ML20247E640

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Notice of Consideration of Issuance of Amend to License NPF-57 & Proposed NSHC Determination & Opportunity for Hearing.Amend Will Make Possible Use of Fuel & Control Rod Assemblies That Have Been Reviewed & Approved
ML20247E640
Person / Time
Site: Hope Creek PSEG icon.png
Issue date: 09/11/1989
From: Martin R
Office of Nuclear Reactor Regulation
To:
Shared Package
ML20247E643 List:
References
NUDOCS 8909150340
Download: ML20247E640 (8)


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7590-01 UNITED STATES NUCLEAR REGULATORY COMMISSION PUBLIC SERVICE ELECTRIC AND GAS COMPANY DOCKET NO. 50-354 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITYOPEDfTINGLICENSEANDPROPOSEDNOSIGNIFICANTHAZARDS CONSIQ~3L'N DETERMINATION AND OPPORTUNITY FOR HEARING The U.S. Nuclear Regulatory Comission (the Comission) is considering issuance of an amendment to Facility Operating License No. NPF-57, issued to Public Service Electric and Gas Company (the licensee), for operation of the Hope Creek Generating Station located in Salem County, New Jersey.

In an amendment request dated August 21, 1989, and supplemented on September 11, 1989 the licensee requested that the wording for 5.3.1 and 5.3.2 of the Technical Specifications be changed. This change will make possible the use of fuel and control rod assembly designs that have been reviewed and approved by the NRC without the need for Technical Specification amendments when design improvements in those areas are made in accordance with NRC approved methodologies.

NRC has reviewed the circumstances resulting in the submittal of the proposed TS changes.

It is desirable to promptly act on this change to allow refueling and restart to proceed on schedule at the Hope Creek Generating Station. Accordingly, NRC staff has determined that sufficient justification exists for consideration of this amendment on an exigent basis.

Before issuance of the proposed license amendment, the Comission will have made findings required by the Atomic Energy Act of 1954, as amended (the Act) and the Comission's regulations.

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.The Commission has made a proposed determination that the amendment request involves no significant hazards considerations. 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 a margin of safety.

In accordance with 10 CFR 50.92 the licensee.has reviewed the propcsed changes and has concluded as follows that they do not involve a significant hazards consideration:

The proposed changes to the HCGS Technical Specifications:

1.

Do not involve a significant increase in the probability or consequences of an accident previously evaluated.

The proposed revision to section 5.3.1 will enable HCGS to change fuel assemblies without a license amendment. The core operating limits will still be based on the NRC approved methodology of GESTAR II. Since NRC approval of GESTAR II is predicated on review of specific fuel assembly designs, HCGS will still be using NRC i

dpproVed fuel designs.

The proposed revision to Section 5.3.2 will allow HCGS to use ABB-ATOM hafnium tipped contro7, blades as replacements for the existing General Electric contral blades. These control blades have been previously approved by the NRC on a generic basis.

The 10 CFR 50.59 evaluation that will be performed prior to control blade replacement will address any plant specific concerns and will assure that the probability or consequences of an accident will not be increased. The requirements of specification 3/4.1.3 will continue to assure that the control rods are OPERABLE, with acceptable scram times. The NRC approved methodology of ABB-ATOM will be applied specifically to HCGS.

Therefore, PSE&G has concluded that this amendment request does not involve a significant increase in the probability or consequences of an an accident previously evaluated.

. 2.

Do not create the possibility of a new or different kind of accident from any accident previously evaluated.

j NRC approved methodologies and fuel / control rod designs will be 4

required for use in HCGS and plant specific evaluations pursuant to 10 CFR 50.59 will be performed for each fuel cycle. The fuel bundles, control rod assemblies and related operating limits used l

at HCGS will remain bounded by the current UFSAR accident analyses..

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Therefore, PSE&G has concluded that this amendment request does not

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introduce any new or different kind of accident from those previously evaluated.

3.

Do not involve a significant reduction in a margin of safety.

