ML20198C844
| ML20198C844 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee File:NorthStar Vermont Yankee icon.png |
| Issue date: | 12/15/1998 |
| From: | Croteau R NRC (Affiliation Not Assigned) |
| To: | |
| Shared Package | |
| ML20198C849 | List: |
| References | |
| NUDOCS 9812220195 | |
| Download: ML20198C844 (7) | |
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7590-01-P
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UNITED STATES NUCLEAR REGULATORY COMMISSION VERMONT YANKEE NUCLEAR POWER CORPORATION DOCKET NO. 50-271 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE. PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION. AND OPPORTUNITY FOR A HEARING The U.S. Nuclear Regulatory Commission (the Commission) is considering issuance of an amendment to Facility Operating License No. DPR-28 issued to Vermont Yankee Nuclear Power Corporation (the licensee) for operation of the Vermont Yankee Nuclear Power Station located in Windham County, Vermont.
The proposed amendment would allow intermittent opening of manual primary containment isolatir n valves with appropriate administrative controls. Opening these valves is necessary to e
perform routine evolutions such as surveillances, sampling and venting / draining of plant systems.
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 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 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. As required by 9812220195 981215 PDR P
- ADOCK 05000271 PDR
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9 10 CFR 50.91(a), the licensee has provided its analysis of the issue of no significant hazards consideration, which is presented below:
- 1. Does the change involve a significant increase in the probability or consequences of an accident previously evaluated?
This change allows an isolated primary containment penetration to be opened as l
necessary to meet operational objectives defined in applicable Technical Specifications and/or approved plant procedures. Primary containment isolation is not considered an initiator of any previously analyzed accident. Therefore, this change does not l
significantly increase the probability of such accidents. Although primary containment isolation is considered in the mitigation of the consequences of an accident, administrative controls provide acceptable compensatory actions to assure the penetration is isolated in the event of an accident. Therefore, the consequences of a previously analyzed event that may occur during the opening of the isolated line are not significantly increased.
- 2. Does the change create the possibility of a new or different kind of accident from any previously evaluated?
This change allows temporary breaches of the primary containment boundary under strict administrative controls, for the purposes of conducting normal operational evolutions required by other Technical Specifications and/or approved plant procedures.
In the event containment isolation is required while any flow path is open under l
administrative controls, provisions exist to isolate that flow path with a single active-failure-proof boundary as required by the primary containment Technical Specification Limiting Conditions for Operation. Therefore, this change does not create the possibility of a new or different kind of accident from any previously analyzed accident.
The margin of safety considered in determining the required compensatory action is also based on providing the single active-failure proof boundary. Opening of primary containment penetrations on an intermittent basis is required for performance of routine evolutions as noted previously. Plant procedures administratively control the opening l
and closing of the affected valves. The administrative controls are defined in the Technical Specifications Bases. When a manual valve is opened under these conditions, a dedicated operator, with whom Control Room communication is immediately available, is stationed in the immediate vicinity of the valve controls. In the event primary containment must be rapidly reinstated, this individual will close the valve In an expeditious manner. Once closed, this flow path will meet the same single ac' ve-failure-proof criteria as other containment penetrations. Since the flow path will be closed promptly on a containment isolation demand, the valve will be open only slightly longer than if it had been closed by an automatic actuator. Therefore, this change does not involve a significant reduction in a margin of safety.
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3 The NRC staff has reviewed the licensee's analysis and, based on this review, it arppears that the three standards of 10 CFR 50.92(c) are satisfied. Therefore, the NRC staff proposes to determine that the amendment request involves no significant hazards consideration.
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.
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 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 comments received. Should the Commission take this action, it will publish in the FEDERAL REGISTER a notice of issuance and provide for opportunity for a hearing after iskuance. The Commission expects that the need to take this action will occur very infrequently.
Written comments may be submitted by mail to the Chief, Rules and Directives Branch, Division of Administrative Services, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and should cite the publication date and page
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number of this FEDERAL REGISTER notice. Written comments may also be delivered to Room 6D59, Two White Flint North,11545 Rockville Pike, Rockville, Maryland, from 7:30 a.m.
to 4:15 p.m. Federal workdays. Copies of written comments received may be examined at the NRC Public Document Room, the Gelman Building,2120 L Street, NW., Washington, DC.
The filing of requests for hearing and petitions for leave to intervene is discussed below.
.eme,-We, nsii.A mis-+mhiN
4 By January 19, 1999
, 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 request for a hearing and a petition for leave to intervene.
Requests for a hearing and a petition 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.
Interested persons should consult a current copy of 10 CFR 2.714 which is available at the Commission's Public Document Room, the Gelman Building,2120 L Street, NW., Washington, DC, and at the local public document room located at the Brooks Memorial Library,224 Main Street, Brattleboro, VT 05301. 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 or by the Chairman of the Atomic Safety and Ucensing Board Panel, will rule on the request and/or petition; and the Secretary or the designated Atomic Safety and l( nsing Board willissue 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
..~1 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 i
nature of the petitioner's right under the Act to be made party to the proceeding; (2) the nature and extent of the petitioner's property, financial, or other interest in the proceeding;.and (3) the
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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 the petition without requesting leave
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5 p-of the Board up to 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 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. Each contention must consist of a i
specific statement c! the issue of law or fact to be raised or controverted. In addition, the petitioner shall provide a brief explanation of the bases of the contention and a concise j
statement of the alleged facts or expert opinion which support the contention and on which the petitioner intends to rely in proving the contention at the hearing. The petitioner must also provide references to those specific sources and documents of which the petitioner is aware and on which the petitioner ir.iends to rely (J establish those facts or expert opinion. Petitioner must provide sufficient information to show that a genuine dispute exists with the applicant on a material issue of law or fact. Contentions shall be limited to matters within the scope of the amendment under consideration. The contention must be one which, if proven, would entitle the petitioner to relief. A petitioner who fails to file such a supplement which satisfies these
'a 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 i
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.
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If the final determination is that the amendment request involves no significant hazards consideration, the Commission may issue the amendment and make it immediately 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 request involves a significant hazards consideration, any hearing held would take place before the issuance of any amendment.
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 Commission, Washington, DC 20555-0001, Attention: Rulemakings and Adjudications Staff, or may be delivered to the Commission's Public Document Room, the Gelman Building,~ 2120 L Street, NW., Washington, DC, by the above date. A copy of the petition should also be sent to the Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and to Mr. David R. Lewis, Shaw, Pittman, Potts and Trowbridge,2300 N Street, NW., Washington, DC 20037-1128,,
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 Commission, the presiding officer or the presid:ng Atomic Safety and Licensing Board that the 1
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
_ _, December 11,1998, which i_s available for public inspection at the Commission's Public Document Room, the Gelman Building,2120 L Street, NW., Washington, DC, and at the local l
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public document room located at the Brooks Memorial Library,224 Main Street, Brattleboro, VT 05301.
Dated at Rockville, Maryland, this 15 by of December,1998.
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FOR THE NUCLEAR REGULATORY COMMISSION
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4M Richard P. Croteau, Project Manager Project Directorate 1-3 Division of Reactor Projects - t/11 Office of Nuclear Reactor Regulation l
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