ML20151V312
| ML20151V312 | |
| Person / Time | |
|---|---|
| Site: | Oyster Creek |
| Issue date: | 09/03/1998 |
| From: | Eaton R NRC (Affiliation Not Assigned) |
| To: | |
| Shared Package | |
| ML20151V315 | List: |
| References | |
| NUDOCS 9809140236 | |
| Download: ML20151V312 (7) | |
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7590-01-P F
UNITED STATES NUCLEAR REGULATORY COMMISSION GPU NUCLEAR. INC.
DOCKET NO. 50-219 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE. PROPOSED NO SIGNIFICANT HAZARDS 4
CONSIDERATION DETERMINATION. AND OPPORTUNITY FOR A HEARING The U.S. Nuclear Regulatory Commission (the Commission) is considering issuance of an amendment to Facility Operating License No. DPR-16 issued to GPU Nuclear, Inc., the licensee) for operation of the Oyster Creek Nuclear Generating Station located in Ocean County, New Jersey, i
i The proposed amendment would remove the requirement for the Automatic i
Depressurization System (ADS) function of the Electromatic Relief Valves (EMRV) to be operable during Reactor Vessel Pressure Testing. Additionally, note h of Table 3.1.1 will be corrected due to a typographical error introduced in the issuance of Amendment 75.
Before issuance of the proposed license amendment, the Commission will have made findings required by the Atomic Energy Act of 1954, as amended (the Act) and the Commission's regulations.
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i The Commission has made a proposed determination that the amendment request involves no significant hazards consideration. Under the Commission's regulations in 10
- CFR 50.92, this means that operation of the facility in accordance with the proposed 4
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l amendment would not (1) involve a significant increase in the probability or consequences of l
an accident previously evaluated; or (2) create the possibility of a new or different kind of i
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2 accident from any accident previously evaluated; or (3) involve a significant reduction in a i
margin of safety. As required by 10 CFR 50.91(a), the licensee has provided its analysis of the issue of no significant hazards consideration, which is presented below:
J 1.
State the basis for the deternination that the proposed activity will or will not increase the probability of occurrence or consequences of an accident.
As the ADS is not required to mitigate a (Loss of Coolant Accident] LOCA during reactor vessel pressure testing and this change will not affect the integrity of the reactor pressure vessel, bypassing the ADS during vessel pressure testing will not affect the probability of occurrence or the consequences of an accident previously evaluated in the (safety analysis report] SAR Correcting the allowed out of service time for the relief function of the EMRVs does not impact any of the accidents previously evaluated by the SAR.
2.
State the basis for the determination that the activity does or does not create the possibility of an accident or malfunction of a different type than any previously identified in the SAR.
This change does not change the ADS system or affect its function; therefore, it does not create the possibility for an accident or malfunction of a different type than previously identified in the SAR.
3.
State the basis for the determination that the margin of safety is not reduced.
The effect of the unavailability of Primary Containment has been previously analyzed for Amendment 120 to the Technical Specifications. This analysis may be applied to bypassing ADS since Primary Containment is required for ADS to initiate. Therefore, the Margin of Safety is not reduced by this change.
This Technical Specification change reestablishes the out of service time to the value originally established in Amendment 44.
The NRC staff has reviewed the licensee's analysis and, based on this review, it appears that the three standards of 10 CFR 50.92(c) are satisfied. Therefore, the NRC staff proposes to determine that the amendment request involves no significant hazards consideration.
The Commission is seeking public comments on this proposed determination. Any comments received within 30 days after the date of publication of this notice will be considered in making any final determination.
3 Normally, 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 would result, for example, in derating or shutdown of the facility, the Commission may issue the license amerhdment 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 comments received. Should the Commission take this action, it will publish in the FEDERAL REGISTER 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.
Written comments may be submitted by mail to the Chief, Rules and Directives Branch, Division of Administrative Services, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and should cite the publication date and page number of this FEDERAL REGISTER notice. Written comments may also be delivered to Room 6D59, Two White Flint North,11545 Rockville Pike, Rockville, Maryland, from 7:30 a.m. to 4:15 p.m. Federal workdays. Copies of written comments received may be examined at the NRC Public Document Room, the Gelman Building,2120 L Street, NW., Washington, DC.
The filing of requests for hearing and petitions for leave to intervene is discussed below.
By October 9,1998
, 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 must file a written request for a hearing and a petition for leave to intervene.
Requests for a hearing and a petition 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.
