ML20196B311

Forwards Notice Published in Fr on 880616 Per Proceeding Re Util Request to Delete Antitrust License Conditions

ML20196B311
Person / Time
Site:	Davis Besse, Perry, 05000000
Issue date:	06/22/1988
From:	Lambe W Office of Nuclear Reactor Regulation
To:	Albert K GOLDBERG, FIELDMAN & LETHAM, P.C.
References
NUDOCS 8806300243
Download: ML20196B311 (3)

Text

,_ _ ..

-i June 22, 1988 Mr. Kenneth M. Albert -

Goldberg, Fieldman and Latham, P.C.

1100 Fifteenth Street, N.W.

Washington, D.C. 20005

Dear Mr. Albert:

Re: CLEVELAND ELECTRIC ILLUMINATING CO., et al.; DOCKET N0s. 50-346A AND 50-440A: REQUEST TO DELETE ANTITRUST LICENSE CONDITIONS In light of your interest in the captioned proceeding, I am forwarding a photocopy of the Notice published in tne Federal Register on June 16, 1968 pursuant to the captioned proceeding.

Sincerely, ,

i i

original Signed by/-

William M. Lambe Sr. Antitrust Policy Analyst Policy Development and Technical Support Branch

Office of Nuclear Reactor Regulation

Enclosure:

As stated 4

DISTRIBUTION .

_ Docket FHe o k

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22509 Federal Register / Vol. 53, No. 216 / Thursday, June to.1988 / Notices of aoddents has ac4 been inaeamed by Finding of No Significant impact (2) Deleting the requirement for manual and automaue SFAS high-high the proposed changes and that post. The Comminion has descemined not contajernent pressure alsnals to the accident radiciopcal releasea would not . to prepare an environmentalimpact main steam hne valves, main feedwater be greater than previously determined. statement for the propoeed amendemtI valves, and main steam warm-up valves. Neither does the proposed amendment Based spon the foregoing otherwise affect radmlngical plant environmental assessment, we condode The proposed amendme.nt would also revise TS section % B.3, Table 3.6-2 by emuents. Therefore, the Comrnission that the proposed action will mt hve a deleting the required isolation times for coodudes that there are no signincant significaat effect on the quality of the the above-li.sted valves, and for the radiologicalavironroentaj tmpacts human environmen steam generatar blowdowu valves. With associated with this proposed For furthee details with reaped to this

. the exceptaon of the blowdown valves, amendinent. action, see the appbcation for which would be deleted entirely from With regard to potential amendrnent dated August 7,1987,which nonra diological impacts, the propos ed is avaliable for imblic inspection at the the TS's the valves would be moved from Section A (Conteinment isolation amendment invotres changes to Commission's Public Document Room.

1717 H Street, NW., Wa shingtoo. DC, Valves) to Section C (Other) of Table requirements with respect to the Installation or use of a facility and at the Univereity of Toledo Ubrary.

3&2. Docurnents Department. 2 sot, Bancroft compontnt and a change to a The NeedfordePnwAdico surveillance requiremer1 he staff has Avenue, Toledo, Ohio 43606.

The change proposed are needed to Dated at Rociville Maryland this 10th day determined that the amendment support facahty modx5catxos which are involve: no sagmncant increase in the or g, goes planned to improve the reliability and amounts and no sigmDcant enange in For the Nuclest Regulatory Communion, availcbility of the main feedwater the types of any efnoents that may be Xannth F. Perklu, system, and to mmimum chaBertges to 9,,,,,,, p,c,;,,, g,,,,g,,,, jy, g,,;,y, ny te1 eased oifsi1e It does not affect the auxillary feedwater aystem. nonradiological plant efthaents and has Res norProjects-Til. !v, V cad Specht Environarentalimpact of the Proposed no other enviremr:entalinpoct. pg Action Therefore, the Cinmitzion condudes (FR Doc. 88-13813 FCed 6-15-88; 8 45 am]

Dunca normal operation of Devis. thet there are no significant ,,

Besse, tba main steam warm-up drain nonradioiogical ecitronmen tal impecia values aad the atmospheric vent valves associated wrth the troposed are normaDy closed.The Level 2 SFAS arnendment. (Docket Hos. 50-345A and so-440A) close atnal(hiah coe=M pressure ne Notice of Considerstion of Cleveland Electric muminattng Co.et or low reactor coolant pressure) orJy 1:suance of Amendment and serves as a backup to the procedural Opportunity for Hearing in connection al flequest To Suspend the Perry requirement to maintain these valves with this action was pobbshed tn the Nuclear Power Plant and Dews 4 esse c!csed. The remaining valves involved Federal Registor on }encary 6,1968 (53 Nuctear Power Stat)on Antttrust with the propcsed deletion of SFAS FR 34). No regesst for hearing or Ucense Conditions loput woul.1 be cloeed by a leval 4 petition for leave to intervene was filed By apphcation dated Msy 2, M68, SFAS signal (high high containment foDowing this notke. LicensMs Cleveland Electric illuminating pressure). Company (CEI) and Toledo Edison A level 4 SFAS signal can only be Ahernatime to the ProposedAclico Conspany (TE) requested the Director of caused by large break loosef-coolant Since the Coramission has condaded the Offee of Nucle at Reactcr Regulation accident (IDCA). Such en & det b mhnmetal & cts eMe to amend the Perry Nudear Power Plant woald canse the Reactoe Coolant Pf'? **d aenon an noWgnmeant, any (Perry) Facibty Operating Uoense No.

