ML20135C573

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Notice of Consideration of Issuance of Amend to License NPF-15 & Proposed NSHC Determination & Opportunity for Hearing.Amend Would Defer Implementation of Surveillance Requirement 3.3.5.6 of TS 3.3.5 Esfas
ML20135C573
Person / Time
Site: San Onofre 
Issue date: 02/21/1997
From: Fields M
NRC (Affiliation Not Assigned)
To:
Shared Package
ML20135C575 List:
References
NUDOCS 9703040133
Download: ML20135C573 (8)


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7590-01-P l

UNITED STATES NUCLEAR REGULATORY CONilSSION SOUTHERN CALIFORNIA EDISON COMPANY DOCKET NO. 50-362 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO 4

FACILITY 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-15 issued to Southern California Edison Company (the licensee) for operation of the San l

Onofre Nuclear Generating Station (SONGS), Unit No. 3 located in San Diego County, California.

The proposed amendment would defer implementation of Surveillance Requirement 3.3.5.6 of Technical Specification 3.3.5, " Engineered Safety l

Features Actuation System (ESFAS) Instrumentation" for the 30 subgroup relays i

identified in Attachment C of the licensee's February 18, 1997, letter to no l

later than the upcoming SONGS Unit 3 Cycle 9 refueling outage (currently 4

scheduled to begin on April 12,1997).

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The exigent circumstances for this TS amendment request exist because it l

would avoia an undesirable transient associated with an unnecessary plant j

shutdown and this would minimize potential safety consequences and operational risks associated with such action.

In ths event of a planned or unplanned j

shutdown of Unit 3, prior to the Cycle 9 refeeling outage, testing in l

accordance with Surveillance Requirement 3.3.5.6 will be completed prior to j

increasing in Modes from that shutdown.

9703040133 970221 PDR ADOCK 05000362 i

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Before issuance of the proposed license amendment, the Commission will I

have made findings required by the Atomic Energy Act of 1954, as amended (the 1

l Act) and the Commission's regulations.

Pursuant to 10 CFR 50.91(a)(6) for amendments to be granted under exigent circumstances, the NRC staff must determine that the amendmer.t request involves no significant hazards consideration. Under i.he j

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 i

4 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

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significant hazards consideration, which is presented below:

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1.

The proposed change does not involve a significant increase in the j

probability or consequences of an accident pr if evaluated.

The proposed change would defer completion of a allance Requirement (SR) 3.3.5.6 of Technical Specification (TS) 3.3.5 for 30 Emergency Safety Feature Actuation System (ESFAS) subgroup relays until the Unit 3, Cycle 9 refueling outage.

Operation of the facility would remain unchanged as a result of the proposed change and no assumptions or results of any accident l

analyses are affected. Based on other surveillance testing, the response time margin available for these subgroup relays, results of response time testing on Unit 2 relays, and the history of no failures since the 1989 to 1993 tima period, the capability of these ESFAS subgroup relays to perform their specified safety function has been demonstrated and they are operable.

Therefore, the proposed change will not involve a significant increase in the probability or consequences of an accident previously evaluated.

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2.

The proposed change does not create the possibility of a new or i

different kind of accident from any accident previously evaluated.

The proposed change would defer completion of SR 3.3.5.6 of TS 3.3.5 i

i for 30 ESFAS subgroup relays until the Unit 3, Cycle g refueling outage.

3 Operation of the facility would remain unchaged as a result of the proposed change. No equipment change or optrating procedure change is being made. Therefore, the proposed change will not create the l

possibility of a new or different kind of accident from any accident j

previously evaluated.

l 3.

The proposed change does not involve a significant reduction in a margin of safety.

i The proposed change would defer completion of SR 3.3.5.6 of TS 3.3.5 for 30 ESFAS subgroup relays until the Unit 3, Cycle 9 refueling outage. Based on other surveillance testing, the response time i

i margin available for these subgroup relays, and results of testing

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on Unit 2 relays, the capability of these ESFAS subgroup relays to j

perform their specified safety function has been demonstrated and t

they are operable. Therefore, this proposed change does not involve a significant reduction in a margin of safety.

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

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

satisfied. Therefore, the NRC staff proposes to determine that the amendment request involves no significant hazards consideration.

l The Commission is seeking public comments on this proposed 1

determination. iiy comments received within 15 days after the date of publication of this notice will be considered in making any final i

detemination.

