ML20206K535
| ML20206K535 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 11/21/1988 |
| From: | Rood H Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML20206K537 | List: |
| References | |
| NUDOCS 8811290441 | |
| Download: ML20206K535 (8) | |
Text
i[
,1 7590-01 UNITED STATES NUCLEAR REGULATORY COMMISSION PACIFIC GAS AND ELECTRIC COMPANY DOCKET NO. 50-275 NOTICF 0F CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE AND PROPOSED NO SIGNIFICANT HAZARDS :
CONSIDERATION DETERMINATION AND OPPORTUNITY FOR HEARING The U.S. Nuclear Regulatory Comission (the Comission) is considering issuance of an amendment to Facility Operating License No. DPR-80, issued to the Pacific Gas and Electric Company (PG&E or t,he licensee) for operation of the Diablo Canyon Nuclear Power Plant (DCPP) Unit I located in San Luis Obispo County, California.
The amendment would revise the technical specifications (TS) relating to the required frequency interval identified in TS 4.3.1.1 Table 4.3-1 for performaisce of the operational test for the Unit 1 seismic trip actuation device. The present surveillance requirement provides for the seismic trip actuation device operational test to be conducted semiannually. The proposed change would allow the test to be perfonned no late than the next refueling outage (currently targeted for October 1989).
The proposed amendment was requested by the licensee's letter of November 10,1988.
l l
Prior to issuance of the proposed license amendment, the Comission will have made findings required by the Atomic Energy Act of 1954, as amended (the Act) and the Comission's regulatims.
The Con'ission has made a proposed detennination that the request for amendme'.c involves no significant hazards consideration. Under the Comission's regulations in 10 CFR 50.92, this means that operation of the facilities in
$$d
$00$k $0$bbb75 p
FDC
accordance with the proposed amendments 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.
The licensee has evaluated the hazard considerations involved with the proposed amendment, focusing on the three standards set forth in 10 CFR 50.92(c) as quoted below:
"1.
Does the change involve a significant increase in the probability or consequence of an accident previously evaluated?
Operation of the seismic trip is not required or assumed to mitigate the consequences of any accident in the FSAR Update safety analyses.
Further, increasing the surveillance interval of the trip actuating device oyerational test will not affect the integrity of the reactor protection system. The seismic trip equipment history demonstrates that equipment failures would have resulted in the seismic trip syst(m performing its intended function.
Because the current design does not permit relialle on-line testing at power, two cnallenges to the reactor protection system have occurred during testing.
Therefore, the proposed exemption change to increase the surveillance interval of the seismic reactor trip actuating device operational test until the next refueling outage does not increase the probability or consequences of any accident previously evaluated.
9
!, 2.
Does the change create the possibility of a new or different kind of accident from any accident previously evaluated?
There is no physical alteration to any plant system, nor is there a change in the method by which any safety related system performs its function. Therefore, the proposed change does not create the possibility of a new or different kind of accident from any accident previous ly evaluated.
3.
Does the change involve a significant reductio'n in the margin of safety?
The proposed change would potentially reduce the number of reactor trips due to surveillance testing and, therefore, would result in an increase in plant safety. Since the seismic reactor trip is not assumed to function for any of the Chapter 15 FSAR Update accident analyses, there is no effect on the margin of safety as defined in these analyses. Therefore, the proposed amendment does not involve a significant reductivn in a cargin o,f safety."
The staff has considered the proposed change and agrees with the li:ensee's evaluation with respect to the three standards.
On this basis, the Comission has determined that the requested amendment meets the three standards and, therefore, has made a proposed determint. tion that the amendment application does not involve a significant hazards consider-at4on.
The Comission is seeking public coments 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 Comission
4-will not normally make. final determination unless it receives a request for a hearing.
Comments should be addressed to the Regulatory Publications Branch, Division of Freedom of Information and Publications Services, Office of, Administration and Resources Management, U.S. Nuclear Regulatory Commission, Washington, DC 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
~
8:15 a.m. to 5:00 p.m.
Copies of written comme'nts may be examined at the NRC Public Document Room, 2120 L Street NW., Washington, DC 20555. The filing of requests for hearing and petitions for leave to intervene is discussed be, low.
By December 22
,1988, the licensee may file a request for a hearing with respect to issuance of the amendment to the subja:t facility operating license and any person whose interest may be affected by this proceeding and who wishes to participate as a party in the prceeeding must file a written request for hearing or petition for leave to intervene.
Requests for 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 before the above date, the Commission or an Atomic Safeny and Licensing Board, designated by the Commission or by the Chairman of t.1e Atomic Safe?y 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 bv 10 CFR Section s'.714, a petition f"' leave to intervene shall set forth with particularity the 1cterest 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 taasons 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 pe'titioner 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 pn.ceeding, 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 whien 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 ti.-
n
I s
6-1 opportunity to participate fully in the conduct of the hearing, including the opportunity to present evidence and cross-examine witnesses.
If a hearing 1s requested, the Commission will make a final determination on the issue of no significant hazards consideration. The final determjnation will serve to decide when the hearing is held.
If the final determination is that the amendrent 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 ame'ndrent.
If the final determination is that the amendnwnt involves a significant hazards consideration, any hearing held would take place before the issuance of the amendment.
Nornally, 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 amencrent 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 a notice of issuance and provide 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 pctition for leave to intervene shall be filed with the Semtery of the Comission, U.S. Nuclear Regulatory Commission, Washington, DC 20555, Attention: Docketing and Service Branch, or may be delivered to the Commission's Public Document Room, 2120 L Street NW...
Washington, DC 20555, by the above date. Where petitions are filed during the last ten (10) days of the notice period, it is requested that the petitioner or representative for the petitioner promptly so inform 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 sh'ould be given Datagram Identification Number 3737 and the following message addressed to George W.
Knighton: petitioner's name and telephone number; date petition was mailed; plant nante; and publication date and page number of the FEDERAL REGISTER notice. A copy of the petition should also be sent to the Office of General Counsel, U.S. Nuclear Regulatory Comission, Washington, DC 20555, and to Richard R. Locke, Esq., Pacific Gas and Electric Company, P.O. Box 7442, San Francisco, California 94120 and Bruce Norton, E,sq., c/o Pacific Gas and Electric Company, P.O. Box 7442, San Francisco, California 94120.
Nontimely filings of petitions for leave to intervene, amended petitions, supplemental petitions and/or requests for hearing will not be entertained absent a detennination by the Comission, the presiding officer or the presiding Atomic 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)(1)-(v)and2.714(d).
For further details with respect to this action, see the application for amendment dated November 10, 1988, which is available for public inspection at the Commission's Public Document Room, 2120 L Street NW., Washington, DC 20555, and at the California Polytechnic State University Library, Government Documents and Maps Department San Luis Obispo, California 93407.
Dated at Rockville, Maryland this 21stday of November 1988.
FOR THE NUCLEAR REGULATORY COMMISSION 1
Harry od, Senior Project Manager Project Directorate V Division of Reactor Projects - III, IV, V and Special Projects Office of Nuclear Reactor Regulation e
l t