ML20155E925
| ML20155E925 | |
| Person / Time | |
|---|---|
| Site: | Palisades  |
| Issue date: | 10/04/1988 |
| From: | Wambach T Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML20155E930 | List: |
| References | |
| NUDOCS 8810130061 | |
| Download: ML20155E925 (7) | |
Text
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ -
7590-01 UNITED STATES NUCLEAR REGULATORY COMMISSION CONSUMERS POWER COM_PANY DOCKET NO. 50-255 NOTICE OF CONSIDERATION OF ISSUANCE OF AMEhDMENT TO PROVIS10NA,L_0PERATING_ LICENSE AND PROPOSED NO $_l,G_N_lFIC_ ANT HAZ,A_RDS CONSIDERATION DETERMINATION AND OPPORTUNITY FOR HEARING The United States Nuclear Regulatory Comission (the Comission) is considering issuance of an anendment to Provisional Operating L' cense No. DPR-20 issued to the Consurers Power Company (the licensee), for operation of the Palisades Plant (the facility), located in Van Buren County, Michigah.
In accordance with the licensee's application int amendment dated August 4, 1908, the proposed amendrent would change and add Technical Specifications related to the operability and surveillance for certain post-accider.t ronitoring instrun.entation.
Specift:E,r, the operability requirements for the Subcooling Pargin Fonitor will be extended from 515'F and greater to 32t, F and greater, and operability and surveillance requirements for the Reactor Vessel Level Fonitoring System are being added to the Technical Specifications to cover the system which is being installed for the first time during the 1988 refueling outage.
Prior to issuance of the proposed license arendment,' the Comission will have vr.ade findings required by the Atomic Energy Act of 1954, as amended (the Act) and the Comission's regulations.
The Comission has made a proposed detemination that the amendment request involves no significant harards consideration. Under the Comission's regulations in 10 CFR 50.92, this reans that operation of the facility in accordance with the proposed anendment would not (1) involve a significant 8810130061 881004 FDR ADOCK 05,000255 P
PDC i
)
i.
l increase in the probability or consequences of an accident previously evaluated; a
or (2) create the possibility of a new or different kind of accident from any i
l accident previously evaluated; or (3) involve a significant reduction in a l
margin of safety.
1 The licensee has evaluated whether this amendment involves a significant j
hazards consideration. The licensee determined that since incorporating instrumentation operability and surveillance requirements in Technical r
Specifications provides additional assurance that the equipment will be i
l
]
available for use in the unlikely event of an accident, it cannot increase the probability of an accident or malfunction of equipment and nay reduce the y
consequerces of an accident. The licensee also detemined that the addition of I
these operability and surveillance requirements does not reduce the margin of l
i l
l safety provided by any of the existing instrurentation systems. The licensee, j
l therefore, cor "udes that a significant hazards consideration is not l
l involved.
l The Comission's staff also notes that since both these changes incorporate l
[
additional restrictiens over those presently contained in the Technical
(
]
Specifications, they match Exanple (ii) given by the Comission as an example of i
amendments not likely to involve significant hazards considerations (53 FR 7751).
Examplc (ii) is a change that constitutes an additional limitation, restriction, j
b I
or control not presently included in the technical specifications, e.g., a more i
1 l
stringent surveillance requirement.
In addition, these changes involve instrumentation which are passive, l
r.onitoring systens and do not create the possibility of a new accident or l
malfunction of equipment not previously analyzed. The Comission's staff, I
4 l
therefore, agrees with the licensee and proposes to determine that the proposed i
arendrent involves no significant hazards consideration.
i l
i
3 The Comission is seeking pubife coments on this proposed detemination.
Any coronents received within 30 days after the date of publication of this notice will be considered in making any final detemination. The Comission will not nomally make a final detemination unless it receives a request for a hearing.
Written coments may be submitted by mail to the Regulatory Publications
]
Branch, Division of Freedom of Infomation and Publications Services, Office of Administration and Resources Managenent, U.S. Nuclear Regulatory Comission, I
Washington, DC 20555, and should cite the publication date and page number of I
this FEDERAL REGISTER notice. Written coments may also be delivered to Room P-216. Phillips Building, 7920 Norfolk Avenue, Bethe:da, Maryland, from 7:30 a.m.
f to 4: 15 p.m.
