ML20128Q729
| ML20128Q729 | |
| Person / Time | |
|---|---|
| Site: | 05000000, Prairie Island |
| Issue date: | 07/08/1983 |
| From: | Clark R Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML20127A737 | List:
|
| References | |
| FOIA-84-794 NUDOCS 8506040284 | |
| Download: ML20128Q729 (7) | |
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7590-01 UNITED STATES NUCLEAR REGULATORY COPNISSION
@RTHERN STATE 5' POWER COMPANY DOCKET NOS. 50-282 AND 50-306 NOTICE OF CONSIDERATION OF ISSUANCE OF ANENOMENT TO FACILITY OPERATING LICENSE AND PROPOSED NO SIGNIFICANT HAZARDS,
CONSIDERATION DETERMINATION AND OPPORTMITY FOR HEARING The U. S. Nuclear Regulatory Comission (the Comission) is considering issuance of amendments to Facility Operating License Nos. OPR-24 and DPR-60, issued to Northern States Power Ccmpany (the licensee), for operation of the Prairie Island Nuclear Generating Plant Unit Nos.1 and 2 located in Goodhue County, Minnesota.
The amendments would change the limit of the core local heat flux ratio F(, from 2.21 to 2'.32, allowing a localized linear heat generation rate increase from 14.31 to 15.02 kw/ft which includes a 1.02 factor for power uncertainty.
In addition the definition of Fk would be changed from a x
neutron flux comparison to heat flux comparison derived from measured neutron flux and fuel enrichment.
The amendments would not consider the increase in peak fuel pellet exposure from 51 to 55 GWD/MTU. This matter will be the subject of a separate notice.
Before issuance of the proposed license _ amendments, the Comission will have made findings required by the Atomic Energy Act of 1954, as amended (the Act), and the Comission's regulations.
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759Q,01
, i accordance with the proposed amendments 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 licensee's analysis, under various accident scenarios, shows that the electrical equipment insid.e containment could be subjected to an environment having a pH of 13 during the injection phase under the existing requirements permitted by the technical specification.
This exceeds a pH of 10.5, the environmental pH limit to which the electrical equipment inside the containment is qualified.
Re-ducing the sodium hydroxide concentration assures that an acceptable environmental pH limit for the electrical equipment inside containment will not exceed a pH of 10.5 at any time. The proposed change is consistent with the Final Safety Analysis Report for the Prairie Island. Nuclear Generating Plant Unit Nos. 1 and 2.
The proposed change is consistent with the gu'idelines,of the Standard Review Plan with the following exception.
To be sure that iodine remains hydrolized in the event of a large break LOCA, the Standard Review Plan requires a minimum sump pH of 8.5 The licensee's analysis indicates, under normal tank levels, that the proposed solution concentration would result in a sump pH of 8.4 and only under worst case conditions could a pH of 8.2 exist.
However, since elemental iodine is nearly completely hydrolized at pH levels of 8.0 and above, the staff has concluded that a pH of 8.2 at the sump will not likely result in a significant reduction in the margin of safety.
The proposed amendments would also allow the licensee 72 hours8.333333e-4 days <br />0.02 hours <br />1.190476e-4 weeks <br />2.7396e-5 months <br /> to correct the concentration when found outside the technical specification limits before requiring a plant shutdown.
Such an allowance is consistent with standard practice for such a technical specification limit in
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7590-01,,
- order to permit the licensee a reasonable time period to take the. corrective actions necessary to achieve an acceptable concentration before requiring a plant shutdown. Therefore, based on these considerations, the Commission has made a proposed determination that the amendment request involves no signi-ficant hazards consideration.
The Commission is seeking public comments on this proposed detemination.
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 nomally make a final detemination unless it receives a request for a hearing.
Comments should be addressed to the Secretary of the Commission, U.S.
Nuclear Regulatory Commission, Washington, D.C.
20555', Attn:
Docketing and Service Branch.
By AUG 15 1983
, the licensee may file a request for a hearing with respect' to issuance of the amendments to the subject Yacility operatin9 licenses 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 Commission's " Rules 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 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.
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7590-01
_4 As required by 10 CFR 52.714, 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 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. 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 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.
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 shalI be limited to matters within the scope of the amendments 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 perinitted to participate as a party.
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7590-01 '
- Those pemitted 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 detemination on the issue of no significant hazards consideration. The final detemina-tion will serve to decide when the hearing is held.
If the final detemination is that the amendment request involves no significant hazards consideration, the Commission may issue the amendments and make them effective, notwithstanding the request for a hearing. Any
.I hearing held would take place after issuance of the amendments.
If the final 'detemination is that the amendments involve a significant hazards consideration, any hearing held would take place before the issuance of any amendments.
Nomally, the Commission will not issue the amendments until the expir-ation 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 may issue the license amendments before the expiration of the 30-day notice period, provided that its final detemination is that the amendments involve no significant hazards consideration. The final detemination will consider all public and 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.
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7590-01 s 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, 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 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 Robert A. Clark:
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, D.C.
20555, and to Gerald Charnoff, Esq., Shaw, Pittman, Potts and Trowbr.idge, 1800 M Street, N.W., Washington, D. C.
20036, 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 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. That determination will be based upon a balancing of the factors.specified in 10 CFR 2.714(a)(1)(1)-(v) and i
2.714(d).
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7590-01 i
__ For further details with respect to this action, see the application for amendments which is available for public inspection at the Comission's Public Document Room, 1717 H Street, N.W., Washington, D.C., and at the
- Environmental Conservation Library,, Minneapolis Public Library, 300 Nicollet Mall, Minneapolis, Minnesota.
Dated at Bethesda, Maryland, this 8th day of July,1983.
FOR THE NUCLEAR REGULATORY COMMISSION
,[kk Robert A. Clark, Chief Operating Reactors Branch #3 Division of Licensing 1
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UNITED STATES NUCLEAR REGULATORY COMISSION NORTHERN STATES POWER COMPANY DOCKET NOS. 50-282 AND 50-306 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDENT TO FACILITY OPERATING LICENSE AND PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION AND OPPORTUNITY FOR HEARING The U. S. Nuclear Regulatory Commission (the Commission) is con,sidering
' issuance of amendments to Facility Operating License Nos. DRP-24 and DPR-60, issued to Northern States Power Company (the licensee), for operation of the PrairieIslandNuclearGeneratingPlantUnitNos.1and2.kocatedinGoodhue County,-Minnesata.
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The amendments would permit a change of the sodium hydroxide concentration in the spray additive tank of the containment spray system from the existing 30% by weight to a range of 9% to 11% byweight, inclusive.
In addition, the amendments would permit the concentration to be.out of specification limits for a period not to exceed 72 hours8.333333e-4 days <br />0.02 hours <br />1.190476e-4 weeks <br />2.7396e-5 months <br /> at which time the licensee would have to initiate shutdown procedures. These revisions to the technical specifications would be
.made in response to the licensee's application for amendment dated June 10, 1983.
Before issuance of the proposed license amendments, the Commission will have made findings required by the Atomic Energy Act of 1954, as amended (the j
Act), and the Comission's regulations.
The Commission has made a proposed detennination 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 hhf
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759Q,01 f
i accordance with the proposed amendmentswould not (1) involve a significant 6
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 licensee's analysis, under various accident scenarios, shows that the electrical equipment inside containment could be subjected to'an environment havirg a pH of 13 during the injection phase under the existing requirements permitted by the technical specification.
This exceeds a pH of 10.5, the environmental pH limit to which the electrical equipment inside the containment is qualified. Re-ducing the sodium hydroxide concentration assures that an acceptable environmental pH limit for the electrical equipment inside containment will not exceed a pH of 10.5 at any time. The proposed change is consistent with the Final Safety Analysis Report for.the Prairie Island Nuclear Generating Plant Unit Nos.1 and 2.
The proposed change is consistent with the guidelines of the Standard Review Plan with the following exception. To be.sure that iodine remains hydrolized in the
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event of a large break LOCA, the Standard Review Plan requires a minimum sump pH of 8.5 The licensee's analysis indicates, under normal tank levels, that the proposed solution concentration would result in a sump pH of 8.4 and only under worst case conditions could a pH of 8.2 exist. However, since elemental iodine is nearly completely hydrolized at pH levels of 8.0 and above, the staff has concluded that a pH of 8.2 at the sump will not likely result in a significant
' reduction in the margin of safety.
The proposed amendments would also allow the licensee 72 hours8.333333e-4 days <br />0.02 hours <br />1.190476e-4 weeks <br />2.7396e-5 months <br /> to correct the concentration when found outside the technical specification limits before requiring a plant shutdown.
Such an allowance is consistent with standard practice for such a technical specification limit in
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7590-01,,
3 order to permit the licensee a reasonable time period to take the'. corrective actions necessary to achieve an acceptable concentration before requiring a plant sh'utdown. Therefore, based on these considerations, the Commission has made a proposed determination that the amendment request involves no signi-ficant hazards consideration.
The Commission is seeking public comments on this proposed detemination.
Any comments received within 30 days after the date of publica~ tion of this notice
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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.
Comments should be addressed to the Secretary of the Commission, U.S.
Nuclear Regulatory Commission, Washington, D.C.
20555', Attn:
Docketing and Service Branch.
By AUG 15 1983
, the licensee may file a request for a hearing with respect to issuance of the amendments to the subject Jacility operating licenses 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 Commission's " Rules 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 Commission or an Atomic 4
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.
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7590-01
. As required by 10 CFP. 52.714, 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 nature o'f 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 proceeding; and (3) the possible effect of any order which may be entered in the proceeding o'n 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 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.
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 I
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 theamendments 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 pemitted to participate as a party..
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E 7590-01 '
. Those pemitted 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 detemination on the issue of no significant hazards consideration. The final detemina-tion will serve to decide when the hearing is held.
If the final.detemination is that the amendment request involves no significant hazards consideration, the Commission may issue the amendments and make them effective, notwithstanding the request for a hearing. Any hearing held would take place after issuance of the amendments.