Sy stem (RCE to depressurire sspidly to shunstw.o we equal or gentn NPF-58 and the Davis-Besse Nudear a value saturation preseare on the steam nmentalimpacts need not be Power StaWDav4 Bess 6 Facihty systm side of steam generators enya n unte . Operating Ucense No. NPF-3. Facihty efrectively sealins es a lestege path he principal alternative svould be to Operating Ucense No. NPF-68 was from the RCS. When the preenre fari, issued to CEl Duquesne Ught Company, deny the requested amendment %1:

below 600 psig. a Stearn and Feedwater Ohio Edison Company, Pennsylvania would not reduce the environmental Rupture Control Systesa (SFRCl trip wal impacts attributable to thl Iaci!1ty, power Company and IE. Facibty occur,e.nd the steam generator isolation Denial of the or+ ion would prevent Operating Ucense No. NPF-3 was valves aseodated with main feedwater planned plant n dification toimprove issued to T::and CEL and mein arcam (indadmg the the rehatility aud availab!!!ty of main in their application, CEI AND TE blowdown value:) will close, and the feedwster and to minimize challenges to suggest that:(1) ne prabrMn coat remaining ealves not dosed by the auxiliary feedwater system. advantages associated with nuclear automatic action can be closed by power forecasted during the 1G70's have ma.4ual action by the opeestaes Afternative Use of R==nmoes not been realized byperry or Desio-Furthertaa e, since the ocedainment %Is action does na involve the use of Bes se in the 1980's, and (2) the prenure w di never exoced the peeenere resources not previously considered in competitage attuation has signficantly in the eteem generator and steam changed in Ohio.Ucensees atate that rystem, leakage to tha enviroamaat wiu - the Fina1 Environmental Ststement the antitrustlicense cond}tions attsched related to aperation of the Davie-Besas be nevented. laduty. , to the Perry and Dsvis.Besse operating ne ComrrdenJon has evalasted the licenses were based on tht. premise that environmentalimpaciof the proposed A8"'* and Persore Consafted nucJear power would provide an amendment and has detertained that economic or competitive selvantste 2 there would be no Lacrease in any radio- ne Commisalon's staff reviswad the its owners,ne heensees rendude that logical einaents ofiaits.no Commlaaion licensee's requear and did not consult because the production cast advantaaes has also detannimad that the probability other agencies or persons.

I l Federal Register / Vol. 53, No.118 / Thursday, June 16, 1988 / Notices -

.22590 to Facility Operating Ucense No. NPFa 9 ne proposed change would permit v osociated with nuclear power have '

continued plant operation with the disappeared and competition in the- 58 issued to the Cleveland Electric upper drywell alt cooler condensate Ohio bulk power industry has increased, Illuminating Coropany (CEI). the - - flow rate monitoring system inoperable, the rationale for attaching antitrust. Duquesne Ught Company, the Ohlo Edison Company, the Pennsylvania as long as the dryweu floor drain flow license conditions to Perry and Davis-Besse have also disappeared and Power Company, and the Toledo Edison - monitoring system and at least one other consequently, the license conditions as Company (the licensees) for operation of leakage detection system were operable,

, the Perry Nuclear Power Plant, Unit No. The drywell Door drain flow monitoring .

they apply to CEI and TE should be system is class 1E powered. designed to suspended.

- 1, located a Lake County, Ohio.no licensees' application for amendment wahstand OBE loads, and has a Pursuant to 10 CFR 2.101 and 50,90, sensitivity of detection of one (1) gpm .

was dated February 12.1988 (pY-CE1/

the staff is publishing receipt of within 1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br />,.

licensees' request to amend the Perry NRR-0806) as modified May 20,1988 and Davil.Besse Facility Operating (PY-CEI/NRR-0854-L) to modify '

De licensees have stated that the -

Technical Specification 3.4.3.1. total Dow coming from the upper Licenses in the Federal Register and .

