ML20211E125

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Forwards Portion of Fr Re Consideration of Issuance of Amend License DPR-80 & Proposed NSHC Determination & Opportunity for Hearing
ML20211E125
Person / Time
Site: Diablo Canyon, 05000000
Issue date: 08/18/1983
From:
NRC
To:
Office of Nuclear Reactor Regulation
Shared Package
ML20209C072 List:
References
FOIA-86-151 NUDOCS 8702240240
Download: ML20211E125 (4)


Text

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            #        %,,                            UNITED STATES

[ g NUCLEAR REGULATORY COMMISSION '

                        ;                        wassincros, o. c. 2osss
                     /

8)2/23 l TO ALL NRR PROJECT MANAGERS

SUBJECT:

PACIFIC GAS & ELECTRIC CO.; CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE AND PROPOSED N0 SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION AND OPPORTUNITY FOR REARING (50-275) n-PACIFIC GAS & ELECTRIC CO.; CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE AND PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION AND OPPORTUNITY FOR HEARING (50-275) PACIFIC GAS & ELECTRIC CO.; CONSIDERATION OF ISSUANCE OF AMENfdENT TO FACILITY OPERATING LICENSE AND PROPOSED NO SIGNIFICANT HAZARDS, CONSIDERATION, DETERMINATION, AND OPPORTUNITY FOR HEARING (50-275) 8702240240 870212 f l NES

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   <       s Federal Re::ister / Vol. 48. No.161 / Thursdav Auc.:st 18. 1983 / Nair ca                                    37551 14;' u aan.ber);(date pctition was           (1980). The address of the new Board              ccasidered aiut Id.ch to involve n o!cd). (Corne!! Unisersity); and           memberis: Administrative judge -                  significant hazards con ,ideration (48 FR
     ! pub!.catien daic and page number of        Frederick J. Shon. Atomic Safety and              14870). One such example u (i) a prely this fideral Reg: ster notice) A copy of     Licensing Board, U.S. Nuclear                     administrative charge to technical fl.e pctition should also be sent to the     Regula tory Commission. Washington.               specifications; for ex.imple, a change to Executive Legal Director. U.S. Nuclear       D.C.20555.                                        achieve ccasistency throughout the Re;u!: tory Commission. Washington,             issued at Bethesda. Maryland. this 12:h day Technical Specific 5tions. correction of D C. :")5?5 and to Dean Paul Mcissac,        of August 1983.                                   an error, or ch.mge in nomenclature.

Cc'dge of E % ncering. i Ceirpenter 11411. B. P.ul Cotter. ir Another such i ump!c is (ii) a change Ctr.vd Uni ersity. Ithaca. h*cw York,

         ,                                        c3fpfAJy:jnf,ffafi.,j,,g e. 4fomfcSafefy          that constit .m an :.dditional hmitation.
        .watzme!) fihn;s of gtitions forleave ardLicersmg BoardPanel                                restriction or centrol not presently tc mtervcac, amcaded petitions,              p n n mm e-t -au w                                included in the technical specifications:

nipplemental petitions and/or requests e acoot n m i-u for example, a more s'ringent for Fe ring will not be entertened surveillance re luirement. nacent a determin: tion by the The Licensee is installing a Post-Comm,ss:on, i the presidmg officer or the (Docket No. 50-2751 Accident Sampling System m Atomic Safety and Licensing Board compliance with license condition designated to rule on the petition and/or Pacific Gas & Electric Co , 2.C(8).h. This ;icense condition was request that the petitioner has made a Consideration of Issuance of Amendmer.t to Facility Operating imposed by the NRC staff to upgjade the substantial showing of good cause for , post-accident samplying system m the granting of a late petition and/or Ucense and Preposed No Significant request. That determination will be Hazards Consideration Determination .accordance with NUREG4}737. It and Opportunity for Hearing requircs the mstallation of six based uporr a balancing of the factors fa ." " specified in 10 CFR 2.714(a) (ij-{v) and The U.S. Nuclear Regulatory ad e er v e ha e been i 2.714(d). Commission (the Commission)is identified as subject to local leak rate For further details w.th i respect to th.is considering issuance of an amendment testing. in accordance with Appendix ] action. see the application for renewal to Facility Operating License No. DPR- to 10CFR Part 50 and must be added to dated May 27,1980, as supplemented on 76, issued to Pacific Gas & Electric Table 3.6.1. An additional three check September 15.1980. which is available Company, (the licensee), for operation of valves have also been identified as for pubbe inspection at the the Diablo Canyon, Unit 1. Nuclear being subject to Appendix l leak testing Commission's Public Document Room at Power Plant located in San Luis Obispo, and are designated as such in Table 3.6-1717 H Street, NW., Washmgton, D.C. California. 1.Two isolation valves are also being