If the final ' determination is that the amendments involve a significant hazards consideration, any -hearing held'would take place before the issuance of'any amendments.
Normally, the Commission will not issue the amendments until the expir-ation 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 1
may issue the license amendments before the expiration of the 30-day notice period, provided that its final detamination is that the amendments involve no significant hazards consideration. The final determination wiil consider all public and State comments received. Should the Commission take this action, it will publish a notice of issuance and provide for opportunity i
for a hearing after issuance. The Commission expects that the need to 4
take this action will occur very infrequently.
1
iw 7590-01 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, 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 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 Robert A. Clark:
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,
~D.C.
20555, and to Gerald Charnoff, Esq., Shaw, Pittnfan, Potts and Trowbridge, 1800 M Street,.N.W., Washington, D. C.
20036, 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 detemination by the Commission, the presiding officer or the Atomic l
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. That 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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7590-01
__ For further details with respect to this action, see the application for amendments which is available for public inspection at the Comission's Public Document Rcwi, 1717 H Street, N.W., Washington, D.C., and at the Environmental Conservation Library,, Minneapolis Public Library, 300 Nicollet Mall, Minneapclis, Minnesota.
Dated at Bethesda, Maryland, this 8th day of July,1983.
FOR THE NUCLEAR REGULATORY COMMISSION
'hW Robert A. Clark, Chief Operating Reactors Branch #3 Division of Licensing e
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.f Ai UNITED STATES NUCLEAR REGULATORY COMMISSION WISCONSIN ELECTRIC POWER COMPANY DOCKET NOS. 50-266 AND 50-301 NOTICE OF CONSIDERATION OF ISSUANCE OF AMEN 0 MENT TO FACILITY OPERATING LICENSE AND PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION AND OPPORTUNITY FOR HEARING The U. S. Nuclear Regulatory Commission (the Commission) is considering issuance of-an amendment to Facility Operating License Nos. OPR-24 and DPR-27,
. issued to Wisconsin Electric Power Company (the licensee), for operation of the Point Beach Nuclear Plant Units 1 and 2 located in the Town of Two Creek's, Mani-towoc County, Wisconsin.
The amendment would revise the surveillance interval for evaluating the leakage integrity of post-accident recovery systems outside containment in accorcance with the licensee's application for amendment dated December 23, 1983.
Before issuance of the propossd license amendment, the Commission will have made findings required by the Atomic Energy Act of 1954, as amended (the f
Act) and the Commission's regulations.
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q o The Cocinission 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.
On July 2,1980 all pressurized water reactor licensees were sent guidance in the form of model technical specifications in order to provide reasonable assurance that facility operation would be maintained within the limits deter-mined acceptable following implementation of the TMI-1 Lessons Learned Category "A" items.
In part, these model technical specifications included the surveil-lance requirement for integrated leak testing of systems outside containment that would or could contain highly radioactive fluid,s during a serious transient or accident "at a frequency not to exceed refueling cycle intervals." The Commission's guidance took into account that several licensees' refueling cycle intervals were at 18 month intervals.
The normal refueling interval for the Point Beach Nuclear Plant Units 1 and
~2 is approximately 12 months.
Wisconsin Electric Power Company (licensee) pro-posed a yearly surveillance frequency for evaluating the integrity of post accident recovery systems outside containment.
Slight deviations ( 25%) from' the yearly surveillance interval were allowed by previously existing technical specifications to accommodate small changes in the annual refueling outage i
dates.
At the time the licensee's proposed' technical specifications were
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reviewed and approved, the licensee did not anticipate conducting extended refueling' outages which might exceed the normal five-week duration.
Sub-sequent to the issuance of the technical specifications for evaluating the integrity 'of post-accident recovery systems outside containment, the licen-see has begun an extended refueling outage (six-months duration) on Point Beach Unit 1.
This also creates the need for Unit 2 to remain in a greater than 12 month operating cycle so as not to have both units shutdown' simul-taneously. Because of this, the licensee has requested changes to the wording of the surveillance frequency for evaluating the integrity of post-accident recovery systems to an inspection interval _ of "each refueling cycle." While the interval between inspections may, in unique situations (such as following an extended refueling outage), exceed the current yearly inspection interval, it is clearly within the guidelines proposed by the Comission in their July 2, 1980 letter to all licensees of pressurized water reactors.
For this reason, the staff proposes to determine that the amendments do not involve a signifi-cant hazards consideration.
The Comission is seeking public coments 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 determination.
The Comission will not normally make a final determination unless it receives a request for a hearing.
Coments should be addressed to the Secretary of the Comissi,on, U.S.
Nuclear Regulatory Comission, Washington, D.C.
20555, Attn:
Docketing and Service Branch.
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By March 19, 1984 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 Commission's " Rules of Practice for Domestic Licensing Proceeding's" in 10 CFR Part 2.
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 appro-priate order.
As required by 10 CFR 92.714, a petition for leave to intervene shall set forth with particularity the interest of the petitioner in the proceeding, i
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 proceeding; and. (3) the possible effect of any order whi.ch may be entered in the proceeding on the petitioner's int'erest.
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 e-i
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- 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.
Not later than fifteen (15) days prior t$ 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 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 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 determina-tion will serve to decide when the hearing is held.
9*
o 4 If the final determination is that the amendment request invc,1ves no significant hazards consideration, the Comission may iss.ue the amendment and make it effective, notwithstanding the request for a hearing.
Any i
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 l held would take place before the issuance 4
of any amendment.
Normally, the Comission will not issue the amendment until the expir-ation 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 Comission 5
may issue the license amendment before the expiration of the 30-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 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.
I 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, t
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Washington, D.C.
20555, Attention:
Docketing and Service Branch, or may be
- delivered to the Consnission'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 r
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 i
operator should be given.Datagram Identification Number 3737 and the following message addressed to James R. Miller, Chief, Operating Reactors Branch #3, Divi-sion of Licensing: petitioner's name and telephone number; date petition was i
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, D.C.
20555, and to-Gerald Charnoff, Esq., Shaw, Pittman,'Potts and Trowbridge,1800 M Street N.W., Washing-ton, D.C.
20036, 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 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.
That determination will be 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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1 For further details with respect to this action, see the application
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for amendment which is available for public inspection irt the Commission's Public Occument Room,1717 H Street, N.W., Washington, D.C., and at the Joseph P. Mann Public Library,1516 Sixteenth Street, Two Ri-vers, Wisconsin.
Dated'at Bethesda, Maryland this 9th day of February,1984.
FOR THE NUCLEAR REGULATORY COMMISSION James R. Miller, Chief Operating Reactors Branch #3 Division of Licensing t
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t 7990-01 UNITED STATES NUCLEAR REGULATORY COMMISSION 7
FLORIDA POWER AND LIGHT COMPANY f
gg DOCKET NO. 50-335 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE AND PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION AND OPPORTUNITY FOR HEARING The U. S. Nuclear Regulatory Connaission (the Comission) is considering issuance of an amendment to Facility Operating License No. OPR-6'7, issued to Florida Power and Light Company (the licensee), for operation of the St. Lucie Plant, Unit No.1, located in St. Lucie County, Florida.
The amendment would pennit operation with an improved and larger capacity 125 vcit DC battery system. The current system consists of two 1800 amp. hr.
batteries and three 300 ampere chargers.
The new system will consist of two 2160 amp. hr. batteries and five 300 ampere chargers. This modification to the existing system is needed because of increased loads that are being added during the cycle 6 refueling outage.
The amendment is supported by reference to the system installed in Unit 2 and its approved surveillance requirements.
The amendment will change the Technical Specifications with regard to surveillance requirements in a manner to make them similar to Unit 2 and incorporate the latest industry testing standards in accordance with the licensee's application dated February 16, 1983.
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 Commission's regulations.
~
The Comission 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 b
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7590-01.
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.
In NUREG-0737, " Clarification of TMI Action Plan Requirements" the Comission detailed the TMI-related items approved for implementation.
The requirements set forth in NUREG-0737, along with earlier correspondence with the licensee caused modifications to be made to the licensee's St. Lucie Plant, Unit No. I requiring an increased capacity in the DC distribution system.
The upgraded DC distribution system of Unit 1 is identical to the system used for St. Lucie Plant, Unit No. 2.
The changes to the surveillance requirements being imposed on the modified and improved DC distribution system is not significantly different than those previously reviewed and approved at this facility.
The staff, therefore -proposes to determine that the application does not involve a significant hazard since it will apply to the same 125 volt DC distribution system as approved for the operation of Unit 2 and it will make the Unit 1 Technical Specifications similar to those approved Unit 2 operation.
l The Commission is seeking public coments 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 determination.
The Comission will not normally make a final determination unless it receives a request for a hearing.
Coments should be addressed to the Secretary of the Comission, U. S.
i l
Nuclear Regulatory Comission, Washington, D. C.
20555, Attn:
Docketing and Service Branch.
l
-7590-01 3-By July 6,1983, 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 Commission's " Rules 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 Commission or an Atomic Safety and Licensing Board, designated by the Corsaission or by the Chainnan 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 52.714, 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 pennitted 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 s
l _
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
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a 7590-01,
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.
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 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 party.
- Those permitted to intervene become parties to the proceeding, subject l
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 ' onsission will make a final determination C
on the issue of no significant hazards consideration.
The final determina-l tion will serve to decide when the hearing is held.
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i 7590-01 1 If the final deterinination is that the amendment request involves no significant hazards consideration, the Coussission 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.
Normally, the Connaission will not issue the amendment until the expir-ation 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 Conunission mai issue the license amendment before the expiration of the 30-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 Conunission take this action, it will publish a notice of issuance and provide for opportunity i
for a hearing after issuance.
The Conudssion expects that the need to l
l
.take this action will occur very infrequently.
