ML20207F165

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Notice of Consideration of Issuance of Amend to License DPR-76 & Proposed NSHC Determination & Opportunity for Hearing on 850130 Request Re Min Shift Crew Composition & Electrical Power Sys Surveillance Requirements
ML20207F165
Person / Time
Site: Diablo Canyon Pacific Gas & Electric icon.png
Issue date: 02/26/1985
From: Knighton G
Office of Nuclear Reactor Regulation
To:
Shared Package
ML20204J197 List:
References
FOIA-86-197 GL-84-15, NUDOCS 8701050468
Download: ML20207F165 (10)


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7590-01 UNITED STATES NUCLEAR REGULATORY COMMISSION PACIFIC GAS AND ELECTRIC COMPANY DOCKET NO. 50-275 .

NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE AND PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION AND OPPORTUNITY FOR HEAR!NG i

' The U. S. Nuclear Regulatory Commission (the Commission) is considering issuance of amendrent to Facility Operating License No. DPR-76 issued to the' Pacific Gas and Electric Company for the operation of the Diablo Canyon Nuclear Power Plant, Unit 1 located in San Luis Obispo, California.

i In accordance with the licensee's application dated January 30, 1985, the proposed change would (i) revise Diablo Canyon, Unit 1 Technical l

Specifications, Table 6.2-1, " Minimum Shift Crew Composition," to provide for two unit operation with a common control room to comply with the staffing 1

requirement of 10 CFR 50.54(m)(2)(1), and (ii) revise the Diablo Canyon, Unit 1 Technical Specification 4.8.1.1.2, " Electrical Power Systems, Surveillance Requirements" to add a footnote regarding the testing of Diesel Generator No. 3 which is common to both Units I and 2 to avoid unnecessary I

l diesel generator testing and to be in conformanet with the guidelines contained  ;

l in NRC Generic Letter 84-15, " Proposed Steri + ct t:is to Improve and Maintain Diesel Generator Reliability."

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

8701050468 861230 EMsh6-197 PDR

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The Comission has made a proposed determination that the imendment request involves no significant hazards consideration. Under the Commission's regulations in 10 CFR 50.92, this means that operation of the facilities 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.

The NRC staff proposes to determine that the proposed changes do not involve significant hazards considerations. In this regard, the Comission has provided guidance concerning the application of standards for determining whether or not a significant hazards consideration exists by providing certain examples (48 FR 14870) of amendments considered not likely to involve significant hazards considerations. Example (vi) relates to a change which either may result in some increase to the probability or consequences of a previously analyzed accident or may in some way reduce a margin of safety, but where the results of the change are clearly within all acceptable criteria with respect to the system or component specified in the Standard Review Plan: for example, a change resulting from the application of a small refinement of a previously used calculational model or design method. Example (i) relates to a purely administrative change to technical specifications: for example, a change to achieve consistency throughout the technical specifications, correction of an error, or a change in nomenclature. Each of the proposed changes is similar to one of these examples. On this basis, it is proposed that these changes

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do not involve significant hazards considerations. The following is a description of each of the proposed changes and how each is similar to one of the examples of 48 FR 14870.

1. Proposed Change-Minimum Shift Crew Comoosition The proposed change would revise the Diablo Canyon, Unit 1 Technical Specifications, Table 6.2-1, " Minimum Shif t Crew Composition" to provide for two-unit operation with a common control room. The current Diablo Canyon, Unit 1 Technical Specifications specify the minimun number of operators of various levels (e..g Shift Supervisor, Senior Operator License) to be present in the control room at all times during operating or shutdown modes. These minimums, which comply with the requirements of 10 CFR 50.54(m), are based on a single unit being operated from the control room. Upon issuance of an operating license for Diablo Canyon, Unit 2, the licensee has requested to revise the minimum shift crew composition reouirements of Diablo Canyon, Unit 1 Technical Specifications to reflect operation of a two-unit facility with a common control room while continuing to comply with the staffing requirements of 10 CFR 50.54(m)(2)(1) and NUREG-0452, Revision 4. " Standard Technical Specifications for Westinghouse Pressured Water Reactors." The current Diablo Canyon, Unit 1 Technical Specifications require the following minimum shift crew composition while in operational modes 1, 2, 3, and 4: one Shift Supervisor (SS), one individual with a Senior Operating License (SOL), one individual with an Operating License (0L), one Auxiliary Operator (AO), and one Shift Technical Advisor (STA). For modes 5 and 6, the current Technical Specifications require the following minimum crew size: one Shift Supervisor (SS), one individual with an Operating License (OL), and one Auxiliary Operator (AO). Thus, a minimum crew size of seven is required for modes 1, 2,

l 3, and 4 and three for modes 5 and 6. The proposed change for two-unit nperation requires the following minimum crew size: one SS, one SOL, three Ols (at least one of these individuals must be assigned to the designated position for each unit and the third individual being a floater for either unit), and one STA. With both units in modes 5 or 6, the minimum crew size would be one SS, two OLs (one for each unit), and three A0s (one for each unit, with the third individual being a floater for either unit). With one .