     .0555.                                           The proposed amendment would                   removed and the penetration will be Dated at Bethesda, Maryland this uth day  result in certain changes to Table 3.6-1           closed with caps welded into the pipe of August 1983.                             .(ContainmentIsolation Valves)of the                penetration.The function of these For the Nuclear Regulatory Commission. facility Technical Specifications. These           valves have been replaced by hdrogen Cecil 0. Thomas,                             changes reflect proposed containment               recombiners and therefore since the Chief. Standardization & Specia/ Projects    isolation system modifications, and                valves are being removed any reference Branch. Division ofLicensms.                 entail adding several valves to the table, to them in Table 351 must be deleted.

tra ou awaa ra.a w-au n-j deleting others, and revising the Additionally, thirteen vahes will be suo coot neo+ footnoting m the table m accordance subject to a'dmimstrative control, which with the hcensee's application dated is necessary in order to conduct certain activities such as sampling. and will be [ Docket No. 50-322-01.-3; MSLSP No. 77- Bef te i suance of the proposed . designed as such n, Table 3.6-1.The 347-018 OL)l license amendment. the Commission thirteen valves consist of the six new will have made findings required by the Long Isfond Lighting Co., Shoreham c ntainment isolation valves mentioned Atomic Energy Act of 1954. as amended above and seven valves which are Nuclear Power Station, Unit 1 Construction Permit No.CPPR-95; Dhe Ac0 ad 6e Qmmisdon currently listed in Table 3 6-1 but which Reconstitution of Board [ mission has made a proposed are inadvertenly not designated as being subject to admm,stative i control. Pursuant to the authority contained io determination that the amendment Without such designation operation of to CFR 2.721 (1980), the Atomic Safety request involves no significant hazards these valves for sampling purposes and Licensing Board for Long Is/and consideration. Under the Commission's Lighting Company (Shoreham Nuclear w uld violate the Techmcal regulations in 10 CFR 50.92, this means Power Station; Unit 1). Docket No. 50- Specifications. that operation of the facility in , 322-Ole 3 is hereby reconstituted by accordance with the proposed The proposed amendment reflects an appointing Mr. Frederick J. Shon to the amendment would not (1) involve a upgraded post. accident samplym;; Board in pl4 e of Dr. M. Stanley siFnificant increase in the probability or system. provides for consistency m the Livingston. who is presently unable to consequences of an accident previously Technical Specif:catons. pert.Ct3 testmg continue his service on the Board- evaluated; or (2) create the possibility of during normal rout ne plant acttuties. As reconstituted the Board is a new or different kind of accident from conforn s more accurately to the comprised of the following any accident previously evaluated; or (3) provisions of Appendix l to 10 CFR part Administrative judges: James A. involve a significant reduction in a 50 and. in part. reflects also the as-built Laurenson. Chairman: Dr. Jerry R. Kime; maryin of safety. condition of the plant. Mr. Frederick J. Shon. The Ccmmission has provided Therefore, based on these All correspondence. documents and guidance for the apphcation of the considerations and the three criteria other material shall be filed with the criteria in 10 CFR 50.92 by providmg given in the fourth paragraph above. we Board m accordance with 10 CFR 2.701 examples of amendments that are have made a proposed determination

w 0 Federal Register / Vol. 48. No.161 / Tht.rsday. August 18. 1981 / Notices '37533