A request for a hearing or a petition for leave to intervene nast be l
l filed with the Secretary of the Conunission, U.S. Nuclear Regulatory Conunission, i
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7590-01 6-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, 0.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 Robert A. Clark:
petitioner's name and telephone numoer; date petition was mailed; plant name; and publication date and page numoer of this FEDERAL REGISTER notice.
A copy of the petition should also be s'ent to the Executive Legal Director, U.S. _ Nuclear Regulatory Commission, Washington, D.C.
20555, and to Harold F. Reis, Esquire, Lowenstein 1ewman, Reis and Axeirac, 1025 Connecticut Avenue, N.W., Washington, D.C.
20036, 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 deterwination by the Commission, the presiding officer or 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.
That determination will be based upon a balancing of the factors specified in 10 CFR 2.714(a)(1)(1)-(v) and 2.714( d).
G
7590-01 For further details with respect to this action, see the application for amendment which is available for public inspection at the Comission's Public Document Room,1717 H Street, N.W., Washington, D.C., and at the. Indian River Junior College Library, 3209 Virginia Avenue, Fort Pierce, Florida.33450.
Dated'at Bethesda, Maryland, this 25th day of "ay,1903.
FOR THE NUCLEAR REGULATORY COMMISSION wY k
G obert A. Clark, Chief Operating Reactors Branch #3 Division of Licensing s
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(7590-01)-
UNITED STATES NUCLEAR REGULATORY COMMISSION
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FLORIDA POWER AND LIGHT COMPANY, ET AL f
IN
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DOCKET NO. 50-389 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO j
FACILITY OPERATING LICENSE AND PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DEIERMINATIQN AND OPPORTUNIT) FOR HEARING 1
l The U. S. Nuclear Regulatory Commission (the Comission) is considering issuance of an amendment to Facility Operating License No. NPF-16, issued to j
Florida Power and Light Company (FP&L), Orlando Utilities Commission of the City of Orlando, Florida and Florida Municipal Power Agency ('the Licensees), for j
operation of the St. Lucie Plant, Unit 2 located in St. Lucie County, Florida.
The amendment would change the natural circulation cooldown and baron mixing tests to be performed at ffrst refueling instead of at the completion of startup testing in accordance with the licensee's application for amendment dated July 7,1983, and received on July 15, 1983.
It should be noted that test-i ing would only be performed if a similar test to be performed at the San Onofre 2-i i
f plant is found not to be applicable to St. Lucie (.
This is required per licens2 condition 2.C.7.
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)
I and the Commission's regulations.
0 l
The Commission has made a proposed determination that the amendment request i
i involves no significant hazards consideration.
Under the Commission's regula-tions in 10 CFR 50.92, this means that operation of the facility in accordance i
with the proposed amendment would not (1) involve.a significant increase in the
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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.
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The Commission has provided guidance for the application of these criteria by 'providing examples of amendments that are considered not likely to involve a significant hazards consideration (48 FR 14870).
One. such example (see example (vi) of 10 CFR 50.92) is a change which either may result in some increase to the probability' or consequences of a previously-analyzed accident or may reduce in I
some way a safety margin, but where results of the change are clearly within all acceptable criteria with respect to the system or component specified in the Standard Review Plan (SRP). The change being proposed by the licensee is within all acceptable criteria with respect to the systems specified in the SRP.
~
The issue pertaining to the natural circulation and boron mixing tests of the St. Lucie Plant Unit 2 was first identified and addressed in the SER (October, 1981). The staff documented in.the SER the acceptability of the Florida Power and Light (FP&L) commitment to perform the tests during their power escalation program if the data from a similar test at San Onofre 2 was not applicable.
When delays in the San'Onofre 2 tests occurred, FP&L formally requested in an October 8,1982 letter approval to change their commitment to pr'ior to exceeding fifty percent of rated thermal power. The staff found this acceptable and documente
~
it in SSER 3 (April 1983).
Again, when additional delays in the. San Onofre tests occurred, FP&L formally requested in. a June 9,1983 letter approval to reschedule meeting their coimitment to the end of start-up testing.
The staff documented their acceptability of this comitment in SSER 4 (June 1983).
Further delays in the San Onofre 2 tests have 9Cctrred.
FL&P has submitted by letter dated July 7,1982 a request for aprdNi to extend their comitment to prior to restart following the first reft,t'. in3
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i The staff considers that none of these changes involve a safety concern.
The implementation of the San Onofre 2 or St. Lucie 2 tests primarily serve to confirm the results of the analysis which the staff has reviewed, evaluated, found acceptable and documented in the SER and SSER. The previously specifled
' dates that were documented in the SER. and SSER for these tests were selected only to provide timely confirmation.
While the test results should be provided in a timely manner, they are not required prior to completing the startup test program in order to assure safe operation of the facility.
Furthermore, the natural circulation cooldown event which occurred at St. Lucie Unit 1 in 1977 demonstrated that the reactor coolant system can be promptly borated and the plant shutdown without endangering the health and safety of the public.. St. Lucie Unit 2.is essentially identical to St. Lucie Unit 1;.
therefore, it is considered that the plant procedures and systems are such that similar results would be expected on St. Lucie Unit 2.
The staff is also confident that the test scheduled to be performed at San Onofre 2 will be applicable to St. Lucie 2, and therefore, would mot require the test to be performed by FP&L.
It is for these reasons the staff finds acceptable that the St. Lucie demonstration be: performed no later than first refueling.
Based on the above it is determined that this amendment request involves no significant hazards consideration.
The Comission is seeking public coments 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 determination.
The Comission will not nomally make 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, ATTN: Docketing and Service Branch.
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By,
August 29. 1983, the licensee may file a request for a hearing with respect to issuance of the amendmen't to the subject facility.
cperating 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 kritten
~~....I patition for, leave to intervene. Request for a hearing and petitions for I
leave to intervene shall be filed in accordance with the Commission's " Rules 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 Commission or an Atomic Safety and ' Licensing Board, designated by the Comm ssion 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 i notice of. hearing or an appro-priate order.
As required by 10 CFR 52.714, a petition for leave to intervene shall sst forth with particularity the interest of the petitioner in the proceeding, and how that interest my be affected by the results of the proceeding.
The p5tition should specifically. explain the reasons why intervention should be parmitted 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 proceeding; and (3) the possible effect of any order which may be entered in the proceeding on the petitioner's interest.
The petition i
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
- 7' i
5
~
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 i
(15) days prior to the first prehearing conference scheduled in the proceeding,
- i but such an amended petition must satisfy the specificity requirements described chove.
j 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 whiqh must include a list of the contentions which are sought l
r to be litigated;in the matter, and the bases for eac,h contention set forth
. ith reasonable specificity.
Contentions shall be limited to matters within w
the scope'of the amendment under " consideration.' A petitioner who fails 'to '
/
file such a supplement which satisfies these requirements with respect to
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at least one contention will not be pennitted to participate as a party.
Those permitted to intervene become parties to the proceeding, subject e
to any limitations in the order granting leave to intervene, and have the cpportunity 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 detennination cn the issue of no significant hazards consideration.
The final determina-I tion will serve to decide when the hearing is held.
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9
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If the final determination is that the amendment r,equest involves no significant hazards consideration, the Commission may issue the amendment cnd make it effective, notwithstanding the request for a hearing.
Any hearing held would 'take place after issuance of the amendment..
I[ the final determination is tha't the amendment invol'ves a significant.
hazards chnsidera, tion, any hearing held would take place before the issuance l
I
.of any amendment.'
Nonnally, the Commission will not issue the amendment until the expir-ction 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 l'icense. amendment before the expiration of the 30-day notice period, provided that its final detenninatio'n is that the amendment involves n'a significant hazards consideration.
The final detennination will consider all public and 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, 4
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Washington, D.C. 20555, Attention: Docketing and Service ' Branch, or may lie delivered to the Comission'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 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 George W. Knighton:
petitioner's name and telephone number; date petition was mailed; plant name; and publication date and page number of this FEDERAL REGISiER notice. A copy of the petition should also be sent to the Executiire Legal Director, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555, and to Harold F. Reis, Esq., Lowenstein, Newman, Reis, Axelrad & Toll, 1025 Connecticut Avenue, N.W., Washington, D.C. 20036, attorney for the licensees.
i.
Nontimely filihgs of petitions for leave to intervene, amended petitions, supplemental petitions and/or requests for hearing will not be entertained absent a detennination by the Commission, the presiding officer or 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. That detennination will be based upon a balancing of the factors specified in 10 CFR 2.714(a)(1)(i)-(v) and
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2.714(d).
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For further details with respect to this action, see the applicatio.1 for asnendment which is available for public inspection at the Comission's Public Document Room,1717 h Street, N.li., i!ashington, D.C.., and at the Indian River Cos:munity College Library, 3209 ' Virginia Avenue, Ft. Pierce, Florida 33450.
Dated at Bethesda, tiarylano, this 27th day of July,1983.
F04 TiiE hbCLEM ilt.buLA10i!Y CLiseldSIOf2 Original sip 6:'!:y:
Georg3 W. Ki3!ilca Georne W. Knighton, Chief Licensing Branch No. 3 4)ivision of Licensing 1
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I Feder:I Register / V:1. 48. N:.184 / Wcdntsd;y. Sept mb;r 21. 1983 / N:tices 43111 NATIONAL FOUHDATION ON THE Komarkova. Dona,d B. Siniff. Frank S.
Before issuance of the proposed ARTS AND THE leUMANfTIES Todd. Wayne Triselpiece.
license amendment. the Commission i
losoph E. Bennett.
will have made findings required by the Visual Arta Advhcry Penel; Meeting Secrionmod. Polor Coordinotion and Atomic Energy Act of 1954. as amended Information section Division ofklar
-(the Act) and the Commission,a j'4 rn iw e-se to al e o issi n hashtade a proposed y
Ac L 92-463). notice s hereby g:ven that a
. udenn a n 6st se amdent me a meeting of the V :al Arts Advisory request involves no significant hazards consideration. Under the Commission's Panel to the Naninal Council on the NUCLEAR REGULATORY regulations in 10 CFR 50.92 this means.
