ML20217J081
| ML20217J081 | |
| Person / Time | |
|---|---|
| Site: | Beaver Valley |
| Issue date: | 03/18/1998 |
| From: | Brinkman D NRC (Affiliation Not Assigned) |
| To: | |
| Shared Package | |
| ML20217J085 | List: |
| References | |
| NUDOCS 9804060180 | |
| Download: ML20217J081 (8) | |
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7590-01-P UNITED STATES NUCI FAR REGULATORY CO"'*!SSION DUQUESNE LIGHT COMPANY DOCKET NOS. 50-334 AND 50-412 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENNENT TO FACILITY OPERATING LICENSE PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION. AND OPPORTUNITY FOR A HEARING The U.S. Nuclear Regulatory Commission (the Commission) is considering issuance of an amendment to Facility Operating License Nos. DPR-66 and NPF-73, issued to Duquesne Light Company, et al. (the licensee), for operation of the Beaver Valley Power Station, Unit Nos.1 and 2 (BVPS-1 and BVPS-2) located in Beaver County, Pennsylvania.
~l The proposed amendment would add a new Limiting Condition for Operation (LCO) 3.0.6 to technical specification (TS) Section 3/4.0, ' APPLICABILITY." The new LCO 3.0.6 would provide specific guidance for retuming equipment to service under administrative control for the i
sole purpose of performing testing to demonstrate OPERABILITY.
The proposed amendment is requested to be processed as an exigent TS change in accordance with 10 CFR 50.g1(a)(6). Exigent processing is tbjng requested for both BVPS-1 and BVPS 2. Both units are currently in cold shutdown (Mode 5) and cannot be restarted until the proposed amendment' have been issued.
s Action statements'within the TSs provide guidance for compensatory actions and other restrictions to be taken when the requirements of an LCO cannot be met. When equipment has been out of service it is necessary to demonstrate that it can perform its required function before It can be retumed to an OPERABLE condition. Some action statements require that components P
. be placed in a condition which prohibits the functional testing necessary to retum components and/or associated systems to OPERABLE status, in these cases, the proposed change provides guidance for returning equipment to service for the sole purpose of demonstrating OPERABILl7. Two examples are provided below.
As a prudent measure, a decision was made to repair all three BVPS 2 Power-Operated Relief Valves (PORVs),2RCS-PCV455C,455D, and 456, which were leaking, prior to startup from the current BVPS-2 outage. When the repair work was completed, a Temporary Operating s
Procedure (TOP) was written to ensure all administrative controls would be in place before pressurizing the plant for a post maintenance test. For this test, the PORVs must have pressure in order to be stroke tested. During the review of the TOP, the Onsite Safety Committee (OSC) identified ths; TS 3.0.1 did not allow the Reactor Coolant System (RCS) to be repressurized with all three PORVs inoperable (i.e., without normal overpressure protection sygium operable). The current TS creates a dilemma in that BVPS-2 cannot be pressurized without the PORVs operable and the PORVs cannot be tested to demonstrate operability without pressurizing the plant. The
. current TS (unlike the improved Standard Technical Specifications of NUREG-1431, Revision 1) does not allow changing plant conditions under administrative ntrol to support retuming equipment to service.
A second example of this problem with TS 3.0.1 is TS 3.1.3.3, " Position indication System - Shutdown." TS 3.1.3.3 requires that the group demand position indicators be
. OPERABLE and capable of determining within
- 2 steps, the demand position for each shutdown or control rod not fully inserted. This specification is applicable in MODES 3,4, and 5 when the reactor trip system breakers are in the closed position. The action statement requires opening of the reactor trip system breakers. TS 4.1.3.3 requires that at least once per 31 days, certain control rods be moved at least 10 steps in any one direction when the reactor coolant system pressure is greater than 400 psig.
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' If TS 4.1.3.3 has not been completed within the last 31 days due to an extended plant shutdown, plant startup will not be possible since the ACTION statement of TS 3.1.3.3 will not permit closing of the reactor trip breakers to perform the necessary testing to demonstrate equipment operability. Therefort, the application of TS 3.0.6 is necessary in this situation to allow the required testing of the group demand position indicators to support plant restart. -
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BSPS-1 is in this condition at the present time.
it was on!y during an extensive review of the TS surveillance requirements during the a
current outages that the licensee recognized that the current TSs do not allow changing plant conditions under administrative control to permit testing necessary to demonstrate equipment operability. When it was recognized that a TS change was necessary to resolve this issue, a l
license amendment request was prepared in a timely manner.
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
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regulations.
Pursuant to 10 CFR 50.91(a)(6) for amendments to be granted under exigent i
circumstances, the NRC staff must determine that the amendynt request involves no significant hazards consideration. Under the Commission's regulations in '10 CFR 50.92, this i
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 a margin of safety. As required by 10 CFR 50.91(a), the licensee has provided its analysis of the issue of no significant hazards consideration, which is presented below:
4 1.
Does the change involve a significant increase in the probability or consequences of an accident previously evaluated?
The proposed change does not affect the operation or design of the plant in any way.
Operation of plant equipment under this change will not differ in any way from its normal operational mode. The normal operation of plant equipment is not a precursor to any accident. The purpose of tests performed using this change is to demonstrate that required automatic actions are carried out. Equipment will be operated under administrative control for only a short period of time, if it should be required, personnel will be immediately available to take appropriate manual action.
Therefore, operation of equipment under this change is not expected to increase the probability or consequences of an accident previously evaluated.
2.
Does the change create the possibility of a new or different kind of accident from any accident previously evaluated?
