ML20211B220

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Notice of Consideration of Issuance of Amend to License DPR-19 & Proposed NSHC Determination & Opportunity for Hearing.Amend Changes Tech Specs to Support Cycle 11 Operation
ML20211B220
Person / Time
Site: Dresden 
Issue date: 02/03/1987
From: Zwolinski J
Office of Nuclear Reactor Regulation
To:
Shared Package
ML20211B227 List:
References
NUDOCS 8702190351
Download: ML20211B220 (8)


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7590-01 UNITED STATES NUCLEAR REGULATORY COMMISSION COMMONWEALTH EDISON COMPANY DOCKET NO. 50-237 NOTICE OF 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-19 issued to Comonwealth Edison Company (CECO), for operation of the Dresden Nuclear Power Station, Unit No. 2, located in Gruntiy County, Illinois.

The licensee's application for amendment dated December 10, 1986, as supplemented January 28, 1987, would change the Dresden Unit 2 License and Technical Specifications to support Cycle 11 operation. This latter submittal provides additional changes which supplement the License and Technical Specification changes requested in the licensee's application dated December 10, 1986, as follows. As part of the Electric Power Research Institute's alternate water chemistry program, Ceco and General Electric Company (GE) are assessing the effects of hydrogen water addition on fuel rod performance. Three fuel rods are being removed for a precharacterized GE Lead Test Assembly (LTA) for shipment to GE for destructive examination. Replacement rods are being taken I

from another irradiated GE assembly. As a result of reconstitution, the LTA 4

would have an approximate 3% increase in local peaking; therefore, a revision to the applicable maximum average planar linear heat generation rate (MAPLHGR) j l

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7590-01 curve is required to assure adequate protection of the fuel assembly design criteria.

In the January 28 application Ceco proposes to amend Provisional Operating License DPR-19 for Dresden Unit 2 to modify the MAPLHGR curve for reconstituted GE assembly LY5458. In addition, minor labeling changes to specify fuel vendors have been included per NRC requests as well as pagination.

changes resulting from the MAPLHGR curve change. The December 10, 1986 application request was originally noticed in the FEDERAL REGISTER on January 28,1987(52FR2876).

Before issuance of the proposed license amendment, the Commission will havemadefindingsrequiredbytheAtomicEnergyActof1954,asamended(the Act) and the Connission's regulations.

The Connission has made a proposed deterinination 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 accordancewiththeproposedamendmentwouldnot(1)involveasignificant increase in the probability or consequences of an accident previously evaluated; or (2) create the possibility of a new or different kind of accident fromanyaccidentpreviouslyevaluated;or(3)involveasignificantreduction i

in a margin of safety.

In addition, the Commission published guidance in the FEDERALREGISTER(March 6, 1986, 51 FR 7751) concerning examples of amendments i

that are not likely to involve a significant hazards consideration. Example (i) i j

is "a purely administrative change to technical specifications: for example, a change to achieve consistency throughout the technical specifications, f

correction of an error, or a change in nomenclature." Example (1)encomposses the minor labeling and pagination changes requested by the licensee because i

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7590-01 I - -

these changes are purely administrative and have no material effect on the operation of the plant. Therefore, the staff proposes to determine that these administrative changes involve no.significant hazards considerations.

In accordance with 10 CFR 50.92 the licensee has performed the following analysis on the proposed MAPLHGR change:

CECO has evaluated the proposed Technical Specification amendment and determined that it does not represent a significant hazards consideration. Based on the criteria for defining the significant hazards consideration established in 10 CFR 50.92, operation of Dresden Unit 2 Cycle 11 with reconstituted GE LTA will not:

1.

Involve a significant increase in the probability or consequences of an accident previously evaluated:

The reconstituted fuel assembly is mechanically identical to the original unreconstituted fuel assembly. Accident consequences are not increased by the small increase in local peaking in this assembly due the more restrictive MAPLHGR limits established by this amendment.

2.

Create the possibility of a new or different kind of accident from any accident previously evaluated because:

All accidents involving reactor fuel, including refueling and fuel handling accidents, have previously been considered. The reconstituted assembly does not create any new scenarios beyond those previously analyzed.

3.

Involve a significant reduction in the margin of safety because:

The reconstituted fuel assembly has been reanalyzed by GE using NRC approved methodologies, as described in GESTAR; all applicable design criteria have been met. Therefore, the margin of safety is meintained.

The staff has reviewed the licensee's no sionificant hazards consideration

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detemination on the proposed MAPLHGR change and agrees with the licensee's analysis. Therefore, the staff proposes to determine that the application for amendment involves no significant hazards consideration.

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  • s 7590-01 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.

Written comments may be submitted by mail to the Rules and Procedures Branch, Division of Rules and Records, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, D.C.

20555, and should cite the publication date and page number of this FEDERAL REGISTER notice. Written comments may also be delievered to Room 4000, Maryland National Bank Building, 7735 Old Georgetown Road, Bethesda, Maryland from 8:15 a.m. to 5:00 p.m.

Copies of written comments received may be examined at the NRC Public Document Room, 1717 H Street, NW, Washington, D.C.

The filing of requests for hearing and petitions for leave to intervene is discussed below.

By March 5, 1987

, 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 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.

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7590-01 As required by 10 CFR 52.714 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 i

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 amendment under consideration. A petitioner who fails

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to file such a supplement which satisfies these requirements with respect to at least one contention will not be pennitted to participate as a party, t

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7590-01 4

Those permitted to intervene become parties to the proceeding, subject to

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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.

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 heari6g held would take place after issuance of the amendment.

If the final detemination is that the amendment involves a significant hazards consideration, any hearing held would take place before the issuance of any amendment.

Normally, the Comission will not issue the amendment until the.

s expiration of the 30-day notice period. However, should circumstances change

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during the notice period such that failure to act in a timely way would result in derating or shutdown of the facility, the Comission may issue the' license amendment before the expiration of the 30-day notice period, provided that 4

its final detemination is that the amendment involves no significant haz'ar'ds consideration. The final determination 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 Commission expects that the need to take this action will occur very infrequently.

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7590-01 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, D.C.

20555, Attn: Docketing and Service Branch, or may be delivered to the Comission's Public Document Room,1717 H Street, NW, 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 Unionat(800)325-6000(inMissouri(800)342-6700). The Western Union operator should be given Dataoram Identification Number 3737 and the following message addressed to John A. Zwolinski, Director, BWR Project Directorate #1, Division of BWR Licensing: 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 Commission, Washington, D.C.

20555, and to Mr. Michael I. Miller; Isham, Lincoln and Beale, Three First National Plaza, Suite 5200 Chicago, Illinois 60602, 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 request should be granted based upon a balancing of factors specified in 10CFR2.714(a)(1)(1)-(v)and2.714(d).

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7590-01

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4 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' Roon5,1717 H Street, NW, Washington, D.C., and at the Morris Public Library, 604 Liberty Street, Morris, Illinois 60450.

Dated at Bethesda, Maryland, this 3rd day of February 1987.

FOR THE NUCLEAR REGULATORY COMMISSION

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John. Zwolinski, Director 1

BWR Project Directorate #1 Division of SWR Licensing I

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