Arts will be held bc October 74.1983.
COMMISSION that operation of the facility in from 9:30 a.m.-5fD p m in rcom 730 of the Nancy Hanks Center.1100 Docket No. 50-4 tg OL.; AS& 3P No. 83-490-accordance with the proposed o4 on.]
amendment would not:(1) involve a Pennsylvarus Avenue. NW..
significant incrosse in the probability or Washmaton. D C. 20506-Duquesne Ught Company, et at.
consequences of an accident previously This meetmg w,11 be open to the (Seaver Valley Power Station, Unit 20; evaluated: or (2) create the possibility of public on a space asai!able basis. The Order (Setting Time and Place of a new or different kind of accident from topics for discuss on will be FY 85 Special Prehearing Conference) any accident previously evaluated: o~ (3)
Orgamzational C adelines. FY 85/86 The special prehearing conference, involve a significant reduction in a Fellowship Guideknes. Report on Critics scheduled for October 12.1983. pursuant margin of safety.
Serninar and general policy issues.
to 10 CFR 2.75(a). will commence at 9:30 The Commission has provided Further information with reference to a.m. local time on that date in the guidance for the application of these this seenng can de obtained from Mr.
Allegheny County Courthouse of criteria by providing examples of John H. Clark. Advisory Committee Common Pleas (Gold Room). Courthouse amendments that are considered not Manaecment Offiber. National
& Grant Streets. Pittsburgh.
likely to involve a significant hazarde Endowment for t)le Arts. Washington.
- Pennsylvania. Should the conference not consideration (48 FR 14870). One sucb D C. 20506. or cau (202) 682-5433.
conclude on that date. It will continue to example (see example {i) of 10 CFR Deted Septembe, 11 2983 October 13.1983. at the Hearing Facility 50.92) is,a purely administrative chsnge of the U.S. Department of Labor. Suite to techrucal specifications; for example.
lohn 11 Clark.
290. Seven Parkway Center. Pittsburgh, a change to achieve consistency D. wm.- O" ce of CruncilandPanel Pennsylvania.
throughout the TS or correction of an opmions. Narent/ Endowmentfor the Arts.
It is so ortiered error. The purpose of the changes be ng in o. snesma ne s.:al For the Atomic Safety and Ucensing Board.
proposed by the licensee,and discussed
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'[ cation
- coorrsmans D
- a. Maryland. this 14th day and correct errors.The sections of the Morton B. Margulies.
TS changes are as follows:
NAT10NAL SC3EHCE FOUNDATION Chairman. AdministmtivelowJudge-A. Section.1.4.1 1-In the footnote.
[m Du aMsne FM N ao m) gg/ggg **and3.10.B**.
Permits issued 11wier the Antarctic
"'"' caos nos.4ws Initially, there was a Special Test Conservation Acd of 1978 Exception 3.111.6 to facilitate Natural IDocket No. 50-309]
Circulation Testing: however, due to the AGENCY: National Science Foundation.
approval of a less involved procedure Actiose Notice of permits issued under Florida Power and Ught Co., et al.;
for Natural Ciraalation Testing. the the AntarcticConservation Act of1978.
Consideration of Issuance of exceptions necessary to facilitate the Pub. L 95-541' l
Amendment to Facility Operating testing were incorporated into the I
Ucense and Proposed No Significant individual technical specifications and i
Hazards Consideration Determination the Special Test Excepten 3.10.6 was suneesaRY:The National Science and Opportunity for Hearing deleted. This reference to Special Test Foundation (NSF)hs required to publish notice of permits issued under the The U.S. Nuclear Regulatory Exception 3.10.6 was mistakenly left in t e text.
Antarctic Conserdation Act of1978. This Commission (the Commission)is is the required nobce of permits issued.
consideringissuance of an amendmer.t and the "135;7.1.6b-Change the,~56_
B 88Cf/08 4 l
to Facility Operating License No. NPF-Jo 4.2.
FOR FURTHER NePoRetATioN CoorTACT:
- 16. issued to Florida Power and Light Unlike most CE plants. St. Lucie does Charles E. Myers.' Permit Office.
Company (FP&L). Orlando Utilities not have main feedwater hne check Division of Polar Itograms. National Commission of the City of Orlando, valves and, as a result required a Science Foundatic n. Washington. D.C.
Flonda and Florida Municipal Power technical specification for the main l
20550. Telephone 1.'02) 357-7934.
Agency (the Ucensees), for operation of feedwater isolation valve. During the the St. Lucie Plant. Unit 2 located in St.
development of this technical SUPPLAtefarTARY 4WOnstATION:On july Lucie County. Florida.
specification the valve closure times for 21.1983. the Natidual Science The amendment would make several the Main Steam 1 solation Valves {MSIV)
Foundatwu publimbed a notice in the administrative and/or editorial changes was incorrectly inserted into the valve Federal Register oIpermit applications to the Technical Specifications (TS) for closure times for the Main 7eedwater received. On Septamber 9.1983 permite St. Lucie 2. in accordance with the Isolation Valves [MFIVal, which are were tsaued to: David G. Ainley. Arthur licensee's application dated June 17 required to close faster than the MSIVs.
L DeVnes. Willia n M. Hamner. Vera 1983.
This change wiIl make the valve closure i~
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i 43112 Feder:1 R: gist:r / Vol. 48. Ns.184 / Wsdnesd:y, Septsmb;r 21.1983 / Notic;s times for the MFIVs consistc'nt with the Washington.D.C.20555. A*ITN:
supplement which satisfies these safety analysis.
Docketing and Service Branch.
requirements with respect to at least one C. Sections 3.7.2. J.7.3a. 41.2 and By October 21.1963. the licensee may contention will not be permitted to j
Barcs JM 7.2-Change "275"fo "200".
file a request for a bearing with respect participate as a party.
also in Bases 34.7.2. change "30"to to issuance of the amendment to the Those permitted to intervene become l
"27.
subject facility operating license and parties to the proceeding. subject to any 1
The bases for the "275 psig" to "200 any person whose interest may be limitations in the order granting leave to i
psig" change in steam generator affected by this proceeding and who intervene, and have the opportunity to i
pressure is to ensure that pressure wishes to participate as a party in the participate fully in the conduct of the indit.ates : tresses in the steam generator proceeding must file a written petition hearing. includmg the opportunity to cf not exceed the fracture toughness of forleave to intervene. Request for a present evidence and cross. examine steam generator mattnals. The hearing and petitions for leave to witnesses.
pressure-temperature limits for the intervene shall be filed in accordance If a hearing is requested, the steam generators are reviewed in with the Commission's " Rules of Commission will make a final cccordance with the fracture toughness Practice for Domestic Ucensing determination on the issue of no requirements of Standard Review Plan Proceedings"in 10 CFR Part 2. If a significant hazards consideration. The (SRP) 5.4.2.1. " Steam Generator request for a hearing or petition for final determination will serve to decide Materials". In accordance with the SRP.
leave to intervene is filed by the above when the hearing is held.
the primary side steam generator date the Commission or an Atomic If the final determination is that the materials must meet the fracture Safety and Ucensing Board, designated amendment request invloves no toughness requirements of Appendix G.
by the Commission or by the Chairman significant hazards consideration. the 10 CFR Part 50. and that the secondary of the Atomic Safety and Ucensing Commission may issue the amendment side steam generator materials must Board Panel, will rule on the request and make it effective. notwithstanding meet the fracture toughness and/or petition and the Secretary or the the request for a hearing. Any hearing requirwnents of Section III. Subarticle designated Atomic Safety and ucensing held would take place after issuance of NC 2300 of the ASME Code. The Edition Boardavillissue a notice of hearing or the amendment.
cnd Addenda of the ASME Code an appropriate order.
If the final determination is that the applicable, to the secondary side As required by 10 CFR 2.714. a matenals is descnbed in Section 50-55a.
petition forleave to intervene shall set amendment involves a significant hazard h
held to CFR Part 50, as the 1980 Edition and forth with particularity the interest of 9} take plac b f re the is uance of Addenda through the Winter 1980 the petitionerin the proceeding and
.\\ddenda. Pressure-temperature limits.
how that interest may be affected by the "Q***jy *[ Commission will not v hich meet these code and regulatory results of the proceeding. The petition issue the arnendment until the requirements, will ensure that pressure should specifically explain the reasons d
induced stresses in the steam generator why intervention should be permitted Qpaono
, should r rn tances ange do not exceed the fracture toughness of with particular reference to the the steam generator materials. Our following factors:(1)The nature of the durin8 the notice Period such that failure review indicates that the pressure-petitioner's right under the Act to be to act in a timely way would resgt. for temperature limits proposed by the made a party to the proceeding:(2) the example, m, derating or shutdown of the licensee meet the fracture toughness nature and extent of the petitioner's facility, the Commission may issue the requirements of SRP 5.4.2.1. The reason property, financial, or other interest in license amendment before the for the 30* F to 20' F change is that the the proceeding: and (3) the possible expiration of the Way notice period, current limits are based on a steam effect of any order which may be provided that its final determination is generator RT,er of 20* F.
entered in the proceeding on the that the amendment involves no D. Section 6.9.J.10.--Delete the words petitioner's interest. The petition should significant hazards consideration. The "first half year" also identify the specific aspect (s) of the final determination will consider all The deletion of the words "first half subject matter of the proceeding as to public and State comments received.,
year" from the second footnote on page which petitioner wishes to intervene.
Should the Commission take this action.
6-20 is acceptable because we find this Any person who has filed a petition for it will publish a notice of issuance and change to be editorial, serving to clarify leave to intervene or who has been provide for opportunity for a hearing the statement in the footnote.
admitted as a party may amend the after issuance. The Comnussion expects Therefore, based on the discussion petition without requesting leave of the that the need to take this action will tbove and the three criteria cited above. Board up to fifteen (15) days prior to the occur very infrequently.
