ML20196F249
| ML20196F249 | |
| Person / Time | |
|---|---|
| Site: | Hope Creek  |
| Issue date: | 12/05/1988 |
| From: | Butler W Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML20196F253 | List: |
| References | |
| NUDOCS 8812120242 | |
| Download: ML20196F249 (9) | |
Text
.
7590-01 UNITED STATES NUCLEAR REGULATORY COMMISSION PUBLIC SERVICE ELECTRIC & GAS COMPANY ATLANTIC CITY ELECTRIC COMPANY DOCKET NO. 50-354 NOTICE OF CONSIDERATION OF ISSUANCE OF AMEN 0 MENT TO FACILITY OPERATING LICENSE AND PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION AND OPPORTUNITY FOR HEARING The U.S. Nuclear Regulatory Comission (the Commission) is considering issuanco of an amendment to Facility Operating License No. NPF-57 issued to Public Service Electric & Gas Company and Atlantic City Electric Company (the licensees) for operation of the Hope Creek Generating Station, located in Salem County, New Jersey.
The proposed '.nendment would revise the spent fuel storage capacity limitation presently stated in the Technical Specifications, Design Features Section 5.6.3 to read "The. spent fuel storage pool shall be limited to a storage capacity of no more than 1290 fuel assemblies," in accordance with the licensee's application for amendment dated October 26, 1988.
Technical Specification 5.6.3 presently limits spent fuel storage capacity j
to 1108 fuel assemblies. The licensee stated in this request:
"This limit was based on the installed storage capacity at the Hope Creek Generating Station l
(HCGS) at the time that the Operating License and Technical Specifications were issued and not on the design storage capacity of 4006 assemblies as described in FSAR Section 9.1.2.2.2.2, The current restrictive limit on stoe.ge capacity effectively prohibits continued operation of HCGS by not provid hg core offload capability for fuel loaded beyond the second fuel cycle."
GS12120242 381203 l
fDR ADOCK 05000354 PDC l
2-
"The reouested change, while not increasing storage capacity to the plant design limit, will permit the installation of an additional storage rack to accomodate the third fuel cycle.
Fuel cycle design changes beyond the third cycle, currently under review regarding cycle length and fuel enrichments, may require a reanalysis and redesign of the storage racks.
Any future modifications to the Technical Specifications brought about by a new fuel cycle strategy will be submitted, along with attendant fuel cycle design changes, for NRC approval."
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.
The Comission has made a proposed detennination that the amendment request involves no significant hazards consideration.
The Comission has provided T>idance concerning the application of the criteria for determining whether a significant hazards consideration exists by providing certain examples of actions involving no significant hazards considerations and examples of actions involving significant hazards considerations (51 FR 7751). One of these examples of actions involving no significant hazards considerations is example (x), "An expansion of the storage capacity of a spent fuel pool when all of the following are satisfied:
(1) The storage expansion method consists of either replacing existing racks with a design which allows closer spacing between stored spent fuel assemblies or placing additional racks of the original design on the pool floor if space permits; (2) The storage expansion method does not involve rod consolidation or double tiering;
}
3-(3) The Keff of the pool is maintained less than or equal to 0.95; and (4) No new technology or unproven technol(,y is utilized in either the con truction process or the analytical techniques necessary to justify the expansion."
The licensee stated in its request that the requested increase in allowed spent fuel storage capacity:
"a.
Consists of placing an additional rack of the original design on the spent fuel pool floor; b.
Does not involve rod consolidation or double tiering; c.
Does not result in the Keff of the pool exceeding 0.95; and d.
Will utilize no new or unproven technology in the construction process or analytical techniques necessary to justify the expansion."
Therefore, the prJposed change falls within the scope of the example.
Accordingly, the Con'nission proposes to determine that the proposed amendment involves no signifi: art h3zards consideration.
The Comissior, is seeking p;blic 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 Commission will not normally make a final determination unless it receives a request for a hearing.
Written coments should be addressed to the Regulatory Publications Aranch, Division of Freedom of Information and Publications Services Office of Administration and Resources Management, ll.S. Nuclear Regulatory Comission, Washington. 0.C.
20555, and should cite the publication date and page number of this FEDERAL REGISTER notice. Written comments may also be delivered to Room P-216 Phillips Building 7920 Norfolk Avenue. Bethesda, Maryland, from 7:30 a.m. to 4: 15 p.m.
Copies of written comments received
4 may be examined at the NRC Public Document Room, 2120 L Street, NW, Washington, D.C, The filing of requests for hearing and petitions for leave to intervono is discussed below.
By January 11, 1989
, the licensee may t1ie s renuest for a hearing with respect to issuance of the amendment to the sub,iect 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 petition for leave to intervene.
Request for a hearing and petitions for leave to intervene shall be filed in accordance with 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 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 CCR 62.714, 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 o' the proceeding.
The petition should specifically explain the reasons
- intervention should be pemitted 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 which may
j
- be entered in the proceeding on the petitioner's interest.
