ML20134Q161
| ML20134Q161 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse  |
| Issue date: | 02/20/1997 |
| From: | Hansen A NRC (Affiliation Not Assigned) |
| To: | |
| Shared Package | |
| ML20134Q164 | List: |
| References | |
| NUDOCS 9702260294 | |
| Download: ML20134Q161 (10) | |
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7590-01-P Il.
l UNITED STATES NUCLEAR REGULATORY C0ffilSSION TOLEDO EDISON COMPANY CENTERIOR SERVICE COMPANY AND THE CLEVELAND ELECTRIC ILLUMINATING COMPANY DOCKET NO. 50-346 6
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l DAVIS-BESSE NUCLEAR POWER STATION. UNIT NO. I NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO
[E ILITY OPERATING LICENSE. PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION. AND OPPORTUNITY FOR A HEARING l
The U.S. Nuclear Regulatory Commission (the Commission) is considering issuance of an amendment to Facility Operating License No.- NPF-3, issued to the Toledo Edison Company, Centerior Service Company, and The Cleveland j
Electric Illuminating Company (the licensee), for operation of the Davis-Besse Nuclear Power Station, Unit No. I located in Ottawa County, Ohio.
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.The proposed amendment would revise Technical Specification (TS)
Section 3/4.5.2, " Emergency Core Cooling Systems, ECCS Subsystems -
T,1 280*F." Surveillance requirement (SR) 4.5.2.f would be modified to state that opening and closing of the inspection port on the watertight enclosure for the decay heat valve pit would not require this surveillance procedure to be performed. The applicable TS bases would also be changed.
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The licensee's submittal is being processed as an exigent TS amendment l
. request. pursuant to 10 CFR 50.91(a)(6), as a followup to the Notice of l
Enforcement Discretion (NOED) issued by the Commission on February 12, 1997.
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The N0ED was issued under Criteria 1(a) of NUREG-1600, to avoid undesirable transients as a result of forcing compliance with a license condition and, L
thus, to minimize potential safety consequences and operational risks.
The licensee discovered that SR 4.5.2.f could be interpreted to require a l
l leak test after opening and subsequent closing of the valve pit inspection port, and that the pori nad been opened since the last time that the SR had l
been performed. Because the SR had been missed, the licensee entered TS 3.0.3, which requires that the plant be shut down, and TS 4.0.3, which allows a 24-hour delay in the shutdown so that the missed SR can be performed.
The licensee determined that the SR could not be performed at power, and initiated a plant shutdown in accordance with TS 3.0.3.
The licensee then requested the Commission to exercise enforcement discretion, and, consistent with Commission policy, submitted the subject TS amendment request 2 days later.
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.
Pursuant to 10 CFR 50.91(a)(6) for amendments to be granted under i
exigent circumstances, the NRC staff must determine 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 I
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. 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:
Toledo Edison'had reviewed the proposed change and determined that a significant hazards consideration does not exist because operation of the Davis-Besse Nuclear Power Station (DBNPS), Unit 1 in accordance with these changes would:
la. Not involve a significant increase in the probability of an accident previously evaluated because the initiators regarding the large break Loss-of-Coolant Accident (LOCA) are not affected by the l
proposed change. Revising Surveillance Requirement 4.5.2.f has no bearing on initiating an accident previously evaluated. The flow path through the decay heat drop line also is not an accident l
initiator.
lb. Not involve a significant increase in the consequences of an accident previously evaluated because the proposed change does not j
alter the source term, containment isolation, allowable radiological
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releases, or invalidate the assumptions used in evaluating radiological releases. Therefore, the radiological consequences of l
all accidents presented in the DBNPS Updated Safety Analysis Report (USAR) are unchanged.
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Not create the possibility of a new or different kind of accident from any accident previously evaluated because the operability requirements of Decay Heat Removal (DHR) System isolation valves DH-11 and DH-12 will continue to be adequately addressed by Surveillance Requirement 4.5.2.f.
The plant will be operated in the same way as before, and no different accident initiators or failure mechanism are introduced by the proposed change. The inspection 1
port's Kamlok coupling is included as ~part of the watertight enclosure vacuum leakage rate test to ensure its leak tightness. In addition, the proposed change adds a new stipulation to Surveillance Requirement 4.5.2.f that after its use, the inspection port must be verified as closed in its correct position. Thus, the change does not create the possibility of a new or different kind of accident from any accident previously evaluated.