11is determined that the changes first prehearing conference scheduled in A request for a hearing or a petition proposed in this amendment request the proceeding. but such an amended for leave to intervene must be filed with involve no significant hazards petition must satisfy the specificity the Secretary of the Commission. U.S.
consideration.
requirements described above.
Nuclear Regulatory Commission.
The Commission is seeking public Not later than fifteen (15) days prior to Washington, D.C. 20555. Attention:
comments on this proposed the first prehearing conference Docketing and Service Branch. or may determination. Any comments received scheduled in the proceeding, a petitioner be delivered to the Commission's Public within 30 days after the date of shall file a supplement to the petition to Document Room.1717 H Street. NW.,
publication of this notice will be
. intervene which must include a list of Washington. D.C., by the above date.
considered in making any final the contentions which are sought to be Where petitions are filed during the last determination.The Commission will not litigated in the matter, and the bases for ten (10) days of the notice period. it is normally make a final determination each contention set forth with requested that the petitioner promptly so unless it receives a request for a reasonable specificity. Contentions shall inform the Commission by a toll-free heanng. Comments should be addressed be limited to matters within the scope of telephone call to Western Union at (a00) to the Secretary of the Commission. U.S.
the amendment under consideration. A 325-4000 in (Missouri (800) 342-6700).
Nuclear Regulatory Commission.
petitioner who fails to file such a The Western Union operator should be
a Federal Register / Vcl. 48. No.184 / Wedn:sdry. Sept:mber 21. 1983 / Nytices _
43113 given Datagram Identocanon Number of Technical Specification 4.4.= 1.2.s weight of the containment air per 24 3737 and the following message dunng the Erst 10 year service period to hours at design pressure (47.0 pois). The addressed to George W.Knashton:
permit the necend inservice integrated first Type "A" reteet resulted in a total petitioner's name and teleph'one leak rate test to be perfonned durmg the leakage at the 964 confidence level of number; date petition was mailed plant fifth refueling outage by addaag a 0.62 La.These results indicate a trend name; and publicat2on date and page footnote to the speca$ cation which toward a enore leak tight antainment number of this Federal Retpstar nonce.
raads: "'Ibe second meervice latagrated - structure.This is due to the
. A cop) of the petiuon ahdd also be Laak Rate Test shall be performed at the effectiveness of the hoensee's localleak sent io the F_xecutive lagt D: rector.
fifth refueling outage."in au:ordance
- rate test program since the most likely U.S. Nuclear Regulatory Commission.
with the twensee's application for leakage paths through the containment Washington. D.C. 20555 and to Harold amendment dated July 22.1988.
are the penetrations. A complete local F. Reis. Esq. Lowenstein. Newman.
Before issuance of the proposed leak rate test program was completed ca Rers. Axelrad a Tou.1025 Connecticut license amendment, the Commission all penetrations and valves requiring Avenue. NW.. Washmgton. D.C. 20036, will have made findmas required by the Type "B" and "C" testing during the attorney for the licensees Atomic Ene:Ey Act of1954.,as amended most recent refueling outage. At the er. I Nontirr.ely filings of petitions for leave (the Act), and the Commission's of thatoutage thecombinedleakage to intervene, amended petitions, regulations.
from all Type "B" and "C" penetranons supplemental petitions and/or requests The Commission has made a proposed and valves was well within the for heanns will not be entertamed determination that the amendment allowable limit of 0.6 La. Further. Unit
- a. sent a determmanon by the request mvolves no significant hazards Commission. the prestdmg officer or the consideration. Under the Commission s No. t has not experienced any unusual Atomii. Safety and Ucensing Board regulations in10 CFR 50.92 this means temperature or pressure excursions with designated to rule on the pennon and/or that operation of the facility in the Reactor containment Building since rewrt 6at the pennoner has made a accordance with the proposed the last Type "A" test and we. therefore, suostarcial showmg of good cause for amendment would not (1) involve a have no reason to suspect that the the grantma of a late pention and/or significant increase in the probability or containment liner integrity has in any regnest That determmation willbe consequences of an accident previously g
i
- b. sed een a balancing of the factors evaluated; or (2) create the possibility of in addition the following spec: Sed :n 10 CFR 2.714(a)(1)(iHv) a new or different kind of accident from compensatory actions will be taken by nd 2.1+{d).
any accident previously evaluated:or the Lcensee. Survedlance will be For further details with respect to this (3) mvolve a significant reduction in a increened for those containment action. see the applicanon for margin of safety.
Isolation valves that can be tested dmendtnent %htCh is avdllahIe [or public Paragraph 4.e.1.2 of the Salem Unit I during plant operation and which have mopeenon at the Commission's Public Technical Specification defines the exhibited high or moderately high,
Document Room.1717 H Street. NW.,
surveillance requirements for the overall leakage during previous local leak rate Washmgton.D.C and at theIndian integrated containment leakage rate, testing. This includes valves IVC-1.
River Coramunity College Ubrary. 3209 induding the schedule for conducting IVC-2. IVC-3.1VC-4.1VC-7.1VC-8.
%.vais Avenue. Ft. Pierce. Florida the necessary surveillance tests. to be in IVC-4, and IVC-10. Valves which are 334 2 conformance with Appendix J of10 CFR testable during plant operation will be Datad at h'hesda Maryland this 15th de 50.Specifically the Technical tested when the earliest opportumty of Sep: ember 1983.
Specification paragraph states that three arises. e.g.. unscheduled cold shutdon Type "A" tests be conducted at 40 st-10 with effected portions of the system Fnr the Nuclear Regulatory Commission.
month intervals durms each ten year drained. This includes valves 12 CS-2.
Gems
- W3nishtoa, service period, and that the third test of 11 CA-330.12 CA-330.1CC-136,1CC-One( Leensics French No. J. Daisson al each set be conducted when Ge plant is 215.1CV-71.1FP-147. and 1FP-148.
fuensing shut down for the ten year plant Surveillance will be increased by e D= an-m m e m e m ot inservice inspections. The first inservice reducing the scheduled intervals from same coos rsee-ai.as Type "A" test for Salem Unit I was once every 24 months for valves IVC-7 completed on August 13.1979.
through -10 and from 6 months for iDocket No. 50-272]
Schedulina of the second Type "A" test valves IVC-1 through -4. to once every at the maxunum knut of the 40 t to three months.
Publ6c Service Electnc and Gas Co.;
month curataos from the August 1979 Consideration oflasuance of date would require the test be On these bases, the staff proposes to Amendment to Faclaity Operating conducted m October 1983. Because of determine that the application does not License and E : M no Significent the unforeseen delays encountered involve a significant bazards t onsideration.
Hazards Considers 6on Determenetton dunns the restart of Salem Unit 1 from and 0;; ni for Hearing its fourth refueling outage scheduling of The Commission is seeking public the test in October 1983 would require a comments on this proposed The U.S. Nuclear Regulatory foor to five wc2k shutdown of the plant determination. Any comments receviea Comn ission (the Commission) is for the single purpose of performing the within 30 days after the date of cons.denng issuance of amendnient to test. af ter nnly approximately 5 months publicstion of this notice will be Facihty Operating License No. DpR-70.
of operannn.
considered in making any final issued to Public Service Electric and Acceptable integrated leakage tests determination. The Commission will not Ga s Ccmpany (the licensee). for have been performed for both the normally make a final determination operaSon of the Salem Nuclear preoperational Type "A" test and for the unless it receives a roquest for a Generaang Statiort Unit No.1. located first Type "A" retest The preoperational heanng.
'" Sd""n County. New Jersey.
Ty pe*A" test esulted in a totalleakage Comrnents should be addressed to the
.ha cacadment would. un a one. time et.he 9M a;onfidence level of 0.71814; Secretary of the Commission. U.S.
i Lus mend the 40 10 month interval where 14 is defined as 0.1 percent by Nuclear Regulatory Commission.
43114 Federal Register / Vcl. 48. Ns.184 / Wcdnesd:y. Septtmber 21. 1983 / N:tices Wa shington. D.C. 20555. Attn: Docketing petitioner who fails to file such a The Western Union operator should be end Service Branch.
supplement which satisfies these given Datagram Identification Number By October 21.1983, the licensee may requirements with respect to at least one 37J7 and the following message file a request for a hearing with respect contention will not be permitted to addressed to Steven A.Varga. Chief.
to issuance of the amendment to the participate as a party.
Operating Reactor Branch No. l.
subject facility operating license and Those permitted to intervene become Division.of Licensing: petitioner's name any person whose interest may be parties to the proceedmg. subject to any and telephone number: date petition affected by this proceeding and who limitations in the order granting leave to was mailed: plant name; and publication wishes to participate as a party in the intervene, and have the opportunity to date and page number of this Federal proceeding must file a written petition participate fully in the conduct of the Register notice. A copy of the petition for leave to intervene. Request for a heanng. including the opportunity to should also be sent to the Executive h:aring and petitions for leave to present evidence and cross-examine Legal Director. U.S. Nuclear Regulatory intervene shall be filed in accordance witnesses.
Commission. Washington. D.C. 20555, with the Commission's " Rules of If a hearing is requested, the and to Conner and Wetterhahn Suite Practice for Domestic Licensing Commission will make a final 1050.1747 Pennsylvania Avenue.
Proceedingsin 10 CFR Part 2. If a determination on the issue of no Washington D.C. 20006. attorney for the request for a hearing or petition for significant hazards consideration. The licensee.
11 ave to intervene is filed by the above final determination will serve to decide Nontimely filings of petitions forleave date, the Commission or an Atomic when the hearing is held.
to intervene, amended petitions.
