ML20147F265
| ML20147F265 | |
| Person / Time | |
|---|---|
| Site: | Cooper  |
| Issue date: | 02/23/1988 |
| From: | Dick G Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML20147F271 | List: |
| References | |
| NUDOCS 8803070299 | |
| Download: ML20147F265 (6) | |
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7590-01 UNITED STATES REGULATORY COMMISSION NEBRASKA PUBLIC POWER DISTRICT DOCKET NO. 50-298 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE AllD PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION AND OPPORTUNITY FOR HEARING The U.S. Nuclear Regulatory Commission (the Comission) is considering issuance of an amenc' ment to Facility Operating License No. DRP-46, issued to Nebraska Public Power District, (the licensee), for operation of Cooper Nuclear Station, located in Nemaha County, Nebraska.
The proposed amendment would modify the Technical Specifications (TS) to permit the use of fuel assembly and control blade lead Test Assemblies under the provisions of 10 CFR 50.59. Specifically, during the forthcoming Cycle 11 refuelingoutage,thelicensee,incooperationwiththerestorvendor(General Electric Co.) plans to install two lead Test Assembly (LTA) control blades and four LTA fuel assemblies of different designs than previously approved for Cooper Nuclear Station.
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 request for amendment 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 amendment would not (1) involve a significant increase in the probability or consequences of an accident previously evaluated, 8803070299 800223 PDR ADOCK 05000298 P
. 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, in a letter from T. Ippolito to R. Engel, dated September 23, 1981 encouraged LTA test programs and stated that as long as analyses of LTAs use approved methods and meet approved criteria, it will be concluded that no unreviewed safety question exists. Under the terms of the proposed amendment, LTA installations will be verified by the licensee to be in accordance with approved methods and criteria and a report forwarded to the Comission at least 30 days prior to operation. Accordingly, 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 significant reduction in a margin of safety.
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 eny final determination. The Comission will not normally make a final determination unless it receives a request for a hearing.
Coments should be addressed to the Rules and Procedures Branch, Division of Rules and Records, Office of Administration, U.S. Nuclear Regulatory Comission. Washington, D.C.
20555, and should cite the publication date and page number of this FEDERAL REGISTER notice.
. By March 31, 1988
. 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 anust file a written petition for leave to intervene. Request for a hearing and petitions for leave to intervene must be fileo 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 Comission or an 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 fer leave to intervene must 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 a party to the proceeding; (2) the nature and extent of the petitioner's property, financial, or other interest in the proceeding; and (3) fhe 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 the 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 fifteen (15) a
4 days prior to the first prehearing conference scheduled in the proceeding, but such an amended petition must satitfy the specificity requirements described above.
Not later than fifteen (15) days prior to the first prehearing conference scheduled in the proceeding -the 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 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 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 determination on the issue of no significant hazards consideration. The final determination will serve to decide when the hearing is held.
If tne final determination is that the request for amendment involves no significant hazards consideration, the Comission may issue the amendment and make it effective, notwithstanding the request for a hearing. Any hearing held would take place after issuance of the amendment.
Nonnally, the Comission will not issue the amendment until the expiration of the 30-day notice period. However, should circumstances change during the notice such that failure to act in a timely way would result, for J
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. 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 final determination is that the amendment involves no significant hazards consideration. The final determination will consider all public and state coments received. Should the Commission take this action, it will publish a notice of issuance and provide for opportunity for a hearing after issuance. The Comission 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 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 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 Jose A. Calvo:
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-Rockville, U.S. Nuclear Regulatory Comission, Washington, D.C.
20555, and to Mr. G.D. Watson, Nebraska Public Power District, Post Office Box 499, Columbus, Nebraska 68601, attorney for the licensee.
, Nontinely 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 Commissien, the presiding officer or the presiding Atomic Safety and Licensing Board, that the request should be granted based upon a balancing cf the factors specified in 10 CFR 2.714 (a)(1)(1)-(v)and2.714(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 Street, N.W., Washington, D.C., and at the Auburn Public Library, 118 15th Street, Auburn, Nebraska 88305.
Dated at Reckville, Maryland, this 23rd day of February,1988.
FOR THE NUCLEAR REGULATORY COMMISSION
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Georg( F. Dick, Jrl, Acting Director Project Directorate - IV Division of Reactor Projects - III, IV, Y and Special Projects Office of Nuclear Reactor Regulation O