The core operating limits which are affected by the fuel and control rod assemblies will continue to be done using the methods of GESTAR J

II, which have been previously approved by the NRC. These methods will set the limiting parameters for core operation such that the 1

Safety Limits as~ defined by the Technical Specifications and UFSAR safety analyses are not challenged. The removal of specific design I

information from sections 5.3.1 and 5.3.2 of the Technical

.I Specifications does not result in a reduction in the margin of j

safety since NRC approved methodologies are still applied to reactor core design. Design changes are still subject to the provisions of 10 CFR 50.59.

Therefore, this amendment request does not involve a significant 3

reduction in a margin of safety as defined in the basis for any Technical Specifications.

The staff reviewed the licensee's determination that the proposed license amendment involves no significant hazards consideration and agrees with the licensee's analysis. Accordingly, the Commission proposes to determine that j

the proposed license amendment does not involve a significant hazards consideration.

The Commission is seeking public comments on this proposed d3 termination.

Any comments received within 15 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.

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, 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, ll. S. Nuclear Regulatory Commission,.

Washington, D.C. 20555, and should cite the publication date and page number of the FEDERAL REGISTER notice.

Written comments may also be delivered to Room P-216, Phillips Building, 7920 Norfolk Avenue, Bethesda, Maryland frcm 7:30 a.m. to 4:15 p.m.

Copies of written comments received may be examined at the NRC Public Document Room, 2120 L Street, NW, Washington, D.C.

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

By OCT 2 193g

, 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 proceed-ing and who wishes to participate as a party in the proceeding must file a written request for hearing and a petition for leave to intervene. Requests for a hearing and petitions for leave to intervene shall be filed in accordance with the Commission's " Rule 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 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 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 l

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i 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 4

right_under the Act to be made a party to the proceeding; (2) the nature and i

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 fifteen (15) days prior to the first pre-hearing conference scheduled in the proceeding, 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 that are sought to be litigated in the matter, and the bases for each contention set forth with reason-able specificity. Contentions shall be limited to matters within the scope of the amendment under consideration. A petitioner who fails to file such a supple-ment which satisfics 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.

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.. If the amendment is. issued before the expiration of 30-days, the Comission will make a final determination on the issue of no significant hazards consider-ations.

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 considerations, the Commission may issue the amendment and

.make it effective, notwithstanding the request for a hearing. Any hearing held would take place after issuance of the amendment.

If the final determination is that the amendment request involves signifi-cant hazards considerations, 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 15-day notice period. However, 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 15-day notice period, provided that its final determination is that the amendment involves no significant hazards considerations. The final determination will consider all public and State comments received. Should the Commission take this action, it will publish a notice of 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 must be filed with the Secretary of the Commission, U.S. Nuclear Regulatory Commission, 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.

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Washington, D.C., by the above date. Where petitions are filed during the-lastten(10)daysofthenoticeperiod,itisrequestedthatthepetitioner promptly so inform the Commission by a toll-free telephone call to Western Union at1(800)325-6000(inMissouri 1 (800) 342-6700). The Western Union operator should be given Datagram Identification Number 3737 and the following message addressed to Walter R. Butler: 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 the General Counsel, U.S. Nuclear Regulatory Commission, Washington, D.C.

20555, and to Troy B Conner, Jr., Esquire, Conner and Wetterhahn,1747 pennsylvania Avenue, N.W., Washington, D.C.

20006.

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 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 amendment dated August 21, 1989, and supplemented on September 11, 1989 which is available for public inspection at the Commission's Public Document Room,

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9.. i 2I20 L Street, N.W., Washington, D. C.

20555, and at the Local Public Document Room, Pennsville Public Library,190 S. Broadway, Pennsville, New Jersey 08070.

Dated at Rockville, Maryland, this lith day of September 1989.'

FOR THE NUCLEAR REGULATORY COMMISSION (J

i er't E. Martin, Acting Director Project Directorate I-2 j

Division of Reactor Projects I/II Office of Nuclear Reactor Regulation-t l

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