ML20141N078
| ML20141N078 | |
| Person / Time | |
|---|---|
| Site: | McGuire, Mcguire  |
| Issue date: | 02/19/1986 |
| From: | Hood D Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML20141N079 | List: |
| References | |
| TAC-59796, TAC-59797, TAC-60601, TAC-60602, NUDOCS 8603030532 | |
| Download: ML20141N078 (7) | |
Text
..g.,
4
._+.#
~+..o a a e, e..
a#4 a,,
, i. w A._
.A a:-
am-%444
-m 4
UNITED STATES NUCLEAR REGULATORY COMMISSION 7590-01 DUKE POWER COMPANY g
DOCKET NOS, 50-369 AND 50-370 NOTICE OF CONSIDERA, TION OF ISSUANCE OF AMENDMENTS 70
_ FACILITY OPERATING LICENSES AND _ PROPOSED NO SIGNIFICANT HA'ZARDS CONSIDERATION DETERMINATION AND OPPORTUNITY FOR HEARING The U. S. Nuclear Regulatory Comission (the Commission) is considering 4
i issuance of amendments to Facility Operating License Nos. NPF-9 and NPF-17, 1
issued to Duke Power Company (the licensee), for operation of the McGuire Nuclear Station, Units 1 and 2, located in Mecklenburg County, North Carolina.
The amendments relate to primary containment leak rate. Surveillance Specification 4.6.1.2 requires that primary containment leak rates periodf-cally be demonstrated in confomance with criteria specified in Appendix J of 10 CFR 50.
(Appendix J defines three typu of leakage tests, identified atTypesA,BandC.) Subparagraph d of this Specification states that Type
)
i B and C tests are to be conducted with gas at a specified pressure and test interval with three indicated exceptions. The proposed amendments would add NRC approved exemptions to A;;pendix J as a fourth exception to Sub-paragraph d.
These changes were requested in the licensee's application for amendments dated January 21, 1986.
Before issuance of the proposed license amendments, the Commission will have made findings required by the Atomic Energy Act of 1954, as amended (the Act) and the Comission's regulations.
The Commission has made a proposed detemination that the amendment request involves no significant hazards consideration. Under the Comission's regulations in 10 CFR 50.92, this means that operation of the facility in accordance with the proposed amendments would not (1) involve a significant
[
increase in the probability or consequences of an accident previously i
9603030532 860221~"
PDR ADOCK 05000369 P
1
- F 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 l
in a margin of safety.
Basis fnr proposed no significant hazards consideration Metemination:
Pursuant to 10 CFR 50.12(a) (50 FR 50764), the Comision may, in cases where special circumstances are present and upon application by any interested person or upon its own initiative, grant exiemptions from the requirements of i
10 CFR Part 50 which are authorized by law, will not present an undue risk to the public health and safety, and t.re consistent with the common defense and secupity.
The propcsed amendments would eliminate the potential for conflict be-i tween Specification 4,6.1.2.d and exemptions-to Appendix J to 10 CFR 50 (relative to Type B and C leakage tests), once granted by the Comission. An example of such potential conflict is illustrated by the licensee's letter to NRC of September 24, 1985. The letter requests partial exemption to 10 CFR 50 Appendix J_ to leak test two mechanical penetrations for the Ice Condenser Refrigera' tion System using glycol as the test medium rather than gas, (The licensee also proposed an acceptance criterion of zero leakage for the test i
using glycol, and if not met, the penetration would then be drained and tested withgasinaccordancewithAppendixJ.) The Comission is presently reviewing the licensee's request for exemption, If granted, this exemption permitting i
the use of glycol could not be implerented without violating existing Specifi-i cation 4,6.1.2d which requires use of gas.