The petition should also identi#y the specific aspect (s) of the suoject 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 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 the contentions which 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 arandment under consideration.
A petitioner who fails to file such a supplement which satisfies these requirements with respect to at least one contention will not be pertnitted to participate as a party.
Those permitted to intervene becone 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.
[
r
. If the final determination is that the amendment request. involves no significant hazards consideration, the Connission tray issue the arrendment and make it effective, notwithstanding the request for a hearinn. 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 be' ore the issuance of any amendment.
Normally, the Connission will not issue the emndment until the expiration of the 30-day notice period. However, should circumstances change during the no: ice period such that failure to act in a timely way would result in derating o ' shutdown of the facility, the Connission may issue the license amendment 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 cearents received.
Should the Connission take this action, it will publish a notice of issuance and provide for opportunity for a hearing after issuance.
The Connission expects that t'te need to take this action will occur very infrequently.
A request for a blaring or a petition for leave to intervene must be filed with the Secretary of the Connission U.S. Nuclear Regulatory Connission, Washington. 0.C.
20555, Att: Docketing and Service Branch, or may be delivered to the Connission's Public Document Room 2120 L 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
r l
. promptly so inform the Comission by a toll-free telephone call to Western Union at (800) 325-6000 (in Missouri (800) 342-6700). The Western Uninn operator should be given Datagram Identification Number 3737 and the following message addressed to Walter R. Butler, Director, Project Directorate 1-2, Division of Reactor Projects 1/11; petitioner's name and telephone number; date petition was mailed; plant name; and publication date and page number of this FEDERAL REGISTER notice. A copy of the petition should clso be sent to the General Counsel, U. S. Nuclear Regulatory Comission, Washington, D.C.
20555, and to Conner and Wetterhahn, 1747 Pennsylvania Avenue N. W., Washington, D.C.
20006, attorney for the licensee.
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 Comission, the presiding officer or the presiding Atomic Safety and Licensing Board, that the petition and/or req 9est should te granted based upon a balancing of factors specified in 10 CFR 2.714(a)(1)(1)-(v) and 2.714(d).
The Comission hereby provides notice that this is a proceeding on an application for a license amendment falling within the scope of section 134 of the Nuclear Waste Policy Act of 1982 (NWPA), 42 U.S.C. 510154. Under section 134 of the NWPA, the Comission, at the request of any party to the proceeding, must use hybrid hearing procedures with respect to "any matter which the Comission detennines to be in controversy among the parties."
The hybrid procedures in section 134 provide for oral argument on matters in controversy, preceded by discovery under the Comission's rules, and the
m 8
designation. #911owing argument, of only those factual issues that involve a genuine and substantial dispute, together with any remaining questions of law, to be rosolved in an adjudicatory hearing. Actual adjudicatory hearings are to be held on only those issues found to meet the criteria of section 134 and set for hearing after oral argument.
The Commission's rules impleuting section 134 of the NWPA are found in 10 CFR part 2, subpart K, "Hybrid Hearing Procedures for Expansion of Spent Nuclear Fuel Storage Capacity at Civilian Nuclear Power Reactors" (published at 50 FR 41662, October 15, 1985) 10 CFR 62.1101 el n Under those rules, any party to the proceeding may invoke the hybrid hearing procedures by filing with the presiding officer a written request for oral argument under 10 CFR 2.1109. To be timely, the request must be filed within ten (10) days of an order granting a request for hearing or petition to intervene.
(As outlined above, the Com4sion's rules in 10 CFR Part 2 a
subpart G, and 52.714 in particular, continue to govern the filing of requests for a hearing or petitions to intervene, as well as the admission of contentions). The presiding officer shall grant a timely request for oral argument.
The presiding officer may grant an untimely request for oral argument only upon showing of good cause by the requesting party for the failure to file on time and after providing the other parties an opportunity to respond to the untimely request.
If the presiding officer grants a request for oral argument, any hearing held on the application shall be conducted in accordance with the hybrid hearing procedures.
In essence, those procedures limit the time available for discovery and
F O
9 require that an oral argument be held to determine whether any contentions must be resolved in an adjudicatory hearing.
If no party to the proceeding requests oral argument, or if all untimely reouests for oral argument are denied, then the usual procedures in 10 CFR Part 2, subpart G apply.
For further details with respect to this action, see the application for amendment dated October 26, 1988, which is available for public inspection at the Comission's Public Document Room, 2120 L Street, NW, Washington, D.C. 20555, and at the Pennsville Public Library, 190 S.
Broadway, Pennsville, Net' Jersey 08070.
Dated at Rockville, Maryland, this 5th day of December 1988.
FOR THE NUCLEAR REGULATORY COMISSION Walter R. Butler, Director Project Directorate I-2 Division of Reactor Drojects I/II Office of Nuclear Reactor Regulation i
l I
i
_ _ _. _. ~ - _ _,.. _. -
_ - _ _ _ _ _ -,