ML20215E770

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Notice of Consideration of Issuance of Amend to License NPF-47 & Proposed NSHC Determination & Opportunity for Hearing,Authorizing one-time Schedular Extension to Perform Surveillance Requirements in Tech Spec Section 4.6.6.2.C
ML20215E770
Person / Time
Site: River Bend 
Issue date: 06/11/1987
From: Paulson W
Office of Nuclear Reactor Regulation
To:
Shared Package
ML20215E774 List:
References
TAC-65129, NUDOCS 8706220100
Download: ML20215E770 (7)


Text

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7590-01 UNITED STATES NUCLEAR REGULATORY COMMISSION GULF STATES UTILITIES COMPANY DOCKET NO. 50-458 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE AND PROPOSED N0 SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION AND OPPORTUNITY FOR HEARING The U.S. Nuclear Regulatory Commission (the Commission) is considering j

issuance of an amandment to facility Operating License No. NPF-47 issued to Gulf States Utilities Company, for operation of the River Bend Station, Unit 1, located in West Feliciana Parish, Louisiana.

The proposed amendment would authorize a one-time schedular extension of up to 43 days to perform the surveillance requirements of Section 4.6.6.2.C of the Technical Specifications regarding the test of the flow rate for each of 4

the primary containment /drywell redundant hydrogen. mixing trains.

The Technical Specifications presently require that this surveillance be performed at least once per 18 months. The licensee indicated that the extension of up to 43 days to perform the surveillance would permit the surveillance to be conducted during the forthcoming refueling outage in September 1987.

The licensee has committed to perform this surveillance on the current frequency if an outage of sufficient length occurs.

This schedular change request is in accordance with the licensee's application for amendment dated March 10, 1987.

Additional requests for licensee amendments in the licensee's_ March 10, 1987 application will be the subject of a separate notice.

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.

8706220100 870611 PDR ADOCK 05000458 P

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' 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 the margin of safety.

Gulf States Utilities Company (GSU) addressed the above three standards in the March 10, 1987 letter.

(1) The proposed change does not involve a significant increase in the l

probability or consequences of an accident previously evaluated because i

the change in the frequency of flow rate tests is considered within the design specification for the Primary Containment /Drywell Hydrogen Mixing system and the safety analysis.

This is supported by the' lack of mechanistic means of system flow degradation and the considerable con-servatism in the system as designed.

Also functional testing success-1 fully conducted six times in the previous 15 months confirms system reliability and functions.

This test verifies valve operability and flow.

Since this proposed change does not involve a design change or physical change to the plant, it does not increase the probability or consequence of any accident previously evaluated.

(2) The proposed change does not create the possibility of a new or different kind of accident from any accident previously evaluated because the I

change in the frequency of flow rate testing, is considered within the design specification for the hydrogen mixing system and the safety i

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analysis, and does not involve a design change or physical change, j

and therefore does not alter the single failure design.

Thus, no new accident scenario is. introduced by this revised frequency of flow rate testing.

(3) The proposed. change to the surveillance period does not involve a i

significant reduction in a margin of safety because the change in i

the frequency testing is considered within the design specification for the hydrogen mixing system and the safety analysis since there is no credible mechanism for degradation of actual capability due to extension of the surveillance interval, this margin of safety should be maintained.

The staff has reviewed the licensee's no significant hazard consideration ~-

and agrees.with the analysis.

The Commission is seeking public comments on this proposed determination.-

Any comments received within 30 days after the date of publication of this j

notice will be considered in making any final determination.i The Commission will not normally make a final determination unless it receives'a' request for i

a hearing.

2 Written cc..iinents 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 the FEDERAL REGISTER. notice. Written i

comments may also be delivered to Room 4000, Maryland National Bank Building,-

7735 Old Georgetown Road, Bethesda, Maryland from 8:15 a.m. to 5:00 p.m.

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Copies of written comments received may be examined at the NRC Public Document j

1 Room, 1717 H Street, NW, Washington, D.C.

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

By July 17,1987

, the licensee may file a request for a hearing l

with respect to issuance of the amendment to the subject facility operating 1

license and any person whose interest may be affected by this proceeding and j

j 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 br. 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 1

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 uill issue a notice of hearing or an appropriate order.

As required by 10 CFR 62.714, a petition for leave to intervene shall set fortn 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 th.e 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

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(15) days prior to the first prehearing conference scheduled in the proceeding, j

1 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 1

sought to be litigated in the matter, and the bases for each contention set i

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 the

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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.

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 4

held would take place after issuance of the amendment.

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. l 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 in derating or shutdown of the facility, the Commission may issue the license

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amendment before the expiration of the 30-day notice period, provided.that its 1

final determination is that the amendment involves no significant hazards

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consideration.

The final determination will consider all public 'and State

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i 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 petition for leave to intervene bust be j

filed with the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, D.C.

20555, Att:

Docketing and Service Branch, or may be delivered to the Commission'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 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 Jose A. Calvo, Director, Project Directorate - IV, Division of Reactor Projects - III, IV,.V and Special Projects:

petitioner's

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i name and telephone number; date petition was mailed; plant name; and publica-tion date and page number of this FEDERAL REGISTER notice.

A copy of the petition should also be sent to the Office of General Counsel, Bethesda, U. S. Nuclear Regulatory Commission, Washington, D.C.

20555, and to Troy B.

Conner, Jr., Esq., Conner and Wetterhahn,1747 Pennsylvania Avenue, N.W.,

Washington, D.C.

20006, 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 presiding Atomic Safety and Licensing Board, that the petition and/or request should be granted based upon a balancing of 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 March 10, 1987 which is available for public inspection at the Commission's Public Document Room, 1717 H Street, NW, Washington,.D.C. 20555, and at the Government Documents Department, Louisiana State University, Baton-Route, Louisiana 70803.

Dated at Bethesda, Maryland, this lith day of June,19G7.

FOR THE NUCLEAR REGULATORY COMMISSION k$

W Walter A. Paulson, Project Manager Project Directorate _- IV Division of Reactors Projects - III, IV, V and Special Projects

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