Normally, the Commission will not issue the amendment until the expiration of the 15-day notice period. However, should circumstances 4

change during the notice period, such that failure to act in a timely way 4

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would result, for example, in derating or shutdown of the facility, the Commission may issue the license amendment before the expiration of the i

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i 15-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 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, 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 31, 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 proceeding and who wishes to participate as a party in the proceeding must 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 l

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i 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 room located at the Main Library, University of California, P.O. Box 19557, j

Irvine, California 92713.

If a request for a hearing or petition for leave to intervene is filed by the above date, the Comission or an Atomic Safety l

and Licensing Board, design:ted by the Coinnission or by the Chairman of the i

Atomic Safety and Licensing Board Panel, will rule on the request and/or i

petition; and the Secretary or the designated Atomic Safety and Licensing l

Board will issue a notice of hearing or an appropriate order.

4 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 i

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 15 days prior to the first prehearing conference scheduled in the proceeding, but such an amended petition must satisfy the specificity requirements described above.

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Not later than 15 days prior to the first prehearing conference scheduled in the proceeding, a petitioner shall file a supplement to the j

petition to intervene which must irclude list of the contentions which i

are sought to be litigated in the matter.

Each c.ontention must consist of l

j a specific statement of the issue of law or fact to be raised or controverted.

In addition, the petiticner shall provide a brief 4

i explanation of the bases of the contention and a concise statement of the l

alleged facts or expert opinion which support the contention and on which the petitioner intends to rely in proving the contention at the hearing.

i The petitioner must also provide references to those specific sources and documents of which the petitioner is aware and on which the petitioner j

intends to rely to estaoitsh those facts or expert opinion. Petitioner l

must provide sufficient information to show that a genuine dispute exists a

with the applicant on a material issue of law or fact. Contentions shall 1

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

the petitioner to relief. A petitioner who fails to file such a supplement i

l which satisfies these requirements with respect to at least one contention j

will not be permitted to participate as a party.

I Those permitted to intervene become parties to the proceeding, subject j

to any limitations in the order granting leave to intervene, and have the j

opportunity to participate fully in the conduct of the hearing, including 2

l the opportunity to present evidence and cross-examine witnesses.

If the amendment is issued before the expiration of the 30-day hearing period, the Commission will make a final determination on the issue of no i

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4 significant hazards consideration.

If a hearing is requested, the final j

determination will serve to decide when the hearing is held.

If the final determination is that the amendment request involves no i

significant hazards consideration, the Commission'may issue the amendment j

and make it ilunediately effective, notwithstanding the request for a j

hearing. Any hearing held would take place after issuance of the j

amendment.

l If the final determination is that the amendment request involves a i

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

l 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, DC 20555-0001, Attention: Docketing and Services Branch, or may be delivered to the Commission's Public Document Room, the l

Gelman Building, 2120 L Street, NW., Washington, DC, by the above j

date. Where petitions are filed during the last 10 days of the notice i

period, it is requested that the petitioner promptly so inform the l

Commission by a toll-free telephone call to Western Union at 1-(800) 248-i 5100 (in Missouri 1-(800) 342-6700). The Western Union operator should be j

given Datagram Identification Number M1023 and the following message j

addressed to William H. Bateman, Director, Project Directorate IV-2:

i petitioner's name and telephone number, date petition was mailed, plant name, i

l and publication date and page number of this FEDERAL REGISTER notice. A copy i

of the petitinn should also be sent to the Office of the General Counsel, U.S.

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Nuclear Regulatory Commission, Washington, DC 20555-0001, and to T. E. Oubre, i

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Esquire, Southern California Edison Company, P.O. Box 800, Rosemead, l

California 91770, attorney for the licensee.

Nontimely filings of petitions for leave to intervene, amended petitions, supplemental petitions and/or ;equests /or hearing will not be 4

entertained absent a detemination 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 l

in 10 CFR 2.714(a)(1)(i)-(v) and 2.714(d).

l For further details with respect to this action, see the application l

for amendment dated February 18, 1997, which is available for public inspection at the Commission's Public Document Room, the Gelman Building, 2120

-i L Street, NW., Washington, DC, and at the local public document room, located at the Main Library, University of California, P.O. Box 19557, Irvine, l

California 92713.

Dated at Rockville, Maryland, this 21st day of February 1997.

i FOR THE NUCLEAR REGULATORY COMISSION i

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I Mel B. Fields, Project Manager Project Directorate IV-2 Division of Reactor Projects III/IV i

l Office of Nuclear Reactor Regulation

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