Safety and Licensing Board, designated if the final determinationis that the supplemented petitions and/or requests by the Commission or by the Chairman amendment request involves no for hearing will not be entertained of the* Atomic Safety and Licensing significant hazards consideration, the absent a determination by the Board Panel, will rule on the request Commission may issue the amendment Commission, the presiding officer or the tnd/or petition and the Secretary or the and make it effective, notwithstanding Atomic Safety and Licensing Board designated Atomic Safety and Licensing the request for a hearing. Any hearing designated to rule 'on the petition and/or Board willissue a notice of hearing or held would take place after issuance of request. that the petitioner has made a an appropnate order.
the amendment.
substantial showing of good cause for As required by 10 CFR 2.714 a If the final determination is that the the granting of a late petition and/or petition for leave to intervene shall set amendment involves a significant request: that determination will be forth with particularity the interest of hazards consideration, any hearing held based upon a balancing of the factors the petitioner in the proceeding, and would take place before the issuance of specified in 10 CHL 2.714(a)(1)(iHv) and h:w that interest may be affected by the any amendment 2.714(d).
r:sults of the proceeding.The petition Normally, the Commission will not For further details with respect to this should specifically explain the reasons issue the amendment until the action, see the application for why intervention should be permitted expiration of the 30-day notice period.
amendment which is available for public with particular reference to the However, should circumstances change inspection at the Commission's Public f:llowing factors:(1)The nature of the during the notice period such that failure Document Room.1717 H Street. NW.,
petitioner's right under the Act to be to act in a timely way would result, for Washington. D.C., and at the Salem Free made a party to the proceeding:(2) the example,in derating or shutdown of the Library.112 West Broadway. Salem.
ruture and extent of the petitioner's facility, the Commission may issue the New Jersey 08079.
property, financial, or other interest in license amendment before the Dated at Bethesda. Maryland, this 14th day the proceeding and (3) the possible expiration of the 30-day notice period.
of september 1963.
affect of any order which may be provided that its final determination is cntered in the proceeding on the that the amendment involves no Fm the Nuclear Regulatory Commission.
petitioner's interest. The petition should significant hazards consideration. The 8'** ^* Y8**
cleo identify the specific aspect (s) of the final determination will consider all Chief. Opemting Reactors Smnch No. L subject matter of the proceeding as to public and State comments received..
Nsion oMcensing.
which petitioner wishes to intervene.
Should the Commission take this action.
P " '"2 " **** * '5 "3 Any person who has filed a petition for it will publish a notice of issuance and s u o caos rus m s IMve to intervene or who has been provide for opportunity for a hearing (dmitted as a party may amend the after issuance. 'Ihe Commission expects I
I petition without requesting leave of the that the need to take this action will Nf""
Board up to fifteen (15) days prior to the occur very infrequently.
first prehearing conference scheduled in A request for a heanng or a petition Putsc Service Eli ctric & Gas Co. and the proceeding, but such an amended for leave to intervene must be filed with Atlantic City Elec: rte Co.;
petition must satisfy the specificity the Secretary of the Commission. U.S.
Estatsahment of ntomic Safety and requirements described above.
Nuclear Regulatory Commission.
Uconoing Board To Preside in Not later than fifteen (15) days prior to Washington. D.C. 20555. Attention:
Proceeding the first prehearing conference Docketing and Service Branch, or may scheduled in the proceeding. a petitioner be delivered to the Commission's Public Pursuant to deleption by the shall file a supplement to the petition to Documents Room.1717 H Street. N.W.
Commission dated ecember 29.1972.
Intervene which must include a list of Washington. D.C by the above date.
published in the F ral Register (37 FR the contentions which are sought to be Where petitions are filed during the last 28710) and ll 2.105. 700. 2.702, 2.714.
litigated in the matter, and the bases for ten (10) days of the notice period. it is 2.714a. 2.717 and 2.
1 of the occh contention set forth with requested that the petitioner promptly so Commission's Regul tions, all as reasonable specificity. Contentions shall inform the Commission by a toll-free amended.an Atomic afety and be limited to matters within the scope of telephone call to Western Union at (800) Licensing Board is be. established in the amendment under consideration. A 3254000 (in Missouri (800) 342-6700).
the following proceedipg to rule on e
- pt/is TL-A
$$fk 3T259 UNITED STATES NUCLEAR REGULATORY CC:LiIISIC.:
P ub ch9ha FLORIDA POWER AND LIGHT CO:4PANY DOCKET NO. 50-335 NOTICE OF CONSIDERATION OF ISSUANCE OF AMEN 0 MENT TO FACILITY OPERATING LICENSE AND PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION AND OPPORTUNITY FOR HEARING w
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The U. S.' Nuclear Regulatory Commission (the Commission) is considering issuance of an amendment to Facility Operating License No. OPR-67, issued to Florida Power and Light Company (the licensee), for operation of the St. Lucie Plant, Unit No.1 located in 'St. Lucie County, Florida.
The amendment would pennit operation after approval of changes to the Technical Specifications resulting from the addition of fire protection equipment and reporting reouirements. These changes are the result of the staff's fire protection safety evakuation report dated August 17, 1979., The changes called for resulted in the:
(1) addition of,ff re protection detectors and an additional fire hose station as reflected in changes to Table's 2.3-10 and 3.7-3, respectively, of the technical specifications; (2) two revisions to the technical specifications to reflect the incorporation of sprinkler systems and yard hydrants and to provide for supplemental protection and reporting requirements if hose stations are out of service; and (3) new specifications dealing with yard fire hydrants and hydrant hose houses and spray and/or sprinkler systems. The changes are made in accordance with the licensee's application for amendment dated December 22, 1982.
Before issuance of the proposed license amendment, the Commission will have made findings required by the Atomic Energy Act of 1954, as amended (the l
Act) and the Commission's regulations.
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7590-01 >
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The Oc.7 mission has made a proposed. determination that the amendment reouest involves no significant hazards consideration.
Under the Commisson'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) c*eate 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 Commission has provided guidance concerning the application of these standards by providing car,tain examples (48 FR 14870). One of the examples of actions involving no significant hazards considerations,(ii) relates to changes that ? constitute additional. restrictions or controls not presently included f
in the technical specifications. The changes now under consideration resulted from the staff's fire protection safety evaluation report that called for f
more restrictions and controls' relative to reporting requirements and additional detectors and an additional hose station. The staff' proposes' to determine that the application does not involve a significant hazard since the modifica-tions to the fire protection system enhance the ability of the licensee to detect, control and/or extinguish fires at St. Lucie 1.
In addition, the l
technical specifications must be revised to reflect the added fire protection equipment and the associated reporting requirements.
The Commission 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 determination. The Commission will not normally make a final determination unless it receives a request for a hearing.
Comments should be addressed to the Secretary of the Commission, U.S.
Nuclear Regulatory Commission, Washington, D.C.
20555, Attn:
Docketing and
. Service Branch.
7590-01
-3 M 28 E
, the licensee aay file a request for a hearing with By 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 particioate as a party in the proceeding must file a written petition for leave to intervene.
Requests for a hearing and. petitions 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.
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, wil'1 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 re<iuired 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.
Tne 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 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 e
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i 7590-01
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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,
~
t 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 ar,e 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' 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 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 ooportunity 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 determina-tion will serve to decide when the hearing is held.
e
v 7590-01 i If the final determination is that the amendment request involves no significant h6zards consideration, the Commission may issue the amendment and make it effective, notwithstanding the request for a hearing. Any
~
hearing held wop 1d take p1 ce 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.
Normally, the Commission will not issue the amendment until the expir-ation 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 may issue the license amendment before the expiration of the 30-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 Commi.ssion 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 hear 1lng or a petition for leave to intervene must be filed with the Secretary of the Commission, U.S. Nuclear Regulatory Commission, a
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7590-01
. J 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 promp'tly so info'rm 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 Robert A. Clark: 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, D.C.
20555, and to Harold R. Reis, Esquire, Lowestein, Newman, Reis and Axelrad, 1025 Connecticut Avenue, N.W., Washington, D. C 20036, attorney for the licensee.
Nontimely filings of petition; for leave to intervene, amended petitions, supplemental cetitions and/or requests for hearing will not be entertained 4
absent a determination by the Commission, the presiding officer or 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 i
granting of a late petition and/or request.. That determination will be based upon a balancing of the factors specified in 10 CFR 2.714(a)(1)(i)-(v) and 2.714(d).
4 l
s' 7590-01 7-For further. details with respect to this action, s,ee 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 Indian River Junior College Library, 3209 Virginia Avenue, Fort Pierce, Florida 33450.
Dated at Bethesda, Maryland, this 21st day of June,1983.
FOR THE NUCLEAR REGULATORY COMMISSION
<G N
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C-obert A. Clark, Chief Operating Reactors Branch #3 Division of Licensing e
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7590-01 (lal15 c
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UNITED STATES NUCLEAR REGULATORY COMMISSION FLORIDA POWER AND LIGHT COMPANY V7FS27U3 DOCKET NO. 50-335 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE AND PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION AND OPPORTUNITY FOR HEARING The U. S. Nuclear Regulatory Commission (th* Commission) is considering issuance of an amendment'to Facility Operating License No. DPR-67, issued to Florida ' Power and Light Company (the licensee), for operation of the St. Lucie Plant, Unit No. I located in St. Lucie Co*unty, Florida.
The amendment would permit operation after approval of changes to the Radiological Effluent Technical Specification,s that. bring-them into compliance with Appendix I of 10 CFR Part 50.
The amendment specifically deals with such changes as indicating shared instrumentation with St. Lucie Plant, Unit No. 2.
It provides new Technical Specification sections defining limiting conditions for operation and surveillance requirenents for radioactive liquid and gaseous effluent monitoring; concentration, dose and treatment of liquid, gaseous and solid wastes; total dose; radiological environmental monitoring that consists of a monitoring-program, land use census, and interlaboratory comparison program.
This change also incorporates into the Technical Specifications the bases that support the operation and surveillance requirements.
In addition, some changes
(
were made in administrative controls, specifically dealing with the process control program and the offsite dose calculation manual.
