ML20245H979
| ML20245H979 | |
| Person / Time | |
|---|---|
| Site: | Mcguire, McGuire  |
| Issue date: | 04/28/1989 |
| From: | Hood D Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML20245H954 | List: |
| References | |
| GL-86-12, GL-88-12, NUDOCS 8905030601 | |
| Download: ML20245H979 (9) | |
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7590-01 UNITED STATES NUCLEAR REGULATORY COMMISSION -
m DUKE POWER COMPANY DOCKET NOS. 50-369 AND 50-370 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENTS TO FACILITY OPERATING LICENSES AND PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION AND OPPORTUNITY FOR HEARING The United States Nuclear Regulatory Commission (the Comunission) is considering issuance of amendments to Facility Operating License No. NPF-9 and-1 Facility Operating License No. NPF-17, issued to Duke Power Company, (the licensee), for operation of.the McGuire Nuclear Station, Units and 2, located in Mecklenburg County, North Carolina.
The proposed anandments would relocate fire protection requi,rements from the operating licenses and the Technical Specifications (TS) to the Final , Safety Analysis Report (FSAR) in accordance with NRC Generic Letters (GL) 86-10 and 88-12. Specifically, the requested changes would revise Unit 1 License Condition 2.C.(4) and corresponding Unit 2 License Condition 2.C.(7) " Fire Protection Program" to delete obsolete requirenants to complete cartain modifications which have been completed, and substitute a standard condition that states:
- b. The licensee any make changes to the approved fire protection program without prior approval of the Commission only if those changes would not adversely affect the ability to achieve and raintain safe shutdown in the event of a fire.
, The proposed amendments would delete TS 3/4.3.3.7, referenced TS Table l'
3.3-11 and corresponding Bases, each titled " Fire Detection Instrumentation;"
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TS 3/4.7.10 " Fire Suppression Systems" including all subsections, referenced -TS Table 3.7-5 " Fire Hose Stations," and associated Bases; TS 3/4.7.11 " Fire I
Barrier Penetrations" and its corresponding Bases; and TS 6.2.2.e which addresses staffing requirements for the site Fire Brigade. Additionally, {
reference to the " Fire Brigade" composition within the fcotnote referenced by TS 6.2.2.e would be removed. The TS Index would be revised to reflect these deletions. '
The proposed amendments would supplement the administrative controls requirements of TS 6.5.1 " Review and Audit-Technical Review and Control Activities" to require that the Station Manager ensure the performance of a review by a qualified individual / organization of the Fire Protection Program ,
and implementing procedures and submittal of recommended changes 'to the Nuclear Safety Review Board. The amendments would also supplement TS 6.8.1
" Procedures and Programs" to add the following to the existing activities requiring written procedures: "h. Fire Protection Program implementation" and "1. Comitments contained in FSAR Chapter 16.0."
The licensee's application for the amendments was dated March 9,1987, and revised March 20, 1989.
l- Before issuance of the proposed license amendments, the Comission will have made findings required by the Atomic Energy Act of 1954, as amended (the Act) and the Comission's regulations.
The Comission has made a proposed determination that the amendment 1
request involves no significant hazards consideration. Under the Comission's regulations in 10 CFR 50.92, this means that operation of the facility in accordance with the proposed amendments 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 t-l
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accident previously evaluated; or (3) involve a significant reduction in a margin of safety.
i The proposed revision to the license condition is in accordance with the j guidance provided in GL 86-10 and GL 88-12 for licensees requesting removal of fire protection TS. The incorporation of the existing Fire Protection Program, and the former TS requirements by reference to the procedures implementing
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j these requirements, into the FSAR and the use of the r.tandard license condition 1 i
on fire protection will ensure that the Fire Protection Program, including the l systems, the administrative and technical controls, the organization, and the other plant features associated with fire protection will be on a consistent !
status with other plant features described in the FSAR. Also, the' provisions l of -10 CFR '50.59 would then apply directly for changes the license'e desires to !
make in the Fire Protection Program. In this context, the determination of the involvement of an unreviewed safety question defined in 10 CFR 50.59(a)(2) would be made based on the " accident...previourly evaluated" being the postulated fire in the fire hazards analysis for the fire area affected by the change.
Hence, the proposed license condition establishes an adequate basis for defining the scope of changes to the Fire Protection Program which can be tede without prior Comission approval, i.e., without introduction of an unreviewed safety question. The revised license condition or the removal of the existing TS requirements on fire protection does not create the possibility of a new or ;
. different kind.of accident from those previously evaluated. They also don't j involve a significant reduction in the margin of safety since the license i condition does not alter the requirement that an evaluation be performed for i
the identification of an unreviewed safety question for each proposed change to o :
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!< the Fire ' Protection Program. Consequently, neither the proposed license condition nor the removal of the fire protection requirements involves a significant increase.in the probability or consequences of an accident previously-i evaluated.' ,
The proposed modification of the ~ Administrative Control Section 6 of the TS includes the addition of Fire ~ Protection Program implementation to the requirements for Specification 6.8. Procedures and Programs, that requires written procedures be established, implemented, and maintained covering this program. This section of the TS is also modified to include the review of the
' Fire Protection Program and implementing procedures by a qualified individual i
or organization and the submittal of recomended changes to the Nuclear Safety Review Board as one of the responsibilities of the Station Manage'r under TS 6.5.1. In this manner, the Fire Protection Program will be addressed by administrative control requirements that are consistent with other prograi.
i addressed by license conditions. These changes, and the change to the license conditions to delete obsolete (completed) requirements, are administrative in nature and do not impact the operation of the facility in a manner that involves significant hazards considerations.
