ML20249C685

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Notice of Consideration of Issuance of Amends to Licenses DPR-66 & NPF-73 & Proposed NSHC Determination & Opportunity for Hearing.Amends Would Revise BVPS-1 & 2 TS Definition of Channel Calibration
ML20249C685
Person / Time
Site: Beaver Valley
Issue date: 06/22/1998
From: Brinkman D
NRC (Affiliation Not Assigned)
To:
Shared Package
ML20249C686 List:
References
NUDOCS 9807010029
Download: ML20249C685 (6)


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7590-01-P UNITED STATES NUCLEAR REGULATORY COMMISSION m

l DUQUESNE LIGHT COMPANY DOCKET NOS. 50 334 AND 50-412 l

NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO I

l FACILITY OPERATING LICENSE. PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION. AND OPPORTUNITY FOR A HEARING i

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.

The proposed amendment would revise the BVPS-1 and BVPS-2 Technicsl Specification (TS) definition of a channel calibration to add two sentences stating that (1) the calibration of instrument channels with resistance temperature detector or thermocouple sensors may consist of an inplace qualitative assessment of sensor behavior and normal calibration of the remaining adjustable device's in the channel and (2) whenever a sensing element is replaced, the next required channel calibration shall include an inplace cross calibration that compares the other sensing elements with the recently installed sensing element. This proposed change woul.d make the BVPS-1 and BVPS-2 TS definition of channel calibration consistent with the definition

. of a channel calibration contained in the NRC's improved Standard Technical Specifications for Westinghouse Plants (NUREG-1431, Revision 1).

Before issuance of the proposed license amendment, the Commission will have made l-findings required by the Atomic Energy Act of 1954, as amended (the Act) and the Commission's t

regulations.

l 9807010029 990622 PDR ADOCK 05000334 P

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2 The Commission has made a proposed determination that the amendment request involves no significant hazards consideration. Under the Commission's regulations in 10 CFR 50.g2, 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 l

accident from any accident previously evaluated; or (3) involve a significant reduction in a margin 1

of safety. As required by 10 CFR 50.g1(a), the licensee has provided its analysis of the issue of e

r no significant hazards consideration, which is presented below:

1. Does the' change involve a significant increase in the probability or consequences of an accident previously evaluated?

The proposed change is administrative in nature. It does not involve any change to

' the configuration or method of operation of any plant equipment that is used to mitigate the consequences of an accident nor alter the conditions or assumptions in any of the Updated Final Safety Analysis Repo#1[UFSAR) accident analyses. The revised definition would eliminate unnecessary and potentially damaging removal of resistance temperature detector (RTO) or thermocouple sensors in order to perform calibrations that are not technically possible. Therefore, it can be concluded that the proposed changes do not involve any increase in 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?

No new failure modes have been defined for any plant system or component important to safety nor has any new limiting failure been identified as a result of the proposed changes. There will be no change in the requirement to assess the entire RTD or thermocouple channel behavior including the sensor, alarm, display, and/or i

trip function. Therefore, it can be concluded that the proposed change does not create the possibility of a new or different kind of accident from those previously

- evaluated.

3. Does the change involve a significant reduction in a margin of safety?

The proposed change is administrative in nature. Assessment of channel behavior, including sensors, will continue to be required. The addition to the Channel Calibration definition will provide greater flexibility in the use of the provision for surveillance testing, and will have no adverse effect on safety. Also, the inplace qualitative assessment obviates the need to remove the RTDs or thermocouple from their installed location, thereby eliminating the possibility of damaging them during removal. Therefore, it can be concluded that the proposed changes do not involve any reduction in a margin of safety.

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l 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 I

determine that the amendment request involves no significant hazards consideration.

The Commission 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.

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 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 comments received.

!Should the Commission take this action, it will publish in the FEDERAL r.EGISTER 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 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 July 27,199Q 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

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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 petdion for leave to intervene. Requests for a hea, ring and a.{

petit on 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, DC, and at the local public document room located at the B. F. Jones Memorial Library,663 Franklin Avenue, Aliquippa, PA 15001. If a request for a hearing or petition for leave to intervene is filed try 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

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. 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 j

intervention should be permitted with particular reference to the following factors: (1) the nature l

of the petitioner's right under the Act to be made party to the proceeding; (2) the nature and l

extent of the petitioners 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 petitioners 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 mnference scheduled in the proceeding, but such an amended petition must satisfy the specificity requirements described above.

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I 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 i

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 amendment under consideration. The contention must be one which, if proven, would entitle the petitionGr 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

,l 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.

l 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 sign!Iicant hazards 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.

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- if the final determination is that the amendment request involves a signif' ant hazards m

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, or may be delivered to the Commission's Public Document Room, the Gelman Building,2120 L Street, NW., Washington, DC, by the above date.

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. A copy of the petition should also be sent to the Office of the General Counsel, U.S. Nuclear l

Regulatory Commission, Washington, DC 20555-0001, and to Jay E. Silberg, Esquire, Shaw, Pittman, Potts & Trowbridge,2300 N Street, NW., Washington, DC 20037, 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 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)(i)-(v) and 2.714(d).

For further details with respect to this action, see the application for amendment dated June ig, igg 8, 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 pubim' document room located at the B. F. Jones Memorial Library,663 Franklin Avenue, Aliquippa, PA I

-15001.

Dated at Rockville, Maryland, this 22nd day of June 1Cg8.

FOR THE NUCLEAR REGULATORY COMMISSION l

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Donald S. Brinkman, Senior Project Manager Project Directorate 1-2 i

Division of Reactor Projects - 1/11 i

Office of Nuclear Reactor Regulation l

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