satisfy its
acceptance criteria.
In this regard, such alternate requirements come within the meaning 'of example (vi) in that the requirements are clearly within all acceptable criteria of Section 9.5.4 of the Standard Review Plan.
The Comission is seeking public comments on this proposed determination.
' Any coments received within 30 days after the date of publication of this notice will be considered in making any final detennination. The Comission will not normally makd a final determination unless it receives a request for a hearing.
Coments should be addressed to the Secretary of the Comission, U.S.
Nuclear Regulatory Comission, Washington, D.C. 20555, Attention: Docketing and Service Branch.
By July 17, 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 intervens. Request for a hearing and petitions for leave to intervene shall be filed in accordance with the Comission's Rule of Practice for Domestic Licensing Proceedings" in 10 CFR Part 2.
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 Licensing Board Panel, will rule on the 4
request and/or petition and the Secretary or the designated Atomic Safety and I
Licensing Board will issue a notice of' hearing or an appropriate order.
As reauired by 10 CFR 2.714, a petition for leave to intervene shall set
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' 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 nature 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 interest in the proceedings; and (3) the possible effect of any order which i
may be entered in the proceeding on the petitioner's interest. The petition should also identify the specific aspect (s) of the subject inatter 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 fifteen (15) days prior to the first prehearing conference scheduled in the proceeding, but such an amended petition must satisfy the specificity requirements described above.
Notlaterthanfifteen(15)dayspriortothefirstprehearingconference 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 within the scope of the amendment under considerations. A petitioner who fails to file such a supplement which satisfies these requirements with respect to at leastonecontenti$nwillnotbepermittedtoparticipateasaparty.
Those permitted to intervene become parties to the proceeding, subject to any limitations in the order granting leave to intervene, and have the oppor-
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tunity 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 Comission will make a final determination on the issue of no significant hazards consideration. The final detemination will serve to decide when the hearing is held.
If the final detemination is that the amendment request involves no significant hazards determination, the Comission 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 detennination is that the amendment involves a significant E
L-hazards consideration, any hearing held would take place before the issuance of any amendment.
Norma'ly, the Comission 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 Comision may issue the license amendment'before the expiration of the 30-day notice period, provided that its final detennination is that the amendment involves no significant l
hazards consideration. The final detemination will consider all public and State coments received. Should the Comission take this action, it will publish a notice of issuance and provide for opportunity for a hearing after issuance. The Comission 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 Comission, U.S. Nuclear Regulatory Comission, J
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- 4 Washington, D.C.'20555, Attention: Docketing and Service Branch, or,may be delivered to the Commission's Public Document Room, 1717 H Street, N.W.,
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 i
promptly so inform the Comission by a toll-free telephone call to Western
"'Unionat(800)325-6000(inMissouri(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 this FEDERAL REGISTER Notice. A copy of the petition should also be sent to the Executive Legal Director, U.S. Nuclear Regulatory Commission, Washington, y
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 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 4
granting of a late petition and/or reauest. The detemination will be based i
upon a balancing of the factors specified in 10 CFR 2.714(a)(1)(1),(v) and 2.714(d).
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For further details with respect to this action, see the application for amendment which is 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 lith day of
- June, 1985.
FOR THE NUCLEAR REGULATORY COMMISSION Od ?;:r!Qnid by:
2 Cccis W. indghtca George W. Knighton, Chief Licensing Branch #3 Division of Licensing
- Previous concurrences concurred on by*:
w/o legal objection subject to change noted I
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/ the Executive Legal Director, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555, to Philip A. Crane, Esq., Richard F. Locke, Esql,'p Pacific Gas &
Electric Company, P.O. Box 7442, San Francisco, Califorp 94120 and to Bruce Norton, Esq., Norton, Burke, Berry and French /P.O. Box 10569, Phoenix, Arizona 85064.
Nontimely filings of petitions for leave / o intervene, amended petitions, t
supplemental petitions and/or requests for hearing will not be entertained absent a determination by the Commissio, 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 su antial showing of good cause' for the
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granting of a late petition and or request. The determination will be based upon a balancing of the fact s 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 which is ava lable for public inspection at the Comission's Public
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Document Room, 1717/H Street, N.W., Washington, D.C., and at the California p
Polytechnic State' University Library, Documents and Maps Department, San Luis Obispo, Californ'ia 93407.
Dated at ethesda, Maryland, this day of 1985.
j' FOR THE NUCLEAR REGULATORY COMMISSION
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George W. Knighton, Chief Licensing Branch #3 Division of Licensing y
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