ML20217K660
| ML20217K660 | |
| Person / Time | |
|---|---|
| Site: | Fermi  |
| Issue date: | 04/28/1998 |
| From: | Kugler A NRC (Affiliation Not Assigned) |
| To: | |
| Shared Package | |
| ML20217K666 | List: |
| References | |
| NUDOCS 9805040064 | |
| Download: ML20217K660 (7) | |
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7590-01-P UNITED STATES NUCLEAR REGULATORY COMMISSION DETROIT EDISON COMPANY DOCKET NO. 50-341 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT 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 No. NPF-43 issued to the Detroit Edison Company (the licensee) for operation of the Fermi 2 plant located in Monroe County, Michigan.
The proposed amendment would revise Technical Specification (TS) 3.8.1.1 to change the emergency diesel generator (EDG) allowed outage time (AOT) from 3 to 7 days. In order to use the extended AOT, the revised TS will require the licensee to ensure the alternate AC 4
power source (combustion turbine-generator 11-1) is operable and to verify the planned activity is not potentially risk significant in accordance with use of the licensee's configuration risk management program as described in a new paragraph in the Administrative Controls section of the TS.
The amendment was requested in a submittal dated November 22,1995, as supplemented February 19, April 19, May 3, June 12, and December 4,1996, January 30 and August 7,1997, and April 27,1998. The staff issued a FEDERAL REGISTER notice on February 28,1996 (61 FR 7550), providing the notice of consideration of issuance of the amendment, proposed no significant hazards consideration (NSHC), and opportunity for a hearing. The portions of the November 22,1995, submittal related to changes in EDG 9805040064 900428 PDR ADOCK 05000341 p
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, surveillance testing and reporting requirements (also discussed in the NSHC) were addressed in amendment no.107 issued on June 20,1996. The February 19, April 19, May 3, June 12, and December 4,1996, and August 7,1997, submittals provided additional information but did not change the proposed TS or the staff's initial proposed determination of NSHC. The January 30,1997, submittal added a verification that the attemate AC source is available prior to entering the 7-day AOT. This submittal also did not change the staff's initial proposed determination of NSHC. The April 27,1998, submittal added a description of the Fermi 2 configuration risk management program (CRMP) to the Administrative Controls section of the TS. This submittalincluded a determination of NSHC for the change, as discussed below. The current notice encompasses the changes described in the January 30,1997, and April 27, 1998, submittals.
i 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 j
i Commission's regulations.
The Commission has made a proposed determination that the April 27,1998, supplemental 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 i
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 i
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:
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1.
The proposed change does not involve a significant increase in the probability or consequences of an accident previously evaluated.
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The Configuration Risk Management Program (CRMP)is an Administrative Program l
that assesses risk based on plant status. This proposed change does not change the design, configuration, or method of plant operation. Adding thn Muirement to implement this program for Technical Specification (TS) 3.8.1. i does not affect the probability or the consequences of an accident.
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l 2.
The proposed change does not create the possibility of a new or different kind of l
accident from any accident previously evaluated.
This proposed change does not change the design, configuration, or method of plant operation. Therefore, this change does not create the possibility of a new or different kind of accident from any previously evaluated.
3.
The proposed change does not involve a significant reduction in a margin of safety.
The proposed change does not involve a physical modification to the plant, a new mode of operation or a change to the UFSAR [ updated final safety analysis report] transient analyses. The proposed change adds additional requirements to the evaluation of equipment outages. Therefore, the proposed change does not involve a significant reduction in a margin of safety.
The NRC staff has reviewed the licensee's analysis and, based on this review, it appears that the three standards of 10 CFR 50.92(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 by the close of business within 30 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 30-day notice period. However, should circumstances change during the notice period such that j
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
1 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 issuance and provide for opportunity for a hearing after issuance. 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 l
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.
1 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.
l By June
,1998, 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 request for a hearing and a petition for leave to intervene.
Requests for a hearing and a petition 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.
Interested persons should consult a current copy of 10 CFR 2.714 which is available at the Commission's Public Document Room, the Gelman Building, 2120 L Street, NW., Washington, i
DC, and at the local public document room located at the Monroe County Library System, 3700 l'
South Custer Road, Monroe, Michigan 48161. If a request for a hearing or petition for leave to l
intervene is filed by the above date, the Commission or an Atomic Safety and Licensing Board,
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l designated by the Commission or by the Chairman of the Atomic Safety and Licensing Board l
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 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 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 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 statement 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 I
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I also provide references to those specific sources and documents of which the petitioner is aware and on which the petitioner intends to rely to establish those facts or expert opinion.
Petitioner must provide sufficient information to show that a genuine dispute exists with the applicant on a material issue of law or fact. Contentions shall be limited to matters within the l
scope of the amendment under consideration. The contention must be one which, if proven, l
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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 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 l
consideration, the Commission may issue the amendment and make it immediately effective, notwithstanding the request for a hearing. Any hearing held would take place after issuance of the amendment.
I If the final determination is that the amendment request involves a significant 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-l j
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0001, Attention: Rulemakings and Adjudications Staff, or may be delivered to the Commission's Public Document Room, the Gelman Building,2120 L Street, NW., Washington, DC, by the above 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 John Flynn, Esq., Detroit Edison Company,2000 Second Avenue, Detroit, Michigan 48226, attomey 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 the factors sp3cified 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 November 22,1995, as supplemented February 19, April 19, May 3, June 12, and December 4, 1996, January 30 and August 7,1997, and April 27,1998, which is available for public inspection 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 Monroe County l
Library System,3700 South Custer Road, Monroe, Michigan 48161, i
Dated at Rockville, Maryland, this 28th day of April 1998.
l FOR THE NUCLEAR REGULATORY COMMISSION
- /L2-d Andrew J. Kugler, Project Manager Project Directorate ill-1 Division of Reactor Projects - lil/IV Office of Nuclear Reactor Regulation i