The amendment makes l
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7590-01 the Unit 1 Technical Specifications as similar as possible to those already approved by the Commission for St. Lucie Plant, Unit No. 2.
The amendment is in accordance with the licensee's application for amendment dated March 29, 1983.
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 snendment 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 possib11ty 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 Commission has provided guidance concerning the application of these standards by ~providing certain examples (48 FR la870).
One of the examples (ii) of actions not likely to involve a significant hazards considerations relates to changes that constitute additional restrictions or controls not presently included in the technical specifications.
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7590-01 3-The Commission, in a revision to Appendix I,10 CFR Part 50 required licensees to improve and modify their radiological effluent systems in a manner. that would keep releases of radioactive material to unrestricted areas during normal operation as low as is reasonably achievable.
In com-plying with this requirement it became necessary to add additional restrictions and controls to the Technical Specifications to assure compliance.
This caused the addition of Technical Specifications described above.
In addition, since St. Lucie Plant, Unit 1, an existing operating reactor, and Unit 2, a newly licensed reactor, are colocated, it is desirable to have their Technical Speci-fications as nearly alike as possible for ease of application and interpretation.
The staff croposes to determine that'the application does.not involve a signi-ficant hazards consideration since the change constitutes additional restrictions and controls that are not currently included in the, Technical Soecifications in order to meet the Commission mandated release of "as low as is reasonaoly achievable", and to make the technical specifications, as nearly as practicaole, like those previously approved for St. Lucie Plant, Unit No. 2.
The Commission is seeking public comments on this proposed determination.
Any comments received within 30 days after the date of oublication of this notice will be considered in making any final determination.
The Commission will not normally make a final deter nination unless it receives a request for a hearing.
Comments should be addressed to the Secretary of the Commission, U.S.
Nuclear Regulatory Commission, Washington,. 0.C.
20555, Attn:
Occketing and Service Branch.
c 4
4 7590-01
.4_
By July 18, 1983
, the if censee 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 wh'o wishes to participata as a party in the proceeding must file a written petition for leave to intervene.
Requests for a hearing and petitions for leave to intervene shall be fi. led in acco.rdance with the Commission's " Rules of Practice 'or 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 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 52.714, 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 cetition should specifically explain the reasons why intervention should te permitted with particular reference to the following factors:
(1) the nature l
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 proceeding; and (3) the possible effect of any order ahich 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 I
proceeding as to which petitioner wishes to intervene.
Any person who has
t 7590-01 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 describec 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 wnich 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 witnin 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 party.
Those permitted to intervene beccme parties to the proceeding, subject to any limitations in the order granting leave to intervene, and have tne opportunity to participate fully in the conduct of the hearing, including the opportunity to present evidence and cross-examine witnesses.
i If a hearing is requested, the Commission will make a final determination on the issue of no significant hazards consideration.
The final deternina-tion will serve to decide when the hearing is held.
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6 7590-01
, If the final determination is. that the amendment request.fnvolves no significant hazards consideration, 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.
Normally, the Commission will not issue the amendment until the expir-ation 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 examole, in derating or shutdown of the facility, the Commission may issue the license amendment before the expiration of the 30-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 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 reouest for a hearing or a petition for leave to intervene must ce filed with the Secretary of the Commission, U.S. Nuclear Regulatory Conmission, S
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4 7590-01
- Washington, D.C. 20555, Attention: Docketing and Sarvice 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 promptly so infonn 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 Robert A. Clark:
petitioner's name and telephone number; date petition was mailed; plant name; and public& tion date and=page number of this FEDERAL REGISTER notice. A copy of the petition should also be sent to the Efecutive Legal Director, U.S. Nuclear Regulatory Commission, Washington, D.C.
20555, and to Harold R. Reis, Esquire, Lowestein, Newman,'Reis and Axelrad, 1025 Connecticut Avenue, N.W., Washington, D. C 20036, attorney for the licensee.
Nontimely filings of petitions for leave to intervene, amended petitions, supplemental petitions and/or requests for hearing will not ce entertained absent a determination by the Commission, the presiding officer or 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.
That determination will be based upon a balancing of the factors specified in 10 CFR 2.714(a)(1)(1)-(v) ano 2.714(d).
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s-4 7590-01 8-For further details with respect to this action, see the application for amendment which is available for public inspection at the Co'mmission's Public Document Room, 1717 H_ Street, N.W., Washington, D.C., and at.the Indian River Junior College Library, 3209 Virginia Avenue, Fort Pierce, Florida 33450.
Dated at Bethesda, Maryland, this 10th day of June,1983.
FOR THE NUCLEAR REGULATORY COMMISSION 0-h x
Robert A. Clark, Chief Operating Reactors Branch #3 Division.of Licensing o
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DOCKET NO. 50-335 NOTICE OF CONSIDERATION OF ISSUANCE OF AMEN 0 MENT TO FACILITY OPERATING LICENSE AND PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION AND OPPORTUNITY FOR HEARING The U. S. Nuclear Regulatory Comission (the-Comission) is considering issuance of an amendment to Facility Operating License No. OPR-67, issued to Florida Power,and Light Company (the licensee),' for op2 ration of the St. Lucie -
Plant,UnitNo.1locatedinSt.LucieCounty, Florida.
Theamendmentwouldpermitoperationafterapprovalofchangestphe Technical Specifications resulting from the,inAtallation of the overpressure mitigation system at St. Lucie Plant, Unit No. 1.
The changes will incorporate limits and surveillance requirements associated with the overpressure mitiga-tion sys%m by 'the addition of new specifications that define the low temperature reactor coolant system overpressure protection range, incorporates
- a. limit on the maximum primary-to-secondary differential temperature that is permitted prior to starting a reactor coolant pump and incorporates new requirementsontheoperabilityofpower'hE'atedreliefvalves. The amendment o
also adds a note to limit the establishment of a high pressure safety injection pump flow path under certain conditions and revises requirements on the positioning of certain safety injection valves. These changes are in-accordance with the licensee's appl.ication for amendment dated April 13, 1978.
Before issuance of the proposed license amendment, the Cemission will have made findings required by the Atomic Crergy 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 M
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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.
The Comission has provided guidance concerning the application of these standards by providing certain examples (48 FR 14870). One of the examples of actions involving no significant hazards considerations (ii) relates to changes that constitute additional 4estrictions or controls not presently included in the Technical Specifications.
These changes are the direct result of compliance with
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requirements that resulted from ComIssion directed evaluations dealing with pressure transi,ents at relatively low temperatures to obtain added assurance that the plant can be operated without violating operating curve limitations.
As such, the changes enhance the ability of the licensee to monitor and control plant conditions under these operating circumstances. The staff proposes to determine that the application does not involve a significant hazard since the new specifications limits on the high pressure safety injection pump flow path under certain conditions, and the revision of the requirements on posi-tioning of certain safety valves will provide the added assurance that the licensee will be able to operate St. Lucie Plant, Unit No. I without violating operating curve limitations.
The Comission is seeking public coments 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 determination.
The Commission will not normally make a final determination un'less it receives a request for a hearing.
Comments should be addressed to the Secretary of the Comission, U.S. Nuclear Regulatory Comission, Washington, D.C.
20555, Attn:
Docketing and Service Branch.
7590-01 3-By July 18, 1983, 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. Requests for a hearing and petitions for leave to intervene shall be filed in accordance with the Commission's " Rules of Practice for Domestic Licensing Proceedings" in 10 CR Part 2.
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 requirab by 10 CR 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
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permitted with particular reference to the following factors:
(1) the nature j
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 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 N -
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s 7590-01 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.
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. Conten7tonsshallbelimitedtomatterswithin the scope of the amendment under consideration. A petitioner who fails to fil'e such a s'up' leme'nt' which satisfies these requirements with respect tar--
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at least one contention will not be ' permitted to participate as a party.
Those pemitted 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.
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If a hearing is requested, the Commission will make a final determination on the issue of no significant hazards consideration. The final determina-tion will serve to decide when the hearing is held.
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7590-01.
If the final determination is that the amendment request involves no significant hazards consideration, the Commission may issue the amendment and make it effective, notwithstanding the request for a hearing. Any hearing hel'd 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.
Normally, the Commission will not issue the amendment until the expir-ation of the 30-day notice period. ' HTwever, should circumstances change during the notice period such that failure to act in a timely way would result, for ' example, in -derating or shutdower of-the-faciltty,-theTommission- -
may issue the license amendment before the expiration of the 30-day notice period, provided that its final determination is that the amendment involves no significant hazards consideration. Tne final determination will consider all public and State comments received. Should the Commission take this e
action, it will publish a notice of issuance and provide for cpportunity 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,
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- 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 requestied 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 Robert A. Clark: 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, D.C.
20555, and to Harold R. Reis, Esquire, Lowestein, Newman, Reis and Axelrad, 1025 Connecticut Avenue, N.W., Washington, D. C 20036, 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 Atimiic
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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. That determination will be based upon a balancing of the factors specified in 10 CFR 2.714(a)(1)(1)-(v) a'nd 2.714(d).
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1.
e 7590-01 7-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 Indian River Junior College Library, 3209 Virginia Avenue, Fort Pierce, Florida 33450.
. Dated at Bethesda, Maryland, this 10th day of June,1983.
FOR THE NUCLEAR REGULATORY COMMISSION
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Robert A. Clar ief Operating Reactors Branch #3 Division.of Licensing i
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7590-01 g ggog t) pb als/73 UNITED STATES NUCLEAR REGULATORY COMMISSION FLORIDA POWER AND LIGHT COMPANY DOCKET NO. 50-335 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE AND PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION AND OPPORTUNITY FOR HEARING The U. S. Nuclear Regulatory Commission (the Commission) is considering issuance of an amendment to Facility Operating License No. DPR-67, issued to Florida Power and Light Company (the licensee), for operation of the St. Lucie Plant, Unit No. I located in St. Lucie County, Florida.
