ML20248E799
| ML20248E799 | |
| Person / Time | |
|---|---|
| Site: | Crystal River  |
| Issue date: | 09/25/1989 |
| From: | Silver H Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML20248E792 | List: |
| References | |
| NUDOCS 8910060015 | |
| Download: ML20248E799 (7) | |
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. . UNITED STATES NUCLEAR REGULATORY COMMISSION FLORIDA POWER CORPORATION-
. DOCKET NO. 50-302 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE AhD PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION AND OPPORTUNITY FOR HEARING.
The U.S. Nuclear Regulatory Connission (the Commission) is considering issuance of an amendment to Facility Operating License No. DPR-72, issued to Florida Power Corporation (the licensee), for operation of Crystal River Unit 3 Nuclear Generating Plant located in Citrus County, Florida. ~
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The proposed anandment would permit a one-time delay of the 18-month diesel generator full-load test until the next refueling outage, currently
. scheduled for. the spring of 1990. It would also delete an unnecessary footnote.
The staff is issuing this notice under exigent circumstances. The present Technical Specification requirement is such that a portion of the test'must be performed within the 30-minute rating. Time of operation within that rating' is cumulative. The surveillance was intended to be performed once during the last refueling outage. At the next outage, the system is scheduled to.be modified so that the test load can be reduced to below the 30-minute rating. However, because of the length of a recent maintenance outage, the surveillance interval -
runs out on October 21, 1989, before the next refueling outage. The amendment would eliminate the need to test the diesel generator in the 30-minute rating.
Testing the diesel generator in the 30-minute rating would reduce the available operating time the diesels could carry the maximum engineered safeguards load during certain postulated accidents.
8910060015 890925 PDR ADOCK 05000302 ,
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t Before issuance of the proposed license amendment, the Cosuiission will have made findings required by the Atomic Energy Act of 1954, as amended (the Act) and the Comission's regulations.
The Commission has made a proposed determination that the request for amendment 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 amendment would not (1) involve a significar.t 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. The license $t evaluated the proposed changes in light of the above three criteria. In regard to the first criterion, the licensee determined that the propused changes would not involve ~~a significant increase in the probability or consequences of an accident previously analyzed since the diesel generator run time and loadings have been low. Therefore, the diesel generetors are expected to be able to perform their intended function for the remainder of the fuel cycle.
In regard to the second criterion, the licensee determined that the proposed changes would not create the possibility of a new or different kind of acticent from any accident previously evaluated. This is because the proposed change introduces no new mode of plant operation, nor does it require any physical modification to the plant.
In regard to the third criterion, the licensee determined that the proposed change does not involve a significant reduction in a margin of safety. The licensee maintains that any reduction will be insignificant since, based on inspections and testing, the diesels are expected to be able to carry their engineered safeguards loads.
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q The staff has performed a preliminary review of the licensee's proposed change and agrees that the criteria of 10 CFR 50.92 are met.
Accordingly, the Comission proposes to determine that this change does not involve a significant hazards consideration.
The Commission is~ seeking public coments on this proposed determination.
Any comments received within 15 days after the date of publication of this notice will be considered in making any final determination. The Comission 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, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555, and should cite the publication date and page nunber of this FEDERAL REGISTER notice. Written comments may also be delivered to Room P-223, Phillips Building, 7920 Norfolk Avenue, Bethesda, Maryland, from 7:30 a.m. to 4:15 p.m. Copies of written comments teceived may be examined at the NRC Public Document Room, the Gelman Building, 2120 L Street, N.W. , Washington, D.C. The filing of requests for hearing and petitions for leave to intervene is discussed below.
By October 30, 1989 , 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 petition for leave to intervene. Request for a hearing and petitions for leave to intervene shall be filed in accordance with the Commission's " Rules of Practice for Domestic Licensing Proceedings" ir,10 CFR Part 2. Interested persons should consult a current copy of 10 CFR 2.714 which is available at ,
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the Cosmission's Public Document Room, the Gelman Building, 2120 L Street, N.W., Washington, D.C. 20555 and at the Local Public Document Room located
- at the Crystal River Public Library, 668 N.W. First Avenue, Crystal River, Florida 32629. 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 52.714, 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 e 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) oays prior to the first prehearing conference scheduled in the proceeding, but such an amended petition nust satisfy the specificity requirements described above.
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Not later than fifteen (15) days prior to the first prehearing conference schedu' led 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 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 scope of the amendments !
under consideration.. The contention must be one which, if proven, would entitle the petitiorer to relief. A petitioner who fails to file such a supplement which satisfies these requirements with respect te St 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 30 days, the Comission 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.
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6-9 If the final determination is that the request for amendment involves no significant hazards consideration, the Comission 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 a final determination is that the amendment involves significant hazards considerations, any hearing held would take place before the issuance of any amendment.
Normally, the Comission will not issue the amendment until the expiration of the 15-day notice period. However, snould 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 Comission may issue the license amendment before the expiration of the 15-day notice period, provided that its final determination is that the arendment involves no significant hazards consideration. The final determination will' consider all public and State comments received. Should the Comission 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 inf requently.
A request for a hearing or a petition for leave to intervene must be l 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 Commission's Public Document Room, the Gelman Building, 2120 L Street, N.W. , Wa shington, 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 Comission by a toll-free telephone call to Western Union at 1-(800) 325-6000 (in Missouri 1-(800) 342-6700). The Western
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. ~7- 3 Union operator should be given Datagram Identification Number 3737 and the following message addressed to Herbert N. Berkow: (petitioner's name and telephone number), (date petition was mailed), (plant name), and (publication -
date..and page nunber 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 A. H. Stephens, General Counsel, Florida Power Corporation, MAC-A5D, P.O. Box 14042, St. Petersburg, Florida 33733, 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 Connission, the presiding officer or the 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 9,1989, which is available for public inspection at the Commission's Public Document Room, the Gelman Building, 2120 L Street, N.W.,
Washington, D.C. 20555 and at the Local Public Document Room located at the ,
Crystal River Public Library, 668 N.W. First Avenue, Crystal River, Florida 32629.
Dated at Rockville, Maryland, this 25th day of September.
FOR THE NUCLEA GULATORY COMMISSION w
Harley lver, Project Manager Projec irectorate 11-2 Division of Reactor Projects - I/II Office of Nuclear Reactor Regulation l
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