ML20149D139
| ML20149D139 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse  |
| Issue date: | 01/21/1988 |
| From: | De Agazio A Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML20149D144 | List: |
| References | |
| TAC-66967, NUDOCS 8802090396 | |
| Download: ML20149D139 (7) | |
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7590-01 UNITED STATES NUCLEAR REGULATORY COMMISSION TOLEDO EDISON COMPANY AND THE CLEVELAND ELECTRIC ILLUMINATING COMPANY DOCKET NO. 50-346 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE AND PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATIONDETERMINATIONANDOPPORTlJNITYFORHEARING The U.S. Nuclear Regulatory Comission (the Comission) is considering i
issuance of an amendment to Facility Operating License No. NPF-3 issued to Toledo Edison Company and The Clevel,and Electric Illuminating Company (the l
licensees),foroperationoftheDavis-BesseNuclearPowerStation,UnitNo.1, located in Ottawa County, Ohio.
The amendment would permit an extension of the due date for surveillance testing to demonstrate the operability of the required independent circuits I
between the offsite transmission network and the onsite Class IE distribution H
system by automatically and manually transferring the unit power supply to each of the 345 KV transmission lines. This surveillance is required by Technical Specification (TS) Section 4.8.1.1.1.b at least once each 18 months during unit-shutdown. The amendment would extend the due date to April 1, 1988, from Narch 11, 1988.
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.
9802090396 880121 PDR ADOCK 05000346 P
The Comission has made a proposed detennination that the amendment request involves no significant hazards consideration. IJnder the Comission's regulations in 10 CFR 50.92, this means that operation of the facility in accordancewiththeproposedamendmentwouldnot(1)involveasignificant 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 signfficant reduction in a margin of safety.
The licensees have evaluated the proposed change against the above criteria as required by 10 CFR 50.91(a). We have reviewed the licensees' evaluation, and agree with it. The ' licensees c oncluded that:
A.
the change does not involve a significant increase in the probability orconsequencesofanaccidentpreviouslyevaluated(10CFR50.92(c)(1))because the manual and automatic transfer capability will still be available, and deferral of the surveillance test has no impact on the probability of a loss of offsite i
power, load rejection, or station blackout. Also, adequate power sources known l
to be operable such as the diesel generators are available.
B.
the change does not create the possibility of a new or different kind of accident from any accident previously evaluated (10 CFR 50.92(c)(2)) because proper operation of the 13.8 KV transfer bus is still assured, and all failure modes are the same as previously analyzed. No changes to the physical arrangement or operational limits are involved.
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C.
the change does not involve a significant reduction in a margin of safety (10 CFR 50.92(c)(3)) because all the assumptions used for the accident analyses in the Updated Safety Analysis Report remain unchanged, and the consequences of a malfunction of the 13.8 KV bus transfer remain within the bounds previously analyzed.
Therefore, based on these considerations and the three criteria given above, the Comission has made a proposed determination that the amendment request involves no significant hazards consideration.
The Comission is seeking public coments on this praposed determination.
Any coments received within 30 days after the date of publication of this i
notice will be considered in making any final determination. The Comission will not normally make a final determination unless it receives a request for a hearing.
Written coments may be submitted by mail 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 I
publication date and page number of this FEDERAL REGISTER notice. Written coments may also be delivered to Room 4000, Maryland National Bank Building, t
7735 Old Georgetown Road, Bethesda, Maryland, from 8:15 a.m. to 5:00 p.m.
Copies of written coments received may be examined at the NRC Public Document Room 1717 H Street, NW, Washington, D.C.
The filing of requests for hearing and petitions for leave to intervene is discussed below.
By February 26, 1988, the licensees 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 petition for leave to intervene. Request for a hearing and e-
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 Comission 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 designated Atomic Safety and Licensing Board will issue a notice of hearing or an appropriate order..
As required by 10 CFR 92.714, a petition for leave to intervene shall set forth with particularity the interest of the petitioner in the proceeding, and f
how that interest may be affected by'the results of the procaeding.
The petitfor should specifically explain the reasons why intervention should be pennitted 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 petithner's property, financial, or other interest in the proceeding; and (3) the possible effect of any order which may
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be entered in the proceeding on the petitioner's interest. The petitit.n should also identify the specific aspect (s) of the subject matter of the 3
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 tha petition without requesting leave of the Board up to fifteen (15)dayspriortothefirstprehearingconferencescheduledinthe preceeding, 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 to intervene which must include a list of the contentions which are l-
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 pemitted to participate as a party.
Those pemitted 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 detemination on the issue of no significant hazaIds consideration. The final detemination
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will serve to decide when the hearing is held.
If the final detemination is that the amendment request involves no significant hazards consideration, the Comission may issue the amendment and j
make it effective, notwithstanding the request for a hearing. Any hearing held would take place after issuance of the amendment.
f If the final detemination is that the amendment involves a significant hazards consideration, any hearing held would take place before the issuance of any amendment.
Nomally, the Comission will not issue the amendment untti 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 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 final detemination is that the amendment involves no significant hazards consideration. The final detemination will consider all public and State coments received.
Should the Comission take this
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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 infonn the Comission by a toll-free telephone call to I
Western Union at 1-800-325-6000(inMissouri 1-800-342-6700). The Western Union operator should be given Datagram Identification Number 3737 and the l
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following message addressed to Kenneth Perkins: petitioner's name and telephone number; date petition was mailed; plant name; and publication date i
and page 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 Comission. Washington, D.C.
20555, and to Gerald Charnoff, Esq.,
2300 N Street, N.W., Washington, D.C. 20037, attorney for the licensees.
Nontimely filings of petitions for leave to intervene, amended petitions, j
supplemental petitions and/or requests for hearing will not be entertained absent a detennination 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 the factors specified in 10 CFR 2.714(a)(1)(i)-(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 Comission's Public Document Room, 1717 H Street, N.W., Washington, D.C., and at the the
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University of Toledo Library, Documents Department, 2801 Bancroft Avenue, Toledo, Ohio 43606.
Dated at Bethesda, Maryland, this 21st day of January,1988.
FOR THE NUCLEAR REGULATORY COMMISSION hY f
Albert W. De Agazio, Project Manager i
Project Directorate III-1 Division of Reactor Projects - III, IV, V
& Special Projects L.
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