       ! Docket No. 50-2751                         change resulting from the applir.ation of    rquest for a huring or petition for a small refinement of a previously used      leave to interu :te :s idi.d by the above Pacific Gas & Electric Co.;                  calculational model or design'rnethod.       date. the Commission or an Atomic Con:!deration of issuance of                     The Licensee is proposing to change      Safety and 1.icensing Dnard, designated Amendment to Facility Operating              maximum response time for initiation of by the Commission or by the Chairman Licenso and proposed No Significant          containment spray from 27.5 seconds to       kithe Atomic Safety and Licensing Hazards Consideration Determination          48.5. The licensee performed an analysis Bc.srd Panel, will ru!c on the request and Opportunity for Hearing                  of the change in response time.The           and/or petition and the Secretary of the The U S. Nuc! car Regulatory              results   of the  analysis indicated an      designated     Atomic Safety and Licensing increase in containment peak pressure.       Board will issue a notice of hearing or Comminion (the Commission)is considerir g icuarce of an amendment         I"Il wing a loss-of-accident from 40.ti5     an appropriate order.

to Todlity Opcrating Liccnse No. DPR- psig to 40.91 psig. The FSAR value of the As required by 10,CFR 2.714. a 70, issued to Pacific Gas & Electric two. hour thyroid dose at the site pelmon.for". eave tai.atervene shall set Ccmpor.y. (the licensee), for operation of boundary was previously calculated to forth with particulJrity the interest of the Dir.blo Canyon Unit 1. Nuclear he 95.9 RE51 for the case of no post- the petitioner in the pros.eeding. and Power Plant located in San Luis Obispo. LOCA delay in the containment spray. how that interest may be affected by the California. The licensee has reanalyzed the above results of the proceeding.The petition . The proposed amendment would value and the value for the proposed should specifically explain the reasons change the response time for delay m containment spray using a why intervention should be permitted containment spray initiation in Table current verified code and dose ,, with particular reference to the 3.3-$ of the Facility Technical c nyersion factors provided in Revision following factors:(1)The nature of the i Specifications from equal to or less than 1 to Regulatory Guide 1.109. The results petitioner's right under the Act to be 27.5 seconds to equal to or less than 48.5 f the seanalyses mdicate that two-hour made a party to the proceeding:(2) the seconds. As a result of this change. thyroid does at the site would be 85.6 nature and extent of the petitioner's Sections 3.3.2,3.4.6.1.4. 4.8.1 and Table REh! for no spray delay and 93.4 REh! property, financial, or other interest in 4.8-2 of the Technical Specifications f r the proposed delay. While there is a the proceeding: and (3) the possible small reduction in the safety margin in effect of any order which may be would have to be updated to reflect this both containment presssure and dose entered in the proceeding on the change in accordance with the Licensee's submittal dated June 23,1983 c nsideration on the basis of the petitioner's interest. The petition should and supplementalletter dated july 26. analysis using the revised code, they are also identify the specific aspect (s) of the 1983. clearly within acceptable enteria, i.e. subject matter of the proceeding as to the des,gni of the containment 47 psig- which petitioner wishes to intervene. Before issuance of the proposed license amendment, the Commission and the 300 REh! value m to CFR Part Any person who has filed a petition for 100. leave to intervene or who has been will have made findings required by the Therefore, based on these Atomic Energy Act of 1954, as amended admitted as a party may amend the (the Act) and the Commission [,' fin t fo rt p r grap a v we petition without requesting leave of the regulations. Board up to fifteen (15) days prior to t ,e have made a proposed determination first prehearing conference scheduled m The Commission has mde a proposed that this amendment request involves rro determmation that the amendment the proceedmg. but such an amended significant hazards consideration. request involves no significant hazards petition must satisfy the specificity The Commission is seeking public consideration. Under the Commission's requirements described above. comments on this proposed regulations in 10 CFR 50.92, this means determination. Any comments received Not later than fifteen (15) days prior to that operation of the facility in within 30 days after the date of the first prehearing conference accordance with the proposed publication of this notice will be scheduled in the proceeding. a petitioner amendment would not (1) involve a considered in making any final . shall file a supplement to the petition to significant increase in the probability or determination. The Commission will not intervene which must include a list of consequences of an accident previouslY normally make a final determination the contentions which are sought to be evaluated; or (2) create the possibility of unless it receives a request for a litigated in the matter, and the bases for a new or different kind of accident from hearing. each contention set forth with any accident previously evalauted: or (3) Comments should be addressed to the reasonable specificity. Contentions shall involve a significant reduction in a Secretary of the Commission. U.S. be limited to matters within the scope of margin of safety. Nuclear Regulatory Commission. the amendment under consideration. A The Commission has provided Washington. D.C. 20555. AT1N: petitioner who fails to file such a guidance for the apphcation of the Docketing and Service Branch. supplement which satisfies these criteria to 10 CFR 50.92 by providing By September 19,1983, the licensee requirements with respect to at least one examples of amendments that are may file a request for a hearing with contention will not be permitted to considered not likely to involve respect to issuance of the amendment to participate as a party. significant hazards consideration [48 FR the subject facility operating bcense and Those permitted to intervene become 14870). One such example is (vil a any person whose interest may be parties to the proceeding. subject to any change which either may result in some affected by this proceeding and who limitations in the order granting leave to , increase to the probability or wishes to participate as a party in the intervene, and have the opportunity to consequences of a previously. analyzed proceeding must file a written petition participate fully in the conduct of the accident or may reduce in some way a for leave to intervene. The request for a hearing, including the opportunity to safety margin, but where the results of hearing and petitions for leave to present evidence and cross.esamine the change are clearly within all intervene shall be filed in accordance witnesses. acceptable enteria with respect to the with the Commission's ** Rules of If a hearing is requested. the system or component specified in the Practice for Domestic Licensing Commission will make a final Standard Review Plan: for example. a Proceedmgs" in to CFR Part 2. lf a determmation on the issue of no

