ML20151Z502

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Notice of Consideration of Issuance of Amend to License NPF-43 & Proposed NSHC Determination & Opportunity for Hearing.Amend Would Change Tech Spec Table 4.3.1.1-1, Reactor Protection Sys Instrumentation Surveillance..
ML20151Z502
Person / Time
Site: Fermi DTE Energy icon.png
Issue date: 04/27/1988
From: Muller D
Office of Nuclear Reactor Regulation
To:
Shared Package
ML20151Z507 List:
References
NUDOCS 8805050286
Download: ML20151Z502 (7)


Text

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p 7590-01 Uh!TED STATES NUCLEAR REGULATORY COMMISSION DETROIT EDISON C0ftPANY WOLVERINE POWER SUPPLY COOPERATIVE, INCORPORATED DOCKET NO. 50-341 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE AND PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION l

DETERMINATION AND OPPORTUNITY FOR HEARING The United States Nuclear Regulatory Comission (the Comission) is considering issuance of an amendment to Facility Operating License No.

NPF-43, issued to the Detroit Edison Company and Wolverine Power Supply Cooperative, Inc. (the licensees), for operation of Fermi-2 located in

!!onroe County, Michigan.

In accordance with the licensees' application for amendment dated April 20, 1988, the amendment would change Technical Specification Table 4.3.1.1-1, "Reactor Protection System Instrumentation Surveillance Require-ments," to delete the Daily Channel Check requirements of Note (g) for the Average Power Range lionitor Flow Biased Neutron Flux - High Scram Functional Unit.

Prior to 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 amendment request involves no signficant hazards consideration.

Under the Comission's regulations in 10 CFR 50.92, this means that operation of the facility in

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Q1 accordance with the proposed amendment would not (1) involve a significant increase in the probability or consequences of an accident previously I

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 licensees have determined, and the Conunission agrees, that the proposed change to the Technical Specifications:

(1) Does not involve a significant increase in the probability or consequences of an accident previously evaluated. The change only removes a requirement determined to have no meaningful value from a safety point.

With properly maintained reactor protection system (RPS) instrumentation and periodic m-ratio checks, the accuracy / conservatism of the APRM-FBNF trip is assured and the validity of the loss of feedwater heater transient analysis (which takes credit for the APRM-FBNF trip) is not adversely affectedbythedeletionofNote(g). Gross deviations from the established core-flow and drive-flow conditions (m-ratio) will continue to be indicated by performance of the surveillance required under Technical Specification 3/4.4.1.2.

(2) Does not create the possibility of a new or different kind of accident from any accident previously evaluated because no new modes of operation or changes to plant design are involved, i

(3) Does not involve a significant reduction in a margin of safety because the relationships (under Specification 3.2.2) used to establish the APRM Flow-Biased Neutron Flux - High Scram and Flow-Biased Neutron Flux-Upscale control rod block trip setpoints will remain unchanged.

The APRM-indicated recirculation loop drive flows will continue to be

? appropriately checked to ensure that their established relationship to total core flow is preserved. All other operability and surveillance requirements associated with the affected instrumentation remain 1

unchanged.

Accordingly, the Commission proposes to determine that the proposed amendment involves no significant hazards consideration.

The Commission is seeking public comments on this proposed determin-ation. Any comments received within 30 days after the date of publication of this notice will be considered in making any final determination. The Commission will not normally make a final determination unless it receives a request for a hearing.

Written comments may be submitted by mail to the Rules and Procedures Branch, Division of Rules and Records, Office of Administration, U.S.

Nuclear Regulatory Commission, Washington, D.C. 20555, and should cite the publication date and page nunter of this FEDERAL REGISTER notice. Written comments may also be delivered to Room 4000, Maryland National Bank Building, 7735 Old Georgetown Road, Bethesda, flaryland from 8:15 a.m. to 5:00 p.m.

l Copies of written comments received may be examined at the NRC Public Document l

Room, 1717 H Street, N.W., Washington, D.C.

The filing of requests for hearing and petitions for leave to intervene is discussed below.

By May 31, 1984 the licensees may file a request for a hearing with respect to issuance of the amendment to the subject facility operating l

license and any person whose interest may be affected by this proceeding I

and who wishes to participate as a party in the proceeding must file a written request for hearing and a petition for leave to intervene.

Requests for a hearing and petitions for leave to intervene shall be filed in accordance with

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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 i

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 particularly the interest of the petitioner in the proceed-ing and how that interest may be affected by the results of the proceeding.

The petition should specifically explain the reasons why i'tervention 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 wnich may be entered in the proceeding on the petitioner's 1

interest. The petition should also identify the specific aspect (s) of the i

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 fifteen (15) days prior to the first prehearing conference i

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 to intervene, which must include a list of I

6 the contentions that 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 l

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 the final determination is that the amendment request involves no significant hazards consideration, the Commission may issue the amendment and make it effective, notwithstanding the request for a l

hearing. Any hearing held would take place after issuance of the amendment.

If the final determination is that the amendment involves a significant hazards consideration, any hearing held would take place before the issuance of any amendment.

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Normally, the Comission 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 l

, Comission may issue the license amendment before the expiration of the 30-day notice period, provided that itr final determination is that the amendment involves no significant hazards consideration. The final determination will consider all public and State coments received.

Should the Comission 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 Granch, 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 1-800-325-6000 (in Missouri 1-800-342-6700).

The Western Union operator should be given Datagram Identification Number 3737 and the following message addressed to Daniel R. Muller: (petitioner's name and telephone number); (date 1

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, U.S. Nuclear Regulatory Comission, Washington, D.C.

20555, and to John Flynn, Esq.,

Detroit Edison Company, 2000 Second Avenue, Detroit, Michigan 48226, 4

attorney for Detroit Edison Company.

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r-a i 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 Commission, the presiding officer or the presiding Atomic Safety and Licensing Board that the petition and/or request should be granted bssed upon a balancing of the factors specified in 10 CFR 2.714(a)(1)(i)-(v) and 2.714(d).

For further detafis with respect to this action, see the application for amendment dated April 20, 1988, which is available for public inspection at the Connission's Public Document Room, 1717 H Street, N.W., Washington, D.C.

20555, and at the Monroe County Library System, 3700 South Custer Road, Monroe, Michigan 48161.

Dated at Rockville, Maryland, this 27 day of April.

FOR THE NUCLEAR REGULATORY COMMISSION k

A Daniel R. Muller, Acting Director Project Directorate III-1 Division of Reactor Projects - III, IV, Y and Special Projects i

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