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Not involve a significant reduction in a margin of safety because the proposed change does not involve any new changes to the initial conditions contributing to accident severity or consequences. The inspection port's Kamlok coupling is included as part of the watertight enclosure vacuum leakage rate test to ensure its leak j
tightness. In addition, the proposed change adds a new stipulation i
to Surveillance Requirement 4.5.2.f that after its use, the inspection port must be verified as closed in its correct i
position. The design of the Kamlok coupling provides for quick and easy access to the inspection port, and quick and easy closure of the inspection port upon completion of inspection activities.
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4 l-Consequently there are no reductions in a margin of safety.
The NRC staff has reviewed the licensee's analysis and, based on this review, it appears that the three standards of 10 CFR 50.92(c) are l
satisfied. Therefore, the NRC staff proposes to determine that the i
i amendment request involves no significant hazards consideration.
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The Commission is seeking public coments on this prop (sed l
detemination. Any comments received within 14 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 i
expiration of the 14-day notice period. However, should circumstances change during the notice period, such that failure to act in a timely way l
would result, for example, in derating or shutdown of the facility, the Commission may issue the license amendment before the expiration of the 14-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. The Commission expects that the need to take this action will occur very infrequently.
Written comments may be submitted by mail to the Chief, Rules Review i
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and Directives Branch, Division of Freedom of Information and Publications Services, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and should cite the publication date and page number of this FEDERAL REGISTER notice. Written comments may also be delivered to Room 6D22, Two White Flint North, 11545 Rockville Pike,
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-5 Rockville, Maryland, from 7:30 a.m. to 4:15 p.m. Federal workdays.
Copies of written comments received may be examined at the NRC Public Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC.
The filing of requests for hearing and petitions for leave to intervene is discussed below.
By March 28,1997
. 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 l'
proceeding and who wishes to participate as a party in the proceeding must it file a written request for a hearing and a petition for leave to intervene.
Requests for a hearing and a petition 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.
Interested persons should consult a current copy of 10 CFR 2.714 which is available at the Commission's L
Public Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC, and at the local public document room located at the University of Toledo, William Carlson Library, Government Documents Collection, 2801 West Bancroft Avenue, Toledo, Ohio 43606.
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
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intervention should be peraitted with particular reference to the following factors:
(1) the nature of the petitioner's right under the Act to be made i
a party to the proceeding; (2) the nature and extent of the petitioner's l
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 j '
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 i
without requesting leave of the Board up to 15 days prior to the first j
prehearing conference scheduled in the proceeding, but such an amended petition'eust satisfy the specificity requirements described above.
Not later than 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 lis+ of the contentions which i
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are sought to be litigated in'the matter.
Each contention must consist of j
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
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_7-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
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these requirements with respect to at least one c'ntention will not be o
l permitted to participate as a party.
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Thosepermittedtointervenebecomepartiestotheproceeding, 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 the opportunity to present evidence and cross-examine witnesses.
If the amendment is issued before the expiration of the 30-day hearing i
period, the Commission will make a final determination on the issue of no significant hazards consideration.
If a hearing is requested, the final determination will serve to decide when the hearing is held.
If the final determination is that the amen'dment request involves no I
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.
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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 4
Commission, Washington, DC 20555-0001, Attention: Docketing and Services i
Branch, or may be delivered to the Commission's Public Document Room, the l
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i Gelman Buf1 ding, 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 Commiission by a toll-free telephone call to Western Union at 1-(800) 248-l 5100 (in Missouri 1-(800) 342-6700). The Western Union operator should be given Datagram Identification Number N1023 and the following message addressed to the Director, Project Directorate III-3, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001: petitioner's name and telephone l
l number, date petition was mailed, plant name, and publication date and page l
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 20555-0001, and to Jay E. Silberg, Esquire, Shaw, Pittman, l
Potts and Trowbridge, 2300 N Street, NW., Washington, DC 20037, attorney for i
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 l
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 l
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 February 14, 1997, which is available for public l
inspection at the Commission's Public Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC, and at the local public document room, j
located at the University of Toledo, William Carlson Library, Government i
Documents Collection, 2801 West Bancroft Avenue, Toledo, Ohio 43606.
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l Dated at Rockville, Maryland, this 20th day of February 1997.
FOR THE NUCLEAR REGULATORY COPMISSION p
l Allen G. Hansen, Project Manager j
Project Directorate III-3 l
Division of Reactor Projects - III/IV l
Office of Nuclear Reactor Regulation.
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,., Dated at Rockville, Maryland, this 20th day of February 1997.
'FOR THE NUCLEAR REGULATORY COMMISSION-Original signed by:
Allen G. Hansen, Project Manager Project Directorate III-3 Division of-Reactor Projects - III/IV-Office of Nuclear Reactor Regulation e
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Distribution:
Docket File PUBLIC.
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DATE
' 02/20/97 -
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