ML20150E004

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Notice of Consideration of Issuance of Amend to License DPR-40 & Proposed NSHC Determination & Opportunity for Hearing on 880309 Request to Revise Tech Specs to Allow one- Time Extension in Surveillance Interval to Insp Generator 1
ML20150E004
Person / Time
Site: Fort Calhoun Omaha Public Power District icon.png
Issue date: 03/14/1988
From: Bournia A
Office of Nuclear Reactor Regulation
To:
Shared Package
ML20150E003 List:
References
NUDOCS 8803250333
Download: ML20150E004 (7)


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tiNITED STATES REGULATORY COMISSION OMAHA PUBLIC POWER DISTRICT DOCKET NO. 50-285 FORT CAL'40VN STATION, l' NIT 1 I

NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY A CPERATING LICENSE AND PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION AND OPPORTUNITY FOR HEARING 4

The U.S. Nuclear Regulatory Comission (the Comission) is considering issuance of an amendment to Facility Operating License No. DRP-40, issued to OmahaPublicPowerDistrict,Ihelicensee),foroperationofFortCalhoun t

Statien, Unit 1, located in Washington County, Nebraska. The request for amendment was suNeitted by letter dated Parch 9, 1988.

TheproposedarendmentwouldrevisetheTechnicalSpecifications(TS)to j allow a cre-time extension in the 18 month surveillance interval for the irspection of Diesel Generator No. 1. This extention would allow performance of this inspection during the refueling outage scheduled to begin September 1988. The 18 month inspection of Die.el Generator No. 1 is currently due by j April 30, 1988.

l l Before issuance of the proposed license amendment, the Comission will have made findings required by the Atomic Energy Act of 1954, as amended (the l I

Act) and the Comission's regulations.

The Comission has made a proposed determination that the request for j 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 l increase in the probability or consequences of an accident previously evaluated,

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I or (2) create the possibility of a new or different kind of accident from any  !

accident previously evaluated, nr (3) involve a significant reduction in a ,

l r margin of safety. l This determination is based upon the staff's review of the licensee's discussion regarding the above criteria which proposes to determine that the requested charges do not involve a significant harards censideration because the proposed changes would not: , l

1. Significantly increase the probability of occurrence or the consequences for an accident or malfunction of equipment irrportant to safety previously i evaluated in the safety analysis report. The diesel generators are star.dby equipment. They do not centribute to the occurrence of an accident. l l

However, the diesel generators are used in certain accident-mitigating sequences. This one-time extension does not degrade the ability of Diesel Generator No. 1 to respond and operate as reouired for accident mitigation.

Past operatino history has indicated a high degree of reliability for Diesel Generator No. !. Fonthly surveillances on Diesel Generator No. I will continue to be performed as required by the Technical Specif0:ations to monitor performance parameters.

2. Create the possibility for an accident or malfunction of a different type than any evaluated previously in the safety analysis report. The diesel generators are standby equipment. Operability of Diesel Generator No.1 is still assured and the one-time extension does not alter the failure modes previously analyzed in the safety analysis report.

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3. Significantly reduce the trargin of safety as defined in the basis for any Technical Specificatter. The function of N esel Generator No I remains unchanged and the possibility of the failure of a diesel generator is within the bounds of the margins of safety as defined in the Fort Calhoun Station Technical Specifications.

The staff agrees with the licensee's analysis, and accordingly, the Comission proposes te determine that the prcposed changes to the Technical Specifications involves ro significant hazards consideration.

The Comicsion 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 nomally make a final detemination urless it receives a reouest for a hearing. I Coments should be addressed to the Rules and Procedures Branch, Division of Pules and Records, Office of Administration, U.S. Muclear Regulatory Comission, Washington, D.C. 20555, and should cite the publication date and page number of this FEDERAL REGISTER notice. Written coments may also be ,

l delivered to Poom 4000, Maryland National Bank Building, 7735 Old Georgetown l Road, Bethesda Maryland form 8:15 a.m. to 5:00 p.m. Copies of written coments may be examined at the NRC Public Document Room,1717 H Street, N.W., I Washington, D.C. The filing of requests for hearing and petitions for leave to intervene is discussed below.

By April 18, 1988 , the Itcensee 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

4 who wishes to participate as a party in the proceeding must file a written l petition for leave to intervene. Request for a hearing and petitiers for leave to intervene must be filed in accordance with the Comission's "Rules of Practice for Domestic Licensing Proceedings" in 10 CiR Part 2. If a request for a hearing er petition for leave to intervere is filed by the above date, the Comission or an Atomic Safety and Licensing Peard Panel will rule on the request and/or petition, and the Segretary cr the designated Atomic Safety and Licensing Beard will issue a notice of hearing or an appropriate crder.

As required by 10 CFR 2.714, a petition for leave to intervene must set forth with particularity the interest of the petitioner in the proceeding, and how that interest ray be affected by the results of the proceeding. The petitiu sbculd specifically uplain the reasons why intervention should be permitted with particular reference to the followint . tors: (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 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)  !

I days prior to the first prehearing ccnference scheduled in the proceeding, but '

such e.n amended petition must setisfy 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

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petition to intervene which rust include a list of the contentions which are sought to be litigated in the ratter, 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 1 to file such a supplement which satisfies these requirements with respect to at least one contention v:111 not be permitted to participate as a party.

Thosepermittedtointervenabgcomepartiestotheproceeding,subjectto i

any limitations in the order granting leave to intervene, and have the l opportunity to participate fully in the conduct of the hearing, including the opportunity te present evidence and cross-examine witnesses.

1 If a hearing is requested, the Commission will make a final determination on the ihsue of no significant hazards consideration. The final determination will serve to decide whea the hearing is held.

If the final determination is that the request for amendment involves no significant hazards censideration, the Commission may issue the amendnent and make it effective, notwithstanding the request for a hearing. Any hearing held would take place after issuance of the amendment.

Normally, the Connission will not issue the amendment until the expiration of the 30-day notice period. However, should circunstances change during the notice such that failure to act in a timely way would result, for example, 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 firal determinatior 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 l

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publish a notice of issuance and provide for opportunity for a hearing after issuance. The Comissien expects that the need to take this action will occur very infrequently.

A request for c hearing or a petition for leave to intervene must be filed with the Secretery of the Comission, U.S. Nuclear Regulatory Cmnistien, Washington, P.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 prceptly 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 ressage addressed to Jose A. Calvo: petitioner's name and telephone number; date petition was nailed; plant name; and publication date and page nunber of this FEDEPJL REGISTER notice. A copy of the petition should also be sent to the Office of the Gereral Counsel-Rockville, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555, and to LeBoeuf, Lamb, Leiby and MacRae, 1333 New Hampshire Avenue, N.W., Washington, D.C. P.0036, attorneys for the l licensee.

Nontimely filings of petitions for leave to intervene, amended petitions, ,

l supplemental petitions and/or requests for hearing will not be entertained I absent a determination by the Comission, the presiding efficer or the presiding Atomic Safety and Licensing Board, that the request should be granted based upon a balancing of the factors specified in 10 CFR 2.714 (a)(1)(1)-(v)and2.714(d).

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1 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 Recr., 1717 H Street, N.W., Washington, D.C., and at the W. Dale Clark Library, ?!5 South 15th Street. Omaha, Nebraska 68102.

Dated at Rockville, Maryland, this 14th day of March,1988.

FOR THE NUCLEAR REGULATORY COMMISSION 1

Cvhes<y l&&u u-:s Anthony 86urnia, Project Manager Project Directorate - IV Division of Reactor Projects - III, IV, V and Special Projects Office of Nuclear Reactor Regulation 1

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