ML20138M035

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Notice of Consideration of Issuance of Amend to License DPR-3 & Proposed NSHC Determination & Opportunity for Hearing on 851016 Request Re Testing Second Level Undervoltage Protection on Monthly Basis
ML20138M035
Person / Time
Site: Yankee Rowe
Issue date: 10/25/1985
From: Zwolinski J
Office of Nuclear Reactor Regulation
To:
Shared Package
ML20138M023 List:
References
NUDOCS 8510310493
Download: ML20138M035 (6)


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7590-01 UNITED STATES NUCLEAR REGULATORY COMMISSION YANKEE ATOMIC ELECTRIC COMPANY DOCKET NO. 50-29

. 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 Pegulatory Comission (the Comission) is considering issuance of an amendment to Facility Operating License No. DPR-3 issued to Yankee Atomic Electric Corroany, for operation of the Yankee Nuclear Power Station, located in Franklin County, Massachusetts.

The amendment would modify the Technical Speciff cation (TS) surveillance interval for the second level (degraded grid voltage) undervoltage protection.

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The current interval of once per 18 months would be changed to a monthly test interval. This change has been requested by the licensee's application for amendment dated October 16, 1985.

Before issuance of the proposed license amendment, the Comission will have made findings required by the Atomic Energy Act of 1954, as amended (the Act) and the Comission's regulations.

The Comission has made a proposed determination that the amendment request involves no significant hazards consideration. Under the Comission's regulationsin10CFR50.92,thismeansthatoperationofthefaci[lityin accordancewiththeproposedamendmentwouldnot(1)involveasighificant increase in tte probability or consequences of an accident previously i

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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 Comission has provided guidance concerning the application of standards for making a no significant hazards consideration detemination by providing certain examples (April 6, 1983, 48 FR 14870). Example (ii) of actions not likely to involve a significant hazards cons'ideration involves a change that constitutes an additicnal limitation, restriction or control not presen'tly included in the TS: for example, a more stringent surveillance requirement. The proposed change would require the surveillance test for degraded grid voltage to be performed monthly instead of every 18 months, which is a more stringent requirement than currently exists. Based on this discussion, the staff proposes to determine that the requested action would not involve a significant hazards consideration.

The Comission is seeking public coments on this proposed determination.

Any coments received within 30 days after the date of publication of this notice will be considered in making any final determination. The Comission will not normally make a final detemination unless it receives a request for a hearing.

Written coments should be addressed to the Rules and Procedures Branch, Division of Rules and Records, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555. Copies of comments received may be examined at the NRC Public Document Room,1717 H Street, NW, Washington, DC.

l By November 29 , 1985, the licensee may file a request for a hearing l

with respect to issuance of ti,e amendment to the subject facility. operating license and any person whose interest may be affected by this procieding and 1

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who wishes to participate as a party in the proceeding must file a written petition for leave to intervene. Reo,uest for a hearing and petitions for leave to intervene shall be filed in accordance with the Comission'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 Comission 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

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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 explain the reasons why intervention should be pemitted with particular reference to the following factors: (1)thenature 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'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 .js 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 requirehnts described i above.

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Not later than fifteen (15) days prior to the first prehearing conference scheduled to 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 cor. sideration. 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 limitatiens-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 Connission will make a final detemination on the issue of no significant hazards consideration. The final detennination will serve to dteide when the hearing is held.

If the final detennination is that the amendment request involves no significant hazards consideration, the Commission may issue the amendment and i

make it effective, notwithstanding the recuest 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.

Nonnally, 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 hould result

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 determination is that the amendment involves no significant hazards consideration. The final determination will consider all public and State coments received. Should the Comission take this action, it will publish a notice of issuance and provide for opportunity for a hearing after issuance.

The Commission dxpects that the need to take this action will occur very infrequently. -

A' request for a hearing or a petition for leave to intervene rust be filed with the Secretary of the Comission, U.S. Nuclear Regulatory Comission, Washington, D.C. 20555, Att: 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 reauested that the petitioner promptly so infom 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 A. Zwolinski, Chief, Operating Reactors Branch No. 5, Division of Licensing: 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 Comission, Washington, D.C. 20555, and Thomas Dignan, Esquire, Ropes and Gray, 225 Franklin Street, Boston, Massachusetts 02110, 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 detemination by the Comission, 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 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 which is available for public inspection at the Commission's Public Document Room,1717 H Stiaet',1.WI, Washington, D.C., and at the Greenfield Comunity College,1 College Drive, Greenfield, Massachusetts 01301.

Dated at Bethesda, Maryland, this 25th day of October 1985.

F07 THE FJCLEAR REGULATORY C0l+1 SSION John A Zwolinski, Chief

Operat ng Reactors Branch No. 5 Division of Licensing m

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