} The proposed amendments include the removal of fire pratection TS in four
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areas: (1) fire detection systems, (2) fire suppression systems, (3) fire barriers, and (4) fire brigade staffing requirements. While it is recognized that a comprehensive Fire Protection Program is essential to plant safety, many details of this program that are currently addressed in TS can be modified without affecting nuclear safety. With the removal of these requirements from the TS, they have been incorporated into the Fire Protection Program implementing l
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-5 procedures. Hence, with the additions to the existing administrative control requirements that are applicable to the Fire Protection Program and the revised itcense condition, there are suitable administrative controls to ensure that licensee initiated changes to these requirements, that have been removed from I the TS, will receive careful review by competent individuals. Again, these-changes are achninistrative in nature and do not impact the operation of the facility in a manner that involves significant hazards considerations.
Based on the preceding assessment, the staff proposes to find that the amendments involve no significant hazards considerations.
The Comission 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 Regulatory Publications Branch, Division of Freedom of Information and Publications Services, Office of Administration and Resources Management, U.S. Nuclear Regulatory Comission, Washington, D. C. 20555, and should cite the publication date and page nunber of this FEDERAL REGISTER notice. Written coments may also be delivered to Room P-216, Phillips Buildino, 7920 Norfolk Avenue, Bethesda, Maryland, from 7:30 a.m. to 4:15 p.m. Copies of written coments received may be examined at the NRC Public Document Room, 2120 L Street, N.W., Washington, D.C. The i filing of requests for hearing and petitions for leave to intervene are l discussed below.
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l I By LtAlf_ /i b the licensee may file a request for a hearing with respect to issuance of the amendments to the subject facility operating j licenses and any person whose interest may be affected by this proceeding and who wishes tc participate as a party in the proceeding must file a written l t
petition for leave to intervene. Request for a hearing and petitions for leave j 4
to intervene shall be filed in accordance with the Comission's " Rules of l 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 Bc;rd, designated by the Commission or by the Chairmn of the Atomic Safety and Licensing Board Panel, will rule on the request and/or petition and the Secretary or the designat5d 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 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 ray 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
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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 l
amended petition must satisfy the specificity requirements described above.
Not later than fifteen (15) days prior to the first prehearing conference l
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 to file such a supplement which satisfies these requirennts with [espect to at I least one contention will not be permitted to participate as a party.
Those permitted to intervene become parties to the proceedin'g, 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 te present evidence and cross-examine witnesses.
If a hearing is requested, the Connission 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 Connission may issue the amendment and make it effective, notwithstanding the request for a hearing. Any hearing held would take place after issuance of the emer.cment.
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.
Hornelly, the Commission will not issue the amendment until the expiration of the 30-day notice period. Houver, should circumstances change during the notice period such that 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 period provided ,
that its final determination is that the amendment involves no significant hazards consideration. The final determination will consider all public and State connents received. Should the Commission take this action, it will publish a notice of issuance and provide for opportunity for a hearing after issuance. The Comission expects that the need to take this action will occur very infrequently.
A request for a hearing or a petition for leave to intervene must be filed with the Secretary of the Connission, U.S. Nuclear Regulatory Cosnission, ,
Washington, D.C. 20555, Attention: Docketing and Service Branch, or may be '
delivered to the Connission's Public Document Room, 2120 L Street, N.W.
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 1-800-325-6000(inMissouri 1-800-342-6700). The Western Union operator should be given Datagram Identification Number 3737 and the following nessage addressed to David B. Matthews: 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 General Counsel, U.S. Nuclear Regulatory Connission, Washington, D.C. 20555, and to Mr. Albert Carr, Duke Power Company, 422 South Church Street, Charlotte, North Carolina 28242, attorney for the licensee.
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Nontimely filings of petitions for leave to intervene, ananded petitions, supplemental petitions and/or requests for hearing will not be entertained absent j 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)(1)-(v) and2.714(d).
For further details with respect to this action, see the application for the amendments which is available for public inspection at the Commission's Public Document Scam, 2120 L Street, N.W., Washington, D.C. , and at the Atkins Library, University of North Carolina, Charlotte (UNCC Station), North Carolina i 28223.
Dated at Rockville, Maryland, this 28th day of April 1989. '
FOR THE NUCLEAR REGULATORY COMMISSION m_ _
/)$b oO Darl S. , Project Manager Project Directorate 11-3 Division of Reactor Projects - 1/11 Office of Nuclear Reactor Regulation
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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 10 CFR 2.714(a)(1)(1)-(v) ;
i and2.714(d).
I For further details with respect to this action, see the application for l the amendments which is available for public inspection at the Comission's Public Document Room, 2120 L Street, N.W., Washington, D.C. , and at the Atkins Library, Univers?ty of North Carolina, Charlotte (UNCC Station), North Carolina 28223.
tk Dated at Rockville, Maryland, this J1 dayofhpM l9% Cl.
FOR THE NUCLEAR REGULATORY COPHISSION
/sl Darl S. Hood, Project Manager Project Directorate 11-3 Division of Reactor Projects - I/II Office of Nuclear Reactor Regulation l
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