The amendment would modify drywell coolers drain system is requesting public commer,t. A copy of :ollected in the drywell floor drain sump ihe application for amendment has been Technical Specification (TS) 3.4.3.1 to and will be monitored by the drywell forwarded to the Attomey General for provide flexibility to allow that the -

his review and comment and a copy of upper drywell air coolers condensate - floor drain sump mon:toring system this Notice is being forwarded to flow rate monitoring system be operable whether the upper drywell cooler so long as the drywell aoor drain condensate flow monitoring system is counsel for Cleveland Public Power. Inc.

(formerly the Municipal Electric Ught monitoring system and at least one other operable or not.Therefore, any flow '

leakage detection system remain from the upper drywell coolers, w hich Department of the City of Cleveland, would be indicative of a possible steam Ohio). Moreover, a copy of the operable.

Current TS's require three leak, would still be monitored and application for amendment will be available for public inspection in local ecmbinations of reactor coolant system' quantified. Additionally, at least one ' ."

public document rooms at the Perry (RCS) leakage detection systems to be other leakage detection system would Public Ubrary,3753 Main Street. Perry. operable. These are: be available to confirm any indicated Ohio 44081, the University of Toledo 1. Drywell atmosphere particulate or leakage. nus, there is no inerJase in the Ubrary. Document Department,2801 gaseous radioactivity monitoring probability of an accid 2nt previously Bancroft Avenue. Toledo, Ohio 43606, 2. Drywell floor drain sump and and at the Commission's Public equipment drain sump flow monitoring evsluated.Since these fe.tems are to detect minor drywell akages but not -

system; and used to mitigate the results of any Document Room located at 1717 H Street, NW., Washington. DC 20555 for 3. Upper drywell air coolers accidents, this proposed change will not -

inspection by any interested party. condensate Dow rate monitoring system. Increase the consequences of any -

l Any person w ho wishes to express - With caly two of the above systerns views pursuant to the antitrust issues - operable, operation may continue  %' pr for 30-ud ch previously d evaluated t acc raised in this amendment request should days, provided certain conditions are the Pos, tY o!a new or d f ere t kind.

submit said views within 30 days of the met, otherwise the plant will oe in hot UI '"" E #

i initial publication of this Notice in the shutdown within 12 hours1.388889e-4 days <br />0.00333 hours <br />1.984127e-5 weeks <br />4.566e-6 months <br /> and cold ""j" '[ # * *"Y

• il Federal Register to the U S. Nuclear shutdown within the next 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />. The proposed change involves the Regulatory Comrnission. Washingten, Before issuance of the proposed reactor coolant system leakage -

DC 20555, Attention: Chief Policy license amendment the Commission detection systems, a group of s stems Development and Technical Support will hase made findings required by the und to monitor inactor coo ant leaks Branch. Office of Nuclear Reactor Atomic Energy Act of 1954, as amended wm the drywel hee bu systems -

Regulation. (the Act), and the Commission's are used for monitoring only, the change ,

Dated at Rockvills. Maryland, this 6'.h day regulations. cannot create a new or different kind of j CIld' N The Commisalon has made a proposed accident from any previously evaluated.

For the Nuclear Regulatory Commission. determination that the request for The proposed change does not involve amendment involves no significant a algnificant reduction in a tnargin of Timothy G. Colburn, Actics Director. Project Directorote III.a hazards consideration. Under the safety.

Division of Reactor Projects-Ill. lv. V cod Commission's regulations in 10 CFR The proposed change does not change ,

Specio/ Projects. O'fice o/ Nuclear Reactor 50.92, this means that operation of the  !

allowable leakage rates or how those  !

/tegulation- facility in accordance with the proposed leakage rate: will be classified. It lF1t Doc,88-13614 Filed IL t rea; e45 am) amendment would not:(1) Involve a attempts to add flexibihty to the awwo coce tsm4ws sigMficant increase m the probability or requirement to have three leakage consequences of an accident previously

+ evaluated, or (2) create the possibility of detection systems available for .

continuous operation. It is also more .

loocket No. 50-440) e new or different kind of accident from consecutive than the previousl Cleveland Electric lituminating Co. et any accident previously evaluated, or (3) proposed amendment for whic the staff involve a sigmficant reduction in a had made a no significant hezards al.; Consideration of lasuance of margin of safety'has reviewed the ccnsideration determinatio: As such, The NRC staff the proposed change does not inulve a en e and P opo N Sign t cant Ucensen' preposed change and has reduction in the margin of safety.

Hazards Consideration Determination prcposed to determine that the proposed and Opportunity for Hearing Therefore, based on these

- change does not involve a algnificant increase in the probability or considerations and the three criteria -

ne U.S. Nuclear Regulatory - given above, the Commission proposes consequences of an accident previously Commission (the Commission)is evalua ted, to determine that the amendment considering issuance of an amendment -

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