     .   . 5 Federal Register / Vol. 48. No.161 / Thursday. August 18. 1983 / Notices                                             37555 ,

Practice for Domestic Licensing determination on the issue of no Nuiton. Esq ,2002 East Osborn Road. Proceedings"in 10 CFR Part 2. If a significant hazards consideretion.The Phoenix. Arizona. MotG. .ittorne3 s of the request for a hearing or petition for final dete mination will serve to decide licensee. leave to in'ervene is filed by the above when the hearing is held. Nontimely filings of petitions for leave date, the Commission or an Atomic If the final determination is that the to intervene, amended petitions. Safety and Licensing Board, designated amendment request involves no supplemental petitions and/or requests by the Commission or by the Chairman significant hazards consideration, the for hearing will not be entertained of the Atomic Safety and Licensing Commission may issue the amendmenu absent a determination by the Board Panel, will rule on the request and make it effective notwithstanding Commission. the ; tesiding officer or the

   ,          end/or petition and the Secretary of the      the requee for a hearing Any hea:mg         Atomic Safety and Liensing Board dari,cnated Atomic Safety and Licensing       hdd would take place after issuance of      designated to rule on the petition and/or Daard willissue a notice of hearing or        the amendment.                         . request, that the petitioner has made a an appropriate order.                               If the final determinatfun is that the substantial showing of good cause for As required by to CFR 2.714. a            amendment insolves a s;gnificant petition for ! cave to intervene shall set     hczards consideration, any hearing held     the granting of a ! ate pr.:ition and/or forth with perticularity the mterest of       would take place before the issuance of     request. This determination wdl be the petitioner in the proceeding, and          any amendment.                              based uPon a balancing of the factors how that interest may be affected by the            Normally, the Commission will not      specified in 10 CFR 2.714(a)(1) (i)-(v) results of the proceeding.The petition         issue the amendment until the               and  2.714(d).

