ML20128R024
| ML20128R024 | |
| Person / Time | |
|---|---|
| Site: | 05000000, Oconee |
| Issue date: | 12/09/1983 |
| From: | Stolz J Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML20127A737 | List:
|
| References | |
| FOIA-84-794 NUDOCS 8506040382 | |
| Download: ML20128R024 (8) | |
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UNITED STATES NUCLEAR REGULATORY COMISSION DUKE PN ER COMPANY DOCKET NO. 50-287 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT T0-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-55, issued to Duke Power Company (the licensee), for operation of the Oconee Nuclear Station, Unit No. 3 (the facility), located in Oconee County, South Carolina.
The amendment would authorize a proposed change to the Oconee Nuclear Station common Technical Specifications (TSs) which is required to revise I
a previously approved Axial Power Shaping Rod ( APSR) position limit associated l
with the operation of Unit 3 during fuel Cycle 7 (which is cu'rrently in progress).
Tha proposed change would split a single position limit figure into two position limit figures for the same period of time. This specifically would be accomplished by: 1) revising the title of TS Figure 3.5.2-4C2 from "APSR Position Limits, After 200 + 10 EFPD" to "APSR Position Limits, After 200 + 10 to 0
385 + 10 EFPD"; and 2) adding a new TS Figure 3.5.2-4C3, titled "APSR Position Limits After 385 t k0 EFPD" [ NOTE:
EFPD = Effective Full Power Days].
Tha proposed change to the rod position limits is in accordance with the licensee's application for amendment dated September 14, 1983.
8506040382 841108 PDR FOIA ADATO-84-794 PDR
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.. 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.
i The Commission has made a proposed determination that the amendment request involves no significant hazards consideration. Under the Commission's regulations in 10 CFR 50.92, this means that operation of the facility in accordance with the proposed amendment would not (1) involve a significant increase in the probability or consequences of an accident previously evaluated;.
or (2) create the possibility of a new or different kind of accident from any accident previously evaluated; or (3) involve a significant reduction in a
. margin of' safety.
The Commission has provided guidance ~ concerning the application of these standards by providing certain examples (48 FR 14870).
One of the examples (ii) of actions not likely to involve a significant hazards consideration relates to changes that constitute additional restrictions or controls not presently included in the TSs.
In the process of reviewing the TS figures for Unit 2's Cycle 7 of operation (a separate licensing action previously completed by the NRC staff on November 23, 1983 and which contained a similar revised APSR position limit), the licensee noted a correction of values for their 9*
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proposed APSR position limits after 400 EFPD was necessary. 'The licensee also discovered that a similar correction needed to be applied to the previously-
- approved. position limits for Unit. 3's Cycle 7 of operation.
The application of the correction to the position limits for Unit 3 Cycle 7 resulted in retaining the previously approved limits up to roughly 385 EFPD (instead of to the end of the cycle) and imposing a slightly more conservative (i.e.,
more restrictive) limit for the period of 385 EFPD through the end of the cycle than was formerly allowed by the NRC-approved TS changes. The more
. conservative limit requires approximately a 2 percent shrinkage in the.
l-allowed APSR insertion and withdrawal limits at 102 percent full power with somewhablarger changes to the insertion limits at lower power levels.
i, The Commission proposes to determine that the application does not involve
.a significant hazards consideration since the change constitutes an imposition of a more restrictive APSR position limit than that which is currently required in the TSs for the current Unit 3 Cycle 7 of. operation.
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The Commission is seeking public comments on this proposed determination.
Any comments received within 30 days after the date of publication of this notice t
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.
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7590-01 f.4 By January 13, 1984, the licensee may file a request for a hearing
' with respect to issuance of the amendment to the subject facility operating I
Ifcensa and any person whose interest may be affected by this proceeding and wh3 wishes to participate as a party in the proceeding must file a written petiticn for leave to intervene. Request for a hearing and petitions for Icave to intervene shall be filed in ar.cordance with the Commission's " Rules cf 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 ab ve date, the Commission or an Atomic Safety and Licensing Board, designated
>y th2 Commission or by the Chairman of the Atomic Safety and Licensing tard Panel, will rule on the request and/or-petition and the Secretary ir the designated Atomic Safety and Licensing Board will issue a notice if hearing or an appropriate order.
. As required by 10 CFR 52.714, a petition for leave to interv'ene shall snt 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 stiticn should specifically explain the reasons why intervention should be croitted with particular reference to the following-factors:
(1) the nature f the-petitioner's right under the Act to be made a party to the proceeding;
- 2) tha nature and extent of the petitioner's property, financial, or other l 'nterest in the proceeding; and (3) the possible effect of any order which ay be entered in the proceeding on the petitioner's interest. The petition hould also identify the specific aspect (s) of the subject matter of the
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,.... proceeding as to which petitioner wishes to intervene. Any person who has
~ filed a petition for leave to intervene or who has been admitted as a party may amend the petition without requesting leave of the Board up to fifteen (15) days prior to the first prehearing conference scheduled in the 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 t,he proceeding, subject to any limitations in the order granting leave to intervene, and have the I
opportunity to participate fully in the conduct of the hearing, including l
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 determina-tion will serve to decide when the hearing is held.
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If the final detemination 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 held would take place after issuance of the amendment.
If the final detemination is that the amendment involves a significant hazards consideration, any hearing held would take place before the issuance of any amendment.
Nomally, the Commission will not issue the amendment until the expir-l 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 datamination 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.
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A request for a hearing or a petition for leave to intervene must be filed with the Secretary of the Canmiss, ion, 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 Str'eet, 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 i
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 John F. Stolz: petitione.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 J. Michael McGarry, III, DeBevoise & Liberman,1200 17th Street, N W., Washington, D.C.
20036, attorney for the licensee.
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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 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)(1)-(v) and 1
l 2.714(d).
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For further details with respect to this action, see the ' application for amendment wnich is available for pubite inspection at the Commission's Public Document Room,1717 H Street, N.W., Washington, D.C., and at the Oconee County Library, 501 West Southbroad Street, Walhalla, South Carolina.
Dated at Bethesda, Maryland, this 9th day of December 19o3.
FOR THE HUCLEAR REGULATGRY COMMISSION j
Johp F. Stolz, Chief 0, pprating Reactors Branch #4 Mvision of Licensing m.
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