ML20128R031
| ML20128R031 | |
| Person / Time | |
|---|---|
| Site: | 05000000, Peach Bottom |
| Issue date: | 10/27/1983 |
| From: | Stolz J Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML20127A737 | List:
|
| References | |
| FOIA-84-794 NUDOCS 8506040386 | |
| Download: ML20128R031 (13) | |
Text
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UNITED STATES NUCLEAR REGULATORY CC+'. MISSION PHILADELPHIA ELECTRIC COMPANY',2ET Al s
DOCKETS NOS.'50-277 AND 50-278 s-NOTICE OF CONSIDERATION OF ISSUA!!CE OF AMENDMENTS TO'
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FACILITY OPERA' TING LICENSES AtiD PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION. DETERMINATION AND CPPORTUNITY 40k. HEARING The U. S. Nuclear Regulatery Commis'sio'n,(the Commission) is considering issuance of amendments to Facility Operating. Licenses Nos. DPR-44 and DPR-56, issued to Philadelphia Electric' Company, Public Service Electric and Gas Company, Delmarva Power and Light Company and A'tlantic City Electric. company y
(the licensees), for operation of the Peach Bottom Atomic Power Staticn, Units Nos. 2 and 3 (the facility) located.in York County, Pennsylvania.
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-u The amendments would delete all Appendix B nonradiological envircnmental Technical Specifications relating to chemical monitoring, thermal limits,
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noise monitoring and aquatic related ecological surveillance programs ~ in accordance with the licensees' application for amendment da}ted February 14, 1983.
Before issuance of the proposed license amendments,.the Commission will have made findings required by the Atenic Energy Act of 1954, as amended (the Act)'and the Commission's regulations..
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8506040386 841108 PDR FOIA ADATD84-794 PDR t
i 7590-01 e 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 ope' ration of the facility in accordance with the proposed amendments would not (1) inyolve a significant increase in the probability 3,r 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 amendment application requests the deletion of all nonradiological chemical and aquatic monitoring programs in response to a Commission position that permits removal of water quality related conditi6ns in existing reactor operating licenses where the licensee holds, as does Philadelphia Electric, an effective National Pollutant Discharge Elimination System (NPDES) Permit.
The licensees also requested the deletion of specifit thermal discharge limits in Appendix B.
This request will be the subject of a future tiRC determination because of the dependency upon the completion' of a Section 316(a) proceeding in accordance with the Federal Water Pollution. Control Act as referenced in a Commission decision (ALAB-532). The current Technical
- Specifications require that noise measurements be made four times a year for the first year of one-unit commercial operation and twice a year for the first year of two-unit commercial operation.
The licensees state
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4 that this requirement has been satisfied and, therefore, requests deletion of this program.
The Commission's statt considered the noise measurement results and the criteria used by the 11censees to conform to this Technical
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Specification and determined that the requirements of this Technical Specification have been tulfilled. The proposed deletion of chemical, aquatic and noise monitoring programs would not change any current safety limitations related to the operation of the facility.
Since no safety operational limits are being changed and the ticensees have an ettect1ve NPDES Permit and have provided satisfactory evidence to the Commission's staff of completion of the noise monitoring program, the staff' proposes to det' ermine that these deletions would not significantly increase the pro _
bability or consequences of an accident previously evaluated, would not create the possibility of a new or different accident from any accident previously evaluated, and would not involve a significant reduction in a margin of safety..The staff, therefore, proposes to determine that the/
proposed amendments would not involve a significant hazards consideration.
The Commission is seeking public comments on this proposed determination.
Any comments received within 30 days after tne date.of publication of tnis notice will be considered in making any final determination.
The Commission will not.
normally make a final determination unless it receives a request ter a hearing.
' Comments should be addressed to the Secretary of the Commission, U.S.
Nuclear Regulatory Canmission, Washington, D.C.
20555, Attn:
Docketing and Service Branch.
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9 By December 6,1983, 'the licensees may file a request for 'a hearing with respect to issuance of the amendments to the subject facility operating licenses and any person whose interest may be affected by this proceeding and who wishes to participate as a party in the pr.oceeding 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 Atcmic' Safety and Licensing Board will' issue a notice of hearing or an appro-priate 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
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permitted with particular reference to the following factors:
(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 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 l
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7590-01
. proceeding as to which petitioner wishes to ' intervene.