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Interested persons should consult a current copy of 10 CFR 2.714 which is available at the Commission's Public Document Room, the Gelman Building,2120 L Street, NW.,
Washington, DC, and at the local public document room located at the Reference Department, Ocean County Library,101 Washington Street, Toms River, NJ 08753, if a requist 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 Commission 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 willissue 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 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 party to the proceeding; (2) the nature and extent of the petitioners 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 petitioners interest. The petition should also identify 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 intervene or who has been admitted as a party may amend the petition without requesting leave of the Board up to 15 days prior to the first prehearing conference scheduled in the proceeding, but such an amended petition must satisfy the specificity requirements described above.
Not later than 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 sought to be litigated in the matter. Each contention must
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consist of a specific statement of the issue oflaw or fact to be raised or controverted. In addition, the petitioner shall provide a brief explanation of the bases of the contention and a concise statement of the alleged facts or expert opinion which support the contention and on which the petitioner intends to rely in provinythe contention at the hearing. The petitioner must also provide references to those specific sources and documents of which the petitioner is aware r.nd on whid the petitioner intends to rely to establish those facts or expert opinion.
Petitioner must provide sufficient information to show that a genuine dispute exists with the applicant on a materialissue oflaw or fact. Contentions shall be limited to matters within the scope of the amendment under consideration. The contention must be one which, if proven, would entitle the petitioner to relief. A petitioner who fails to file such a supplement which satisfies these requirements with respect to at least one contention wili 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 Commission will make a fintil determination on the issue of no significant hazards consideration. The final determination wiil serve to decide when the hearing is held.
If the final determination is that the amendment request involves no significant hazards consideration, the Commission may issue the amendment and make it immediately effective, notwithstanding the request for a hearing. Any hearing held would take place after issuance of the amendment.
If the final determination is that the amendment request involves a significant hazards consideration, any hearing held would take place before the issuance of any amendment.
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j A request for a hearing or a petition for leave to intervene must be filed with the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-i l
0001, Attention: Rulemakings and Adjudications Staff, or may be delivered to the l
Commission's Public Document Room, the Gelman Building,2120 L Street, NW.,
1 Washington, DC, by the above date. A copy of the petition should also be sent to the Office
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of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and to Shaw, Pittman, Potts & Trowbridge,2300 N Street, NW., Washington, DC 20037, j
attomey for the licensee.
Nontimely filings of petitions for leave to intervene, amended petitions, supplemental l
petitions and/or requests for hearing will not be entertained absent a determination by the i
Commission, 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 i
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 dated August 21,1998, which is available for public inspection at the Commission's Public
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Document Room, the Gelman Building,2120 L Street, NW., Washington, DC, and at the local i
i public document room located at the Reference Department, Ocean County Library,101 Washington Street, Toms River, NJ 08753.
4 Dated et Rockville, Maryland, this 3rdday of September 1998.
FOR THE NUCLEAR REGULATORY COMMISSION y
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Ronald B. Eaton, Senior Project Manager i
Project Directorate 1-3 Division of Reactor Projects - 1/11 Office of Nuclear Reactor Regulation
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September 3, 1998 MEMORANDUM T : --
Rules and Directives Branch
- Division of Administrative Services Office of Administration FROM:
Office of Nuclear Reactor Regulation
SUBJECT:
NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENTS TO FACILITY OPERATING LICENSE PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION AND OPPORTUNITY FOR A HEARING One signed original of the federa/ Register Notice identified beinw is attached for your transmittal to the Office of the Federal Register for publication. Additional conformed copies ( 5 ) of the Notice are enclosed for your use.
O Notice of Receipt of Application for Construction Permit (s) and Operating License (s).
C Notice of Receipt of Partial Application for Construction Permit (s) and Facility License (s):
Time for submission of Views on Antitrust matters.
@ 30-day insert date). Notice of Consideration of issuance of Amendment to Facility Op C Notice of Receipt of Application for Facility License (s); Notice of Availability of Applicant's Environmental Report; and Notice of Consideration of issuance of Facility License (s) and Notice of Opportunity for Hearing.
Notice of Availability of NRC Draft / Final Environmental Statement.
Notice of Limited Work Authorization.
O Notice of Availability of Safety Evaluation Report.
Notice of issuance of Construction Permit (s).
O Notice of Issuance of Facility Operating License (s) or Amendment (s).
C Order.
Exemption.
O Notice of Granting Exemption, i
Environmental Assessment.
Notice of Preparation of Environmental Assessment.
Receipt of Petition for Director's Decision Under 10 CFR 2.206.
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issuance of Final Director's Decision Under 10 CFR 2.206.
Other:
DOCKET NO90cket No. 50-219 Attachment (s): As stated
Contact:
T. Clark Telephone 415-1474 DOCUMENT NAME:
To rscehen a copy of this document, indicate in the box "C"
Copy without attachment / enclosure "E" = Copy with attachment / enclosure "N* = No copy OFFICE PDI 3 l
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//f d DATE 08/03/98 OFFICIAL RECORD COPY