ML20197B922

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Notice of Consideration of Issuance of Amend to Facility OL & Proposed NSHC Determination & Opportunity for Hearing
ML20197B922
Person / Time
Site: Palisades 
Issue date: 10/27/1986
From: Thadani A
Office of Nuclear Reactor Regulation
To:
Shared Package
ML20197B928 List:
References
NUDOCS 8610310035
Download: ML20197B922 (6)


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7590-01 UNITED STATES NUCLEAR REGULATORY COMMISSION CONSUMERS POWER COMPANY DOCKET NO. 50-255 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE AND PROPOSED N0 SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION AND OPPORTUNITY FOR HEARING The U.S. huclear Regulatory Commission (the Commission) is considering

's issuance of an amendment to Facility Operating License No. DPR-20, issued to Consumers Power Company (the licensee), for operation of the Palisades Plant located in Covert Township in Van Buren County, Michigan.

The amendment proposed by the licensee would allow deletion of the operability requirement in the Plant Technical Specifications for containment air cooler V 4A. This containment air cooler was not taken credit for in any of the accident analyses previously performed which provide the licensing basis for the Palisades Plant. The purpose of deleting its operability requirement is to allow the service water that feeds this cooler to be automatically isolated in the event of an accident, diverting that service Wdter flow to Cool other safety related equipment that is required to be operable and which was relied upon in the accident analyses.

Before issuance of the proposed license amendment, the Consission will have made findings required by the Atomic Energy Act of 1954, as amended (the Act) and the Commission's regulations.

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 amendment would not (1) involve a significant 8610310035 861027 PDR ADOCK 05000255 P

PDR

O increase in the probability or consequences of an accident previously 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 proposed amendment does not increase the probability or consequences of an accident previously evaluated because the cooling capability of this component was not used for mitigation of any accident previously evaluated.

It does not create the possibility of a new or different kind of accident because other service water loads to non-critical equipment, some of higher s

Cdpacity, are similarly, automatically isolated during an accident and the effects of malfunction of that isolation were evaluated and found acceptable under the single-failure criterion of the regulations.

Finally, it does not involve a reduction in a margin of safety because its operability was not needed and, in fact, it may increase the margin of safety by diverting more cooling flow to those components which are relied upon in the accident analyses. Additional flow to such components is required before plant startup.

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. The Commission will not normally make a final determination unless it receives a request for a hearing. Coments should be addressed to the Rules and Procedures Branch, Division of Rules and Records, office of Administration, U.S. Nuclear Regulatory Commission, Washington, D. C.

20555.

By December 1,1986

, 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 petition for leave to intervene. Request for a hearing and petitions 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.

If a request 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 fr 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 s.

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 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 be entered in the proceeding on the petitioner's 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 j

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 f

an amended petition must satisfy the specificity requirements described above.

I

. 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 amendment 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 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 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 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 dny amendment.

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

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. 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 detennination will consider all public and State comments 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 Branch, 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 Commission by a toll-free telephone call to Western Union at (800) 325-6000 (in Missouri (800) 342-6700). The Western Union operator should be given Datagram Identification Number 3737 and the following message addressed to Ashok C. Thadani:

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 also be sent to the Office of the General Counsel-Bethesda, U.S. Nuclear Regulatory Comission, Washington, D.C.

20555, and to Judd L. Bacon, Esq., Consumers Power Company, 212 West Michigan Avenue, Jackson, Michigan 49201, 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 i

absent a determination by the Commission, the presiding officer or the Atomic

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. Safety and Licensing Board, that the petition and/or request should be granted based upon a balancing of the factors specified 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 October 20, 1986, which is available for public inspection at the Commission's Public Document Room, 1717 H Street, N.W., Washington, D.C.,

and at the, Van Zoeren Library, Hope College, Holland, Michigan.

Dated at Bethesda, Maryland, this 27th day of October 1986.

FOR THE UCLEAR REGULATORY COMMISSION l

A nd Ashok C. Thadani, Director PWR P oject Directorate #8 Divi ion of PWR Licensing-B L