Any person who has filed a petition for leave to intervene or who has been admittea 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 sat'isfy the specificity requirements deshribed 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 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 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 l
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 determination is that the amendment request involves no signifjcanthazardsconsideration,theCommissionmayissuetheamendments and make them effective, notwithstanding the request for a hearing.
Any hearing held would take place after.1ssuance of the amendmertts.
If the final determination is that the amendments involve a significant hazards consideration, any hearing held would take place before the issuance of the amendments.
Normally, the Commission will not issue.the amendments until the expir-ation of the 30-day notice period.
However, should circumstances' change duringthenoticeperiodsuchthatfailure"toac,tinatimekywaywould result, for example, in derating or shutdown of the facilities, the Commission may issue the license amendments before the expiration of the 30-day notice period, provided that its final determination is that the amendments involve 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 leave to intervene must be.
filed wiEh the Secretary of the Commission, U.S. Nuclear Regulatory Commission,
. 4, 7590-01 Washington, D.C. 20555, Attention: Docketing and Service Branch, or may oe delivered to the Commission's Public Document Room,1717 H Street, N.W.,
Washington, D.C., by the above date.
Where pet'itions 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 Ntimber 3737 and the following message addressed to John F. Stolz: petitioner's n'ame 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
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to the Executive Legal Director, U.S. Nucle'ar Regulatory Commission, Washington, D.C.
.20555, and to Troy B. Conner, Jr.1747 Pennsylvania Avenue, N.W.,
Washington, D.C.
20006, attorney for Philadelphia Electric Company.
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 req'uest.
That detennination 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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7590-01.
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
-Government Publications Section, Stat'e Library of Pennsylvania, Education Building, Commonwealth and Walnut, Streets, Harrisburg,. Pennsylvania.
Dated at Bethesda, Maryland, this 27th day of October 1983.
FOR THE NUCLEAR REGULATORY COMMISSION i
a ohi F. Stolz, Chief Op -ating Reactors Bran ' #4 O ision of Licensing i
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i 7590-01 UNITED STATES NUCLEAR REGULATORY COMMISSION
-PHILADELPHIA ELECTRIC COMPANY, ET AL DOCKET NO. 50-278 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-56, issued to Philadelphia Electric Company, Public Service Electric and Gas Company, Delmarva Power and Light Company and Atlantic City Electric Company (the licensees),'for operation of'the Peach Bottom Atomic Power Station, Unit No. 3 (the facility) located in York County, Pennsylvania.
Inaccordancewiththelicensees'applicationdatedMay30,1d84,the amendment would change the Technical Specifications (TSs) to permit continued operation of Peach Bottom Unit 3 after reaching End of Cycle 6 (E0C-6) exposure in the region of the operating map bounded by the constant recirculation pump speed line between 100% power, 105% core flow (100, 105) and 70% power,110% core flow (70,110) with or without the last stage feedwater heaters valved out-of-service.
The change would specifically involve increasing the TS values on Table 3.5.K.3 for the Minimum Critical Power Ratio (MCPR) of P8X8R and PTA fuel by 0.01 during the period from 2000 MWD /t before EOC to EOC-6.
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.
a
,d a 7590-01 The Comission has made a proposed deterinination 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 proposed amendment request would change the MCPR operating limits from the values established by the Reload 5, Cycle 6, licensing approval (May'4, 1983) to different values,-depending upon the operating conditions, to permit operation with increased core flows.
The licensees reevaluated the abnormal operational transients, loss-of-coolant accidents, fuel loading eTror accidents, rod drop accidents, and rod withdrawal error events based upon increased core flow operation.
The effects of the increased pressure differences. on the reactor internal components, fuel channels, and fuel bundles were also analyzed by the licensees.
Furthermore, the effect of the increased core flow rate on the flow-induced vibration response of the reactor internals.was evaluated.
A thermal hydraulic stability analysis was performed and increases in the feedwater nozzle and feedwater sparger usage factors were also determined and evaluated.
Based upon the staff.'s consideration of the above analyses, it appears that the licensees' proposed increases in the MCPR operating limits would result in preserving the original safety margin provided in the current TSs during the proposed period of increased core flows.
Therefore, the staff concludes that-the proposed amendment meets the criteria of 10 CFR 50.92, as stated above.
Accordingly, the Commission proposes to determine that the proposed changes involve no
p 4 7590-01 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.
By September 10, 1984, the licensees 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 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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.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 4
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 aniend 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 reoufrements 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 permilted 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
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. 7590-01 If a hearing is requested, the Commission will make a final determination on the issue of no significant hazards consideration.