The proposed testing allowance will not change the physical plant or the modes of plant operation defined in the operating license. The change does not involve the
- addition or modification of equipment nor does it alter the design or operation of plant systems. Therefore, operation of the facility in accordance with the proposed amendment will not create the possibility of a new or different kind of accident from any accident previously evaluated.
3.
Does the change involve a significant reduction in a margin of safety?
Equipment will be operated under administrative control for only a short period of time. If it should be required, personnel will be immediately available to take appropriate manual action. The purpose of the testing is to restore required equipment to an OPERABLE state which increases the automatic protection 3
available and reduces the reliance on the compensatory measures provided by ACTION statements. Therefore, the proposed changes do not involve a significant reduction in a margin of safety.
' The NRC staff has reviewed the licensee's analysis and, based on this rev' w, it appears m
that the three standards of 10 CFR 50.g2(c) are satisfied. Therefore, the NRC staff proposes to
- determine that the amendment request involves no significant hazards consideration.
The Commission is seeking public comments on this proposed determination. Any comments received within 14 days after the date of publication of this notice will be considered in making any final determination.
Normally, the Commission will not issue the amendment until the expiration of the 14-day notice period. However, should circumstances change during the notice period, such that failure
e 5-to act in a timely way would result, for example, in dorating or shutdown of the facility, the Commission may issue the license amendment before the expiration of the 14-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 in the FEDERAL REGISTER a notice of lasuance. The Commission expects that the need to take this action will occur very infrequently.
Written comments may be submitted by mail to the Chief, Rules and Directives Branch, Division of Administrative Services, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and should cite the publication date and page number of this FEDERAL REGISTER notice. Written comments may also be delivered to Room 6D59, Two White Flint North,11545 Rockville Pike, Rockville, Maryland, from 7:30 a.m. to 4:15 p.m. Federal workdays. Copies of written comments received may be examined at the NRC
- Public Document Room, the Gelman Building,2120 L Street, NW., Washington, DC.
The filing of requests for hearing and petitions for leave to intervene is discussed below.
By April 23,1998, the licensee may file a request for a hearing with respect to issuance of the amendment to the subject facility operating hcense and any person whose interest may be affected by this proceeding and who wishes to participate as a htty in the proceeding must file a written request for a heari,ng and a petition for leave to intervene. Requests for a hearing and a petition for leave to intervene shall be iiled in accordance with the Conunission's " Rules of Practice for Domestic Licensing Proceedings"in 10 CFR Part 2. Interested persons should consult a cunent copy of 10 CFR 2.714 which is available at the Commission's Public Document Room, the Gelman Building,2120 L Street, NW., Washington, DC, and at the local public document room located at the B. F. Jones Memorial Ubrary,663 Franklin Avenue, Aliquippa, Pennsylvania 15001. If a request for a hearing or petition for leave to intwrvene is filed by the -
above date, the Commission or an Atomic Safety and Licensing Board, designated by the
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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.
As required by 10 CFR 2.714, a petition for leave to intervene shall set forth with particulartty 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 pieceed;ng; and (3) the possible effect of any order which may be entered in the proceeding on the petitioner's interest.
l 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 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 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. Each contention must consist of a specific staterhent of the issue of law or fact to be raised or controverted. In addition, the petitioner shall provide a brief explanation of the bases of the contention and a concise statement of the alleged facts or expert opinion which support the contention and on which the petitioner intends to rely in proving the contention at the hearing. The petitioner must also provide references to those specific sources and documents of which the petitioner is aware and on which the petitionar intends to rely to establish those facts or expert opinion. Petitioner
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. must provide sufficient information to show that a genuine dispute exists with the appleant on a material issue of law or fact. Contentions shall be limited to matters within the scope of the amendment under consideration. The contention must be one which, if proven, would entitle the petitioner to relief. 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 opportunity to participate fully in the -
conduct of the hearing, including the opportunity to present evidence and cross-examine witnesses, if the amendment is issued before the expiration of the 30-day hearing period, the Commission will make a final determination on the issue of no significant hazards consideration.
if a hearing is requested, 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 immediately effective, notwithstanding the request for a hearing. Any hearing held Wb,uld take place after issuance of the amendment.
If the final determination is that the amendment request involves a signifmant hazards consideration, any hearing held would take place before the issuance of any amendment.
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, DC 20555-0001, Attention: Rulemakings and Adjudications Staff, may be delivered to the Commission's Public Document Room, the Gelman Building,2120 L Street, NW., Washington, DC, by the abovs date. A copy of the petition should also be sent to the Office of the General Counsel, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001, and to Jay E. Silberg, Esquire,
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Shaw, Pittman, Potts & Trowbndge,2300 N Street, NW., Washington, DC 20037, attomey for the licensee.
I 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 l
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 the factors specified in 10 CFR 2.714(a)(1)(l)-(v) and 2.714(d).
For further details with respect to this action, see the application for amendment dated L
March 16,1998, which is available for public inspection at the Commission's Public Document i
Room, the Gelman Building,2120 L Street, NW., Washington, DC, and at the local public document room, located at the B. F. Jones Memorial Library,663 Franklin Avenue, Aliquippa, Pennsylvania 15001.
Dated at Rockville, Maryland, this 18th day of March 1998.
FOR THE NUCLEAR REGULATORY COMMISSION i-l I.
Mbe r **-
l Donald S. Brinkman, Senior Project Manager Project Directorate 12 -
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' Division of Reactor Projects - 1/Il Office of Nuclear Reactor Regulation
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