should specifically explain the reasons expiration of the 30-day notice period. Dated at Bethesda, htar>L ti. d.is "th day why intervention should be permitted Ilowever, should circumstances change of August.1983. with particular reference to the during the notice period such that failure For the Nuc! car Regulatory Commission. following factors:(1) The nature of the to act in a timely way would result, for - ceorge w. xn;Ehton, pet'.t;oner's right under the Act to be example,in derating or shutdown of the chief Licensing Branch No J. Dhision of made a party to the proceeding:(2) the facility, the Commission may issue the tjcen,jng, nature and extent of the petitioner's, license, amendment before the m,,, property, financial, or otl'er interest m expiration of the 30-day notice period. ,,LL,,,,,,,,,,,_,,,, the proceeding; and (3) the possible provided that its final determination is effect of any order which may be that the amendment involves no entered in the proceeding on the significant hazards consideration.The petitioner's interest.The petition should final determination will consider cll PACIFIC NORTHWEST ELECTRIC also identify the specific aspect (s) of the public and State comments received. POWER AND CONSERVATION subject matter of the proceeding as to Should the Commission take this action. PLANNING COUNCIL which petitioner wishes to intervene. It will publish a notice ofissuance and Any person who has filed a petition for provide for opportunity for a hearing Fish Propagation Panel; Meeting leave to intervene or who has been after issuance.The Commission expects

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admitted as a party may amend the that the need to take this action will AGENCY: Fish Propagation Panel of the petition without requesting leave of the occur very infrequently. Pacific Northwest Electric Power and Board up to fifteen (15) days prior to the A request for a hearing or a petition Conservation Planning Council first prehearing conference scheduled in for leave to intervene must be filed with (Northwest Power Planning Council). the proceeding, but such an amended the Secretary of the Commission. U.S. ACTION: Notice of meeting to be held petition must satisfy the specificity Nuclear Regulatory Commission. pursuant to the Federal Advisory requirements desenbed above. Washington. D.C. 20555. Attention: Committee Act. 5 U.S.. Appendix 1.1-4: Not later than fifteen (15) days prior to Docketing and Service Dranch, or may correction. Activities willinclude: the first prehearing conference be delivered to the Commission's Public scheduled in the proceeding, a petitioner Document Room.1717 H Street. N"W.,

  • Appr val of rninutes shall file a supplement to the petition to Washington. D.C. by the above date.
  • Panel discussion on pnontization intervene which must include a list of Where petitions are filed during the last (working session) the contentions which are sought to be ten (10) days of the notice period it is + Panel discussion on Donneville's litigated in the matter, and the bases for requested that the petitioner promptly so proposed procurement process for FY each contention set forth with inform the Commission by a toll free 1984 (working sesion)
 .           reas'onable specificity. Contentions shall telephone call to Western Union at (800) be limited to matters within the scope of 325-6000 (in Missouri (800) 342-67001
  • Other the amendment under consideration. A The Western Union operator should be
  • Pubhc comment petitioner who fails to file such a given Datagram Identification Number Status: Open.

supplement which satisfies these 3737 and the following message requirements with respect to at least one addressed to George W. Knighton: SUMM ARY:This document corrects a contention will not be permitted to petitioner's name and telephone meeting notice for the Fish Propagation participate as a party. number; date petition was mailed: plant Panel that appeared at page 34323 in the Those permitted to intervene become name: and publication date and page Federal Register of Monday. August 1. parties to the proceeding. subject to any number of this Federal Register notice. 1983 (48 FR 148). The action is necessary limitations in the order granting leave to A copy of the petition should also be to correct the meeting date and centents. intervene. and have the opportunity to sent to the Executive Legal Director, participate fully in the conduct of the U.S. Nuclear Regulatory Commission. dam August 29.1983. 9 30 am hearing. includmg the opportunity to Washington, D C. 20555. and to Philip A. Correction. present evidence and cross. examine Crane. Jr. Esq.. Pacific Cas A Electric ADDRESS:The meet ng will be held in witnesses. Company. 77 Deale Street. San the Council's Public Meet:ng Room at if a hearing is requested, the Francisco. California 94106 and Norton, 700 S. W. Taylor Street. Portland. Commission will make a final Durke. Derry & French P C. Attn: Druce Oregnn.

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