The final determination will serve to decide when the hearing is held.
If the final determination is that the amendment request involves no significant hazards consideration, the Commission may issue the amendment and make it 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.
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Normally, the Commission will not issue the amendment until the expiration of the 30-day notice period. However, should circumstances change during the notice period such that failure to act in a timely way would result, for example, in derating or shutdown of the facility, the Commission may issue the licens: 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.
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. 7590-01 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, Washington, D. C.
20555, Attention: Docketing and Service Branch, or may be 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 i
promptly so inform 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 John F. Stolz:
petitioner's name and telephone number; date petition was mailed; plant name; and publication date and page i
number of this FEDERAL REGISTER notice.
A copy of the petition should also be sent to the Executive Legal Director, U.S. Nuclear Regulatory Comi>ssion, Washington, D.C.
20555, and to Troy B. Conner, Jr.,1747 Pennsylvania Avenue, N.W.,
. Washington, D.C. 20006, attorney for Philadelphia Electric Company.
l 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 Comission, the presiding officer or the Atomic Safety and Licensing Board designated to rule on the petition and/or request, i
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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NUCLEAR REGULATORY COMMISSION k
~ UNITED STATES o
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March 28,1984 Dockets Nos. 50-277 and 50-278 Mr. Edward G. Bauer, Jr.
Vice President and General Counsel Philadelphia Electric Company 2301 Market Street Philadelphia, Pennsylvania;19101
Dear Mr. Bauer:
The Comission has requested the Office of the Federal Register to publish the enclosed " Notice of Consideration of Issuance of Amendments to Facility Operating Licenses and Opportunity for Prior Hearing." This notice relates to your application for amendments dated May 4,1983, as amended November 10, 1983, which would revise the Technical Specifications for the Peach Bottom Atomic Power Station, Units Nos. 2 and 3, to delete all limiting conditions for operation, surveillance requirements, calibration frequency requirements and bases for the Drywell Air Monitoring Systems. Other revisions requested by the application will be the subject of a separate notice.
Sincerely, LS W
GWald Gears,Woject Manager Operating Reactors Branch #4 Division of Licensing l
Enclosure:
Notice cc w/ enclosure:
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Philadelphia Electric Company,
-ccw/ enclosure (s):
Eugene J. Bradley Philadelphia Electric Company Regional Radia~ tion Representative Assistant General Counsel EPA Region III 2301 Market Street Curtis Building (Sixth Floor)
Philadelphia, Pennsylvania 19101 6th and Walnut Streets Philadelphia, Pennsylvania 19106 Troy B. Conner, Jr.
.1747 Pennsylvania Avenue, N.W.
M. J. Cooney, Superintendent Washington, D. C.
20006 Generation Division - Nuclear Philadelphia Electric Company 2301 Market Street Philadelphia, Pennsylvania 19101 Thomas A.~ Deming, Esq.
Assistant Attorney General Department of Natural Resources Annapolis, Maryland 21401 Philadelphia Electric Company ATTN:
Mr. R. Fleishmann Peach Bottom Atomic Power Station Mr. R. A. Heiss, Coordinator Delta, Pennsylvania 17314 Pennsylvania S: ate Clearinghouse Governor's Office of State Planning Albert R. Steel, Chaiman and Development Board of Supervisors P. O. Box 1323 Peach Bottom Township Harrisburg, Pennsylvania 17120 R. D. #1 Delta, Pennsylvania 17314 Allen R. Blough.
U.S. Nuclear Regulatory Consission
. Thomas M. Gerusky, Director Office of Inspection and Enforcement Bureau of Radiation Protection Peach Bottom Atomic Power Station Pennsylvania Department of P. O.' Box 399 Environmental Resources Delta, Pennsylvania 17314 P. O. Box 2063 i
j Harrisburg, Pennsylvania 17120 ilr. Thomas E. Murley, Regional Administrator U. S. Nuclear Regulatory Consission, Region I Office of Inspection and Enforcement 631 Park Avenue King of Prussia, Pennsylvania 19406 i
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7590-01 UNITED STATES NUCLEAR REGULATORY COMMISSION PHILADELPHIA ELECTRIC COMPANY, ET. AL.
DOCKETS NOS. 50-277 AND 50-278 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENTS TO FACILITY OPERATING LICENSES AND OPPORTUNITY FOR PRIOR HEARING The U. S. Nuclear Regulatory Comission (the Comission) is considering
-issuance of amendments to Facility Operating Licenses Nos. DPR-44 and DPR-56, issued to Philadelphia Electric Company, Public Service Electric and Gas Company, Delmarva Power and Light Company and Atlantic City Electric Company (the licensees) for operation of the Peach Bottom Atomic Power Station, Units Nos. 2 and 3, located in York County, Pennsylvania.