The amendment would permit operation after deletion of the flux peaking augmentation factor curve from the Technical Specifications. The need for this curve is based on postulated axial gaps occuring in the fuel rod pellet stack. Evaluation of the conditions that are necessary to fann such gaps have shown that these conditions will not occur in the future operation of St. Lucie 1.
Therefore, the flux peaking augmentation factor curve -is no longer needed in accordance with the licensee's application for amendment dated February 8,1983.
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 Commisson'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 h
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4 7590-01,
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 Commission has provided guidance concerning the application of these standards by providing certain examples (48 FR 14870). One of the examples (vi) of actions not likely to involve a significant hazards considerations relates to small refinements of previously used models.
The current need for the flux peaking augmentation factor curve is
- based on postulating axial gaps in the fuel rod pellet stack because of fuel column densification in combination with an increase in cladding ovality.
The staff proposes to detennine that the application does not involve.a signi-ficant hazard since densification is complete after a few thousand MWD /MT exposure. Calculations show that changes in the fuel cladding (i.e., ovality) does not proceed to the pcint that pellets are gripped by the cladding until after densification.
In addition the use of an upper plenum spring is used to keep a positive pressure on the pellets to inhibit gap formation. As a result it is concluded that axial gaps will not occur.
The Commission 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 determination. The Commission will not normally make a final detennination unless it receives a request for a hearing.
Comments should be addressed to the Secretary of the Commission, U.S.
Nuclear Regulatory Commission, Washington, D.C.
20555, Attn: Docketing and Service Branch.
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4 7590-01 3-By July 6,1983, 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. Requests for a hearing and petitions 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.
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 Chaiman 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 l
pemitted with particular reference to the following factnrs:
(1)' the nature I
of the petitioner's right under the Act to be made a party to the proceeding; (2) the nature and extent of the petiticner'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 l
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7590-01
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.
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 within the scope of the amendment under consideration. A petitioner who fails to file such a supplement which satisfies th'se requirements with respect to e
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 nazards consideration. The final determina-tion will serve to decide when the hearing is held.
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. i If the final determination is that the amendment request involves' no significant hazards consid.eration, the Commission may issue the amendment and make it effective, notwithstanding the request for a hearing. Any i
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.
Normally, the Commission will not issue the amendment until the expir-ation 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 may issue the 11c'ense amendment before the expiration of the 30-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 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 leavt to intervene must be filed with the Secretary of the Commission, U.S. Nuclear Regulatory Commission, i
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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.
l 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 Robert A. Clark: petitioner's ~name and telephone number; date petition was mailed; plant name; and p'ublication date and page number of this FEDERAL REGISTER notice. A copy of the petition should also be sent to th'e Executive Legal Director, U.S. Nuclear Regulatory Commission, Washington, D.C.
20555, and to Harold R. Reis, Esquire, Lowestein, Newman, Reis and Axelrad, 1025 Connecticut Avenue, N.W., Washington, D. C 20036, attorney for the licensee.
Montimely 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 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 grantins of a late petition and/or request. That determination will be based upon a balancing cf the factors specified in 10 CFR 2.714(a)(1)(1)-(v) and 2.714(d).
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75EO-01 7-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 Indian River Junior College Library, 3209 Virginia Avenue, Fort Pierce, Florida 33450..
Dated at Bethesda, Maryland, this 27th day of May,1983.
FOR THE NUCLEAR REGULATORY COMMISSION qC h
Robert A. Clark, Chief Operating Reactors Branch #3 Division of Licensing O
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NN UNITED STATES NUCLEAR REGULATORY COPMISSION FLORIDA POWER AND LIGHT COMPANY ORLANDO UTILITIES COMMISSION OF THE CITY OF ORLANDO, FLORIDA AND FLORIDA MUNICIPAL POWER AGENCY DOCKET NO. 50-389 NOTICE OF CONSIDERATION OF ISSUANCE OF AMEN 0 MENT TO FACILITY OPERATING LICENSE AND PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION AND OPPORTUNITY FOR HEARING The U. S. Nuclear Regulatory Connission (the Comission) is considering issuance of an amendment to Facility Operating License 'No. NPF-16, issued to Florida Power and Light Company, et al., (the ifcensee),"for operation of the St. Lucie Plant, Unit No. 2 located in St. Lucie County, Florida.
The amendment would modify the existing technical specification require-ment for the initial inservice inspection for two mechanical snubbers to
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pemit inspection at the first refueling outage in accordance with the licensee's application for amendment dated Februar,v 24, 198.4 Before issuance of the proposed license amendment, the Cohmission 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 i
regulations in 10 CFR 50.92, this means that operation of the facility in l
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 anv accident oreviously evaluated; or (3), involve a significant reduction in a margin of safety.
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At present, the technical specifications require a visual inspection of all safety-related snubbers between 4 and 10 months after comencing power operation. The purpose of the visual inspection is to identify obvious damage to snubbers.
The licensee requests that this visual inspection be delayed until the first refueling for two safety-related snubbers on the containment spray system. Present operation would require the plant to be brought to cold shutdown on or before April 13, 1984 to inspect these two snubbers.
The required inspection has been done on 321 mechanical (and 20 hydraulic) snubbers with no inoperable snubbers and no significant problems found. This is the total required snubber inspection except for the two inaccessible snubbers (#129 and #130). Snubbers are required to perform their safety function during a seismic event. The St'. Lucie site is located in a region of infrequent and minor seismic activity.
The Uniform Building Code designates the site vicinity as Zone 0 on the-map entitled, " Map of the United States Showing Zones of Approximate Equal Seismic Probability." The US Coast and Geodetic Survey indicates Zone 0 as an area of no earthquake damage. This portion of Florida is in a zone where the seismic frequency approaches zero. Furthermore, an examination of an epicentral map shows a broad segment of south central Florida in which possible epicenters are entirely absent. The St. Lucie site is in the middle of this region.
The two snubbers (#129 and #130) are located high in.the shield building
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annulus and could not be reached during a recent outage when the other snub-bers were, inspected without breaking shield building intearity or installation J
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of ma.for scaffolding. These snubbers are on the containment spray system.
Snubber #130 was examined by means of searchlight and binoculars without any indication of problems. Snubber #129 could not be examined in this manner due to line of sight obstructions.
The licensee has visually inspected all other snubbers against the cri-teria of Technical Specification 4.7.9(d) and found no discrepancies. The two snubbers in question are on lines in standby service that.are not sub,iect to vibration or therinal expansion. Additionally, they are inside ':h shield building so that they are not sub.iect to either weather or plant related en-vironmental effects. This provides* additional confidence that the two re-maining inaccessible snubbers will function satisfactorily in the interim period.
Based on the above discussion and considering the requirement of 10 CFR 50.92(c) the staff has concluded.that this change does not involve a signif-icant increase in the probability or consequences of an accident previously evaluated, create the possibility of a new or different kind of accident from any accident previously evaluated, or involve a significant reduction in a margin of safety. On this basis, the Comission proposes to detemine that the proposed amendment involves no significant hazards consideration.
The Comission is seekino public coments en this proposed detemination.
Any coments received within 30 days after the date of publication of this notice will be considered in making any final determination.
The Comission will not normally make a final determination unless it receives a request for a hearino.
Ccments shneld be addressed to the Secretary o< the Comission, (l.S.
Nuclear Regulatory Comission, Washington, D.C.
20555, Attn:
Docketino and Service Branch.
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By April 1 2,1984, the licensee may file a request for a hearing l
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 4
leave to intervene shall be filed in accordance with the Commission's " Rules 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, l
the Comission or an Atomic Safety and Licensing Board, designated by the Comission or by the Chaihnan 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 appro-priate order.
l As required by 10 CFR 62.714, 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 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 proceeding; and (3) the possible effect of any order which may be entered in the proceeding on the petitioner's interest.
The petirinn 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
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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.
Not later than fifteen (15) days pri.or 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 reasonab'le specificity. Contentions shall be limited to matters 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 party.
Those permitted to intervene become parties to the proceeding,_s_ubiect 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 witne.stes.
If a hearing is requested, the Commission will make a final determination on the issue of no significant hazards consideration.
The final determina-tion.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 effective, notwithstanding the reouest for a hearing. Anv hearing held would take place af ter issuance of the amendment.
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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.
Nomally, the Comission will not issue the amendment until the expir-ation of the 30-day notice period. However, should circumstances change during the notice period such that failure to act in a timely way would resul,t, for example, in derating or~ shutdown of the facility, the Comission may issue the license amendment before the expiration of the 30-day notice period, provided that its final detennination is.that. the amendment involves n6 significant hazards' consideration. The final determination will consider all public and State comments 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 leaye to -intervene must be filed with the Secretary of the Commission, U.S. Nuclear Regul'atory Comission, 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 durinq the last ten (10) days of the notice period, it is requested that the petitinner promptly so infonn the Comission 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 James R. Miller: petitioner's name and telephone nurrber; date petition was mailed; plant name; and publication date and page number
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of this FEDERAL REGISTER notice. A copy of the petition should also be rent to the' Executive Legal Director, U.S. Nuclear Regulatory Commission Washing-ton, D.C.
20555, and to Harold R. Reis, Esq., Newman and Holtzinger P.C.,
1025 Connecticut Avenue, N.W., Washington, D. C.
20036, attorney for the licensee.
Montimely filings of petitions for leave to intervene, amended petitions, supplemental petitions and/or requests for hearing will not be entertained absent a detennination by the Connission, the presiding officer or 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. That determination will be based upon a balancing of the factors 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 available for public inspec. tion at the Connission's Pubife Document Room, 1717 H Street, N.W., Washington, D.C., and at the Indian River Junior College Library, 3209 Virginia Avenue, Fort Pierce, Florida 33450.
Dated at Bethesda, Maryland this 8th day of March,1984.
FOR THE NUCLEAR R.EGULATORY COMMTSSION
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- 2., 3 James R. Miller, Chief Operating Reactors Branch #3 Division of Licensing d