Copies of written coments received may be exanined at the NRC Public Docurent Room, Gelman Building, 2120 L Street, NW., Washington, DC. The filing of requests for hearing and petitions for leave to intervere is discussed I
below.
By November 10
, the licensee may file a request for a hearing with
]
respect to issuance of the amendrent to the subject provisional operating 1
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 hearing and a petition for leave to intervene.
Requests for a hearing and j
petitions for leave to intervene shall be filed in accord'an:e with the Comission's "Rules of Practice for Domestic Licensing Proceedings" in 10 CFR i
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 Chaiman of the Atomic Safety and Licensing Board Panel, will rule on the request and/or petition, and the
4 J
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 j
forth with particularly the interest of the petitioner in the proceeding and how that interest may be affected by the results of the proceeding. The petition i
should specifically explain the reasons why intervention should be pemitted with particular reference to the following factors: (1) the nature of the petitioner's right under the Act to be :nade a party to the proceeding; (2) the
]
nature and extent of the petitioner's property, financial, or other interest in l
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 thespecificaspect(s)ofthesubjectmatteroftheproceedingastowhich petitioner wishes to intervene. Any person who has filed a petition for leave to intervene or who has been adraitted as a party may arrend the petition without requesting leave of the Board up to fifteen (15) days prior to the first prehearing conference scheduled in the proceeding, but such an arrended petitien nost satisfy the specificity requirer ents 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 that are sought to be litiga ted in the matter, and the bases for e'ach 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 requirer ents with respect to at least one contention will not be pemitted to participate as a party.
These pemitted to intervene becor'e parties to the proceeding, subject to
-S-i any limitations in the order granting leave to intervene, and have the
~
opportunity to participate fully in tha conduct of the hearing, including the opportunity to present evidence and cross-examine witnesses.
If a hearing is tequested, the Commission will make a final determination 1
on the issue of no significant hazards consideration.
The final deteminatien will serve to decide when the hearing is held.
If the final determination is that the amendment request involves no l
significant hazi.rds consideration, the Ctemission may issue the amendment and make it effer'.,1ve, notwithstanding the request for a hearing.
Any hearing held would tde 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.
I 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 Commissilon may issue the license amendment before the expiration of the 30-day notice period, provided that its 1
final determination is that the amendment involves no significant hazards l
consideration.
The final determination will consider all public and State 1
coments received.
Should the Commission take this action, it will publish a notice of issuance and pros'ide for opportunity for a hearing after issuance.
The Commission 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 Commission, U.S. Nuclear Regulatory
I Comission Washington, DC 20555, Attention: Decketing and Service Branch, or Ny be delivered to the Comission's Public Document Room 2120 L Street, NW.,
t Washington, DC, 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 i
so infom the Comission by a toll-free telephone call to 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 following message addressed to Theodore Quay: (petitioner's name and telephene number); (date petition was mailed); (plant name), and (publication date and page number of this FEDERAL REGISTERnotice). A copy of the petition should also be sent to the Office of the General Counsel, U.S. Nuclear Regulatory Comission, Washington, DC 70555, and to Judd L. Bacon. Esq., Consurers Power Company, 21? West Michigan Avenue,
, Jackson,iichigan 49201, attorney for Consurers Power Company.
Nontirely filings of petitions for leave to intervene, amended petitiers, I
supplemental petitiens and/or requests for hearing will not be entertained absent a deterrination by the Comission, the presiding officer or the presiding Atomic Safety and Licensing Board, that the petitien and/or request should te granted based upon a balancing of 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 dated August 4,1988, which is available for public inspection at the f
i I
l t
I i
i
i
[
f,,
1 1
Comission's Public Document Room 2120 L Street, NW., Washington, DC~ 20555 j
and at the Van Zoeren Library, Hope College, Holland, Michigan 49423.
l Dated at Rockville. Maryland this4th day of October,1988.
l FCR THE NUCLEAR REGULATORY COMMISSION f
V JY Thomas V. Wambach, Project Manager Project Directorate III-1 i
Division of Reactor Projects - III, i
IV, Y and Special Projects 1
4 i
1 l
A i
)
I i
l 1
t i
l l
l
)
i, l
I t
i i
i i
i f
6
.n --- e r--
c-
-- - n,-
---n-
--