The amendments would revise the provisions in the Technical Specifications relating to the deletion of all limiting conditions for operation, surveillance requirements, calibration frequency requirements and bases for the Drywell Air Monitoring Systems, in accordance with the licensees' application for amendments dated May 4,1983, as amended by letter dated November 10, 1983.
Prior to 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.
By May 4,1984
, the licensees may file a request for a hearing with respect to issuance of the amendments to the subject facility 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 k'
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s 7590-01 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.
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 expla[n 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 nn 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
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1 7590-01 3-i e
requesting leave of the Board up to fifteen (15) days prior to the first i
l 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 amendments under consideration. A f
petitioner who fails to file such a supplement which satisfies these l
requirements with respect to at least one contention will not be pemitted to i
j participate as a party.
t 4-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.
i-
-A request for a hearing or a petition for leave to intervene shall be i
filed with the Secretary of the Conunission, United States Nuclear Regulatory l-Commission, Washington, D.C.
20555, Attention:
Docketing and Service i
Branch, or may be delivered to the Conunission's Public Document Room,1717 H Street, N.W., Washington, D.C. by the above date. Where petitions are filed g
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7590-01 !
during the last ten (10) days of the notice period, it is requested that the petitioner or representative for the petitioner promptly so inform the Connission by a toll-free telephone call to Western Union at (800) 325-6000 (inMissouri(800)342-6700). The Western Union operator should be given Datagram Identification Number 3737 and the following, message addressed to John F. Stolz:
(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 Troy B. Conner, Jr.,1747 Pennsylvania Avenue, N.W., Washington, D.C.
20006, attorney for Philadelphia Electric Company.
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 i
or the Atomic Safety and Licensing Board designated to rule on the petition j
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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For further details with respect to this action, see the application for amendment dated May 3, 1983, as amended November 10, 1983, which is available for public inspection at the Connission's Public Document Room, 1717 H Street, N.W., Washington, D.C. and at the Government Publications Section, State Library of Pennsylvania, Education Building, Connonwealth and Walnut Streets, Harrisburg, Pennsylvania.
Dated at Bethesda, Maryland, this 28th day of March 1984.
FOR THE NUCLEAR REG TOR COMMISSION John
. Stolz, Chief Ope ting Reactors Br ch #4 1sion of Licensing
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UNITED STATES NUCLEAR REGULATORY COMMISSION SACRAMENTO MUNICIPAL UTILITY DISTRICT 00CXET NO. 50-312 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. Nucl. ear Regulatory Commission (the Commission) is considering issuance of an amendment to Facility Operating License No. -OPR-54, issued to Sacramento Municipal Utility District (the licensee), for operacion of the Rancho Seca Nuclear Generating Station (the facility) located in Sacramento County, California.
The proposed amendment involves changes in the core design for the 6th reload cycle to include 40 axial blanket assemblies with modified end fittings, shortened burnable poison stack height and gray axial power shaping
- rods.
In addition, the margin to core fuel melt for the last two fuel batches (7 and 8) was calculated using the TACO 2 code.
These changes are in. accordance with the licensee's application for amendment dated December 14, 1982.
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i 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.
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7590-01
-2 The Commission has made a preposed detemination 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 i
increase in the probability or consequences of an accident previous,1y 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 of actions likely to involve no significant hazards considerations relates to reload amendments involving fuel assemblies not significantly different from those previously found acceptable to the NRC for a previous core at the facility in question.
This assumes that no significant changes are made to the acceptance criteria for the Technical Specifications, that the analytical methods used to demonstrate confomance with the Technical Specifications and regulations are not significantly changed, and that the NRC has previously found such methods acceptable.
The new axial blanket assemblies are the same as previously used fuel assemblies except that the top and bottom 6 inches of the enriched fuel is replaced with natural uranium.
Four axial blanket assemblies of the same design were utilized in the previous core.
Since the axial blanket portions of each assembly are positioned in regions of little importance (the extreme top and bottom of I
the core), the Cycle 6 core is virtually identical to the previous core design.
7590-01
. There have been no significant changes made to the acceptance criteria for the Technical Specifications.