unit in modes 1, 2, 3, or 4 and the other unit in modes 5 or 6, the following minimum crew size composition is required: one SS, one SOL, three OLs (one for each unit with the third individual being a floater between both units),

three A0s (one for each unit with the third being a floater between both units), and one STA. Thus, wher both units are in modes 1, 2, 3, or 4, the minimum crew size is nine individuals compared to seven individuals currently required for one-unit operation. With both units in modes 5 or 6, the minimum crew size would be six personnel compared to three for the current one-unit operation. It should be noted that the requirements of 10 CFR 50.54(m)'do not require that for a two-unit plant the staffing be twice that of a one-unit plant since the change conforms to and satisfies the Commission's regulations and the Standard Review Plan by being con-sistent with the regulatory guidance provided in NUREG-0452 Revision 4

it is similar to example (vi) of 48 FR 14870. On this basis, the NRC proposes to determine that the change does not involve a significant hazards consideration.

2. Proposed Change-Diesel Generator Testing -

Diablo Canyon, Units 1 and 2 are provided with ' five emergency diesel generators. There are three diesel generators currently serving Diablo Canyon, Unit I and two which will serve Diablo Canyon, Unit 2. Diesel Generator No. 3 in Diablo Canyon, Unit 1 is designed to be connected in such a manner that it can serve either Diablo Canyon, Unit 1 or Unit 2. The current Diablo Canyon, Unit 1 Technical Specifications requires the same testing of Diesel Generator No. 3 as is required for Diesel Generators Nos.1 & 2. Upon issuance, a Unit 2 license will require that Diesel Generator No. 3 be tested on a testing schedule consistent with Diablo Canyon, Unit 2. This double requirement will result in unnecessary and potentially harmful testing. To preclude unnecessary testing of Diesel Generator No. 3, a footnote will be added to Surveillance Requirement 4.8.1.1.2 recognizing that the Diesel Generator 3 is common to both units and need not be surveillance tested more frequently than required to satisfy the operability requirement for the most limiting unit. The change is consistent with the guidance in the NRC Generic Letter 84-15, " Proposed Staff Actions to Improve and Maintain Diesel Generator Reliability" to reduce unnecessary diesel generator testing. This proposed change is similar to example (i) of 48 FR 14870 in that the proposed change is administrative in nature and maintains the existing substantive requirement for testing Diesel Generator No. 3. On this basis, the NRC proposes to determine that the change does not involve a significant hazards consideration.

The above proposed changes to the Technical Specifications are contingent upon issuance of an operating license for Unit 2.

The Commission is seeking public comments on this croposed 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.

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Comments should be addressed to the Secretary of the Commission, U.S.

Nuclear Regulatory Commission, Washington, D.C. 20555, Attention: Docketing and Service Branch.

By April 8, 1985, 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 ?. 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 Licensing Boa ~rd 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.

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As required by 10 CFR 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 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 proceedings; 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 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 sounht 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.

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8 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

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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 any 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 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 a notice of issuance and provide for opportunity for a bearing after issuance. The Commission 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 Commissinn, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555, Attention: Docketing and Service Branch, or may be delivered to the Commission'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 G. Knighton: 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 Executive Legal Director, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555, to Phillip A. Crane, Esq. , Richard F. Locke, Esq. , Pacific Gas &

Electric Company, P. O. Box 7442, San Francisco, California 94120 and to Bruce Norton, Esq., Norton, Burke, Berry and French, P. O. Box 10569, Phoenix, Arizona 85064 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 Atomic Safety and Licensing Board designated to rule on the petition and/or request, that the petitioner has made a substantial showing of good cause for the granting of a late petition and/or reauest. The determination will be based upon a balancing of the factors specified in 10 CFR 2.714(a)(1)(1)-(v) and 2.714(d).

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i for further details with respect to this action, see the application  !

for amendment which is available for public inspection at the Comission's Public Document Room, 1717 H Street, N.W., Washington, D.C., and at the California Polytechnic State University Library, Documents and Maps Department, San Luis Obispo, California 93407.

Dated at Bethesda, Maryland, this 26 day of February 1985.

FOR TH NUCLEAR REGULATORY COMMISSION Geor W. Knigh , Chief Licensing Branch #3 Division of Licensing f

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