The Comission has provided certain exacples (48 FR 14870) of actions likely to involve no significant hazards considerations. The request involved i
in this case does not match any of those examples. However, the staff has re-
4 viewed the licensee's request for the above amendments and has detemined that should this request be implemented, it would not:
(1)involveasignificant' increase in the probability or consequences of an accident previotisly evaluated or (2) involve a significant reduction in a margin of safety because the Comission's review and approval process for exemptions would assure that con-tainment integrity would not be compromised and that only exemptions meeting the criteria of 10 CFR 50.12(a) above would be granted. The proposed amendments, if implerented, also would not (3) create the possibility of a new or different kind of accident from any accident previously aaluated because Appendix J exemptions would involve only testing aspects rather than hardware changes or operating procedure changes. Accordingly, the Comission proposes to detemine that the change does not involve a significant hazards consideration.
The Coeriission is seeking public coments on this proposed deter;nination.
Any coments re.ceived within 30 days after the date of publication of this notice will be considered in making any final determination. The Comission will not nomally make a final detemination unless it receives a request for a hearing.
Written connents may be submitted to the Rules and Procedures Branch,
-1 Division of Rules and Records, Office of Administration, U.S. Nuclear Regulatory Comission, Washington, D, C. 20555. Coments may also be delivered to Room 4000, Maryland National Bank Building, Bethesda, Maryland from 8:15 a.m.
to 5:00 p.m. Monday through Friday. Copies of coments received may be examined at the NRC Public Document Room, 1717 H Street, N.W., Washington, D.C.
By 3/fd,f flo
, the licenste 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 I
l
- 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 Comission or an Atomic Safety and Licensing Board, designated by the Comission or by the Chaiman of the Atomic Safety and Licensing Board Panel, will rule on the re-c quest 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 peti-tion 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 iden-tify 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 intervere or who has been admitted as a party may amend the petition without requesting leave of thc Board up to fifteen (15) days prior to the first pre-hearing 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
~
5-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 reason-able 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 permitted to intervene become parties to the proceeding, subject to-r 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 Comission will make a final detemination on the issue of no significant hazards consideration. The final' detemination will serve to decide when the hearing is held.
If the final detemination is that the amendment request involves no signi-ficant hazards consideration, the Comission may issue the amendment and make it effective, notwithstanding the request for a hearing. Any hearing held would take plac'e after issuance of the amendment.
If the final determination is that the amendment involves a significant i
hazards consideration, any hearing held would take place before the issuance of any amendment.
Nomally, the Commission will not issue the amendment until the expiration of the 30-day notice period. However, should circumstcnces change during the notice period such that failure to act in a timely wa.y would result, for example, in derating or shutdown of the facility, the Comission may issue the license amendment before the expiration of the 30-day notice period, provided that~ its j-final determination is that the amencient involves no significant hazards P
~ + - -
w--
,,,,--,,,-w+-.--w-r,s,
.,,,-~,-,,,--,.,,-,v.,
-- wa
,.,,, - -,,,, -,m.we
.g-a-
e,
consideration. The final detennination 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 with the Secretary of the Comission, U.S. Nuclear Regulatory Comission, Washington, D.C. 20555, Attention: Docketing and Service Branch, or may be de-livered 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 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 B. J. Youngblood: 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. Nuclea; Regulatory Comission, Washington, D.C. 20555, and to Mr. Albert Carr, Duke Power Company, 422 South Church Street, Charlotte, North Carolina 28242, 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 Comission, the presiding officer or the presiding Atomic Safety and Licensing Board that the petition and/or request, should be granted based upon balancing of the factors specified in 10 CFR 2.714(a)(1)
(i)-(v)and'2.714(d).
r
' For further details with respect to this action, see the application for
(
amendmer.t. which is available for public inspection at the Consission'7' Public Document Room, 1717 H Street, N.W., Washington, D.C., and at the tkins Library, University of North Carolina, Charlotte (UNCC Station), North Carolina 28?23.
Dated at Bethesda, Maryland, this loth day of February 1986.
FOR THE NUCLEAR REGULATORY COMMISSION qL hf C Darl Hood, Acting Director PWR Project Directorate #4 Division of PWR Licensing-A ee e
..