Except for the TACO 2 code, there have been no significant changes to the analytical methods used and accepted for previous cores to demonstrate conformance with Technical Specifications and regulations. For. critical operating limits (e.g., Loss of Coolant Accident analysis), the licensee relied on previously used codes.
The approved TACO 2 code was used to determine the margin to centerline fuel melt for fuel matches 7 and 8.
These margins are within those previously found acceptable.
Therefore, the Commission proposes to determine that the proposed amendment does not involve a significant hazards consideration.
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 shoul.d be addressed to the Secretary of the Commission, U.S.
Nuclear Regulatory Commission, Washington, D.C.
20555, Attn:
Docketing and L
Service Branch.
By July 25, 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
.i
.7590-01
- 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 a 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 $2.714, a petition for leave to intervene shall set forth with particularity the interest of the petitioner in the proceeding, and how that interest may be affected by the results of the proceeding. The petition should specifically explain the reasons why intervention should be permitted with particular reference to the following factors:
(1) the 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,
i 7590-01
. 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 ifmited 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 pemitted 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.
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 detamination 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.
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~'
.g 3
4 7590-01
~ ~
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.
Nonnally, 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 expiratio'n of the 30-day notice period, provided that its final detennination is that the amendment involves no significant hazards consideration. The final detennination will consider I
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.
i 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 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 John F. Stolz:
petitioner's name and telephone number; f
7590-01
. 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 David S. Kaplan, Sacramento Municipal Utility District, 6201 S Street, P.O. Box 15830, Sacramento, California 95813, 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 2.71.4(a)(1)(i)-(v) and 2.714(d).
For f'urther 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 Sacramento City-County Library, 828 I Street, Sacramento, California.
Dated at Bethesda, Maryland, this 17thday of June 1983.
i FOR THE NUCLEAR REGULATORY COMMISSION Y1 Ju W ohn ).Stolz, Chief Ope ting Reactors Branen #4 sion of Licensing
=
J 1.-
Sacramento Municipal Utility 1-Rancho Seco, Docket.*o. 50-312l
/
1 Distrib.t i
_s cc w/ enclosure (s):
Oavid S. ' Kaplan, ' Secretary and Christopher Ellison, Esq.
General Counsel Dian Grueufch,-Esq.
Sacramento I4unicipal Utility California Energy Commission District 1111 Howe Avenue 6201 S Street Sacramento', California-95825 P. O. Box 15830 Sacramento, California 95813 Ms. Eleanor Schwartz California State Office Sacramento County 600 Pennsylvania Avenue, S.E., Rm. 201 Board of Supervisors Washington, D. C.
20003 827 7th Street, Room 424 Sacramento, California 95814 Docketing and Service Section.
Office of the Secretary Mr. John B. Martin, Regional U.S. Nuclear Regulatory Commission Administrator Washington, D. C.
20555 U.S. Nuclear Regulatory Commission Resident Inspector / Rancho Seco R89iC" Y c/o.U. S. N. R. C.
1450 Maria Lane, Suita 210 1441041n Cities Road Walnut Creek, California 94596 Herald, CA 95638 Atomic Safety and Licensing' Appeal Board Panel 11.5. Nuclear Regulatory Connission Washington, D. C.
20555 Regional Radiation Representative EPA Reofon IX Alan S. Rosenthal, Chairman 215 Fremont Street
. Atomic Safety and Licensing San Francisco, California 94111 Appeal Board U. S. Nuclear Regulatory Comission Mr. Robert B. Borsum Washington, D. C.
20555 Babcock & Wilcox Nuclear Power Generation Division Dr. John H. Buck Suite 220, 7910 Woodmont Avenue Atomic Safety and Licensing Bethesda, Maryland ~ 20814
' Appeal Board U. S. Nuclear Regulatory Commission Thomas Baxter, Esq.
Washington, D. C.
20555 Shaw, Pittman, Potts & Trowbridge 1800 M Street, N.W.
Christine H. Kohl Washington, D. C.
20036 Atomic Safety and Licensing Appeal. Board Herbert H. Brown, Esq.
if. S. Nuclear Regulatory Comission Lawrence Coe Lanpher, Esq.
Washington, D. C.
20555 Hill, Christopher and Phillips, P.C.
cc w/ incoming dated:
12/14/82 1900 M Street, N.W.
Joseph 0. Ward, Chief Washington, D. C.
~20036 Radiological Health Branch State Deoartment of Health Services Helen Hubbard 714 P street, Office Building #8 P. O. Box 63 Sacramento, California 95814 Sunol, California 94586
.