ML20129E320

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Notice of Consideration of Issuance of Amend to Licenses DPR-24 & DPR-27 & Proposed NSHC Determination & Opportunity for Hearing to Change TS Requirements Re LTOP Sys
ML20129E320
Person / Time
Site: Point Beach  NextEra Energy icon.png
Issue date: 09/26/1996
From: Richard Laufer
NRC (Affiliation Not Assigned)
To:
Shared Package
ML20129E322 List:
References
NUDOCS 9610010046
Download: ML20129E320 (7)


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UNITED STATES NUCLEAR REGULATORY C00941SSION WISCONSIN ELECTRIC POWER COMPANY DOCKET NOS. 50-266 AND 50-301 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE. PROPOSED K0 SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION. AND OPPORTONITY FOR A HEARING The U.S. Nuclear Regulatory Commission (the Commission) is considering issuance of an amendment to Facility Operating License Nos. DPR-24 and DPR-27 issued to Wisconsin Electric Power Company (the licensee), for operation of the Point Beach Nuclear Power Plant, Units I and 2, located in Manitowoc County, Wisconsin.

The proposed amendments would change Technical Specification requirements related to the low temperature overpressure protection (LTOP) system.

l Specifically, the reactor coolant system (RCS) temperature below which' LTOP is required to be enabled and one high pressure safety injection pump is required i

to be rendered inoperable would be changed from 275 'F to 355 *F.

Also, a specification would be added stating that only one reactor coolant pump shall be operated when the RCS temperature is less than or equal to 125 *F.

f Finally, editorial changes would be made to rename the " Overpressure i

i Miti's ating System" as the " Low Temperature Overpressure Protection System."

lefore issuance of the proposed license amendment, the Commission will j

have made findings required by the Atomic Energy Act of 1954, as amended (the i

Act) and the Commission's regulations.

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 sig,1ficant 9610010046 960926 PDR ADOCK 05000266 P

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. 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. As required by 10 CFR 50.91(a), the licensee has provided its analysis of the issue of no significant hazards consideration, which is presented below:

I.

The proposed changes will explicitly define the temperature at which LTOP is required,to be enabled in accordance with NRC guidance, increase the safety margin of the LTOP system by raising the temperature at which one high pressure safety injection pump is required to be rendered inoperable, and ensure that required safety margins are maintained by imposing a restriction on the operation of multiple reactor coolant pumps at low temperatures. The consequences or probability of a previously evaluated accident will, therefore, not significantly be increased.

II. The underlying purpose of the LTOP system is to prevent the pressure of the reactor vessel from exceeding the allowable limits as defined by ASME Code Section XI, Appendix G at any given reactor coolant system temperature. Since this purpose remains unchanged, a new or different kind of accident cannot be created.

III. The proposed changes implement administrative controls that are more restrictive than those required by the present Technical Specifications in order to ensure that the margins of safety previously evaluated for the LTOP system are maintained.

It has been determined that the proposed changes will provide acceptable margins as specified in Appendix G of the ASME Code Section XI.

l Therefore, these changes do not involve a significant reduction in a margin of safety.

J The NRC staff has reviewed the licensee's analysis and, based on this a

review, it appears that the three standards of 10 CFR 50.92(c) are satisfied.

I Therefore, the NRC staff proposes to determine that the amendment request involves no 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.

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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 preventing startup 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 in the FEDERAL REGISTER 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.

Written comments may be submitted by mail to the Rules Review and Directives Branch, Division of Freedom of Information and Publications Services, Office of Administration, U.S. Nuclear Regulatory Commission, j

Washington, DC 20555, and should cite the publication date and page number of this FEDERAL REGISTER notice. Written comments may also be delivered to Room 6022, Two White Flint North, 11545 Rockville Pike, Rockville, Maryland, from l

7:30 a.m. to 4:15 p.m. Federal workdays. Copies of written comments received 1

l may be examined at the NRC Public Document Room, the Gelman Building, 2120 L l

Street, NW., Washington, DC.

The filing of requests for hearing and petitions for leave to intervene is discussed below.

By October 31, 1996

, 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 I

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r request for a hearing and a petition for leave to intervene.

Requests for a J

hearing and a petition for leave to intervene shall be filed in accordance l

with the Commission's " Rules of Practice for Domestic Licensing Proceedings" in 10 CFR Parts 2.

Interested persons should consult a current copy of 10 CFR 2.714 which is available at the Commission's Public Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC, and at the local public document 1

room located at the Joseph P. Mann Library,1516 Sixteenth Street, Two Rivers, Wisconsin.

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 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 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 15 days s

. 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 15 days prior to the first prehearing conference scheduled in th9 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.

Each contention must consist of a specific statement of the issue of law or fact to be raised or controverted.

In addition, the petitioner shall provide a brief explanation of the bases of the contention and a concise statement of the alleged facts or expert opinion which support the contention and on which the petitioner intends to rely in proving the contention at the hearing. The petitioner must also provide references to those specific sources and documents of which the petitioner is aware and on which the petitioner intends to rely to establish those facts or expert opinion.

Petitioner must provide sufficient information to show that a genuine dispute exists with the applicant on a material issue of law or fact.

Contentions shall be limited to matters within the scope of the amendment under consideration. The contention must be one which, if proven, would entitle the petitioner to relief. 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.

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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 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 immediately 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 request involves a significant hazards consideration, any hearing held would take place before the issuance of any amendment.

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 l

Commission, Washington, DC 20555, Attention: Docketing and Services Branch, or may be delivered to the Commission's Public Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC, by the above date.

Where petitions are filed during the last 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 1-(800) 248-5100 (in Missouri 1-(800) 342-6700). The Western Union operator should be given Datagram Identification Number N1023 and the following message addressed to Gail H. Marcus:

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 Office of the General Counsel, U.S.

Nuclear Regulatory Commission, Washington, DC 20555, and to Gerald Charnoff, Esq., Shaw, Pittman, Potts, and Trowbridge, 2300 N Street, NW., Washington, DC 20037, 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 presiding Atomic Safety and Licensing Board that the petition and/or request should be granted 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 dated September 19, 1996, which is available for public inspection at the Commission's Public Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC, and at the local public document room located at the Joseph P. Mann Library, 1516 Sixteenth Street, Two Rivers, Wisconsin.

Dated at Rockville, Maryland, this 26th day of September 1996.

FOR THE NUCLEAR REGULATORY COMMISSION i

'N'ckf f

Richard J. Laufer, Acting Project Manager 1

Project Directorate III-3 Division of Reactor Projects - III/IV Office of Nuclear Reactor Regulation f

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