ML20045A674

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Notice of Appearance.* Notice of Appearance of Undersigned for State of Ma Atty General
ML20045A674
Person / Time
Site: Pilgrim
Issue date: 05/27/1993
From: Rogers J
MASSACHUSETTS, COMMONWEALTH OF
To:
Atomic Safety and Licensing Board Panel
Shared Package
ML20045A662 List:
References
OLA, NUDOCS 9306110187
Download: ML20045A674 (6)


Text

{{#Wiki_filter:. 1 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION - q i-BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

                                            )

In the Matter of )

                                            )

Boston Edison Company ) Docket No. 50-293

                                            )

(Pilgrim Nuclear Power Station) )

                                            )

UOTICE OF APPEARANCE Notice is hereby given of the appearance of the undersigned for the Massachusetts Attorney General. Respectfully submitted, SCOTT HARSHBARGER ATTORNEY GENE by: . ep W. Rogrs asistant ARorney General Regulated Industries Division Public Protection Bureau 131 Tremont St. 3rd Floor Boston, MA 02111 (617) 727-2200 Dated: May 27, 1993 9306110187 930602 PDR ADOCK 05000293  ! 1 G PDR

 +

i i , UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

                                                       '93 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD'
                                                                        'Ib
                                           )

In the Matter of )

                                           )

Boston Edison Company ) Docket No. 50-293

                                           )

(Pilgrim Nuclear Power Station) )

                                           )

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing pleadings to which this certificate is attached were served by Federal Express or first-class mail on the parties listed below on this date. Rules Review and Directives Branch Division of Freedom of Information and Publication Services Office of Administration U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Office of the General Counsel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 W. S. Stowe, Esq. Boston Edison Company 800 Boylston Street - 36th Floor Boston, MA 02199 Office of the Secretary Attn: Docketing and Service Branch U.S. Nuclear Regulatory Commission Washington, D.C. 20555

                                                                          - ~'

j +_. e p W. Rog gs sis [tantAttcrneyGeneral Dated: May 27, 1993

9 g',' Federal Register / Vol. 58. No. 82 / Friday. April 30, 1993 / Notices 26171 AA

           ., j           individual one or two days before the         requests for the opportunity to present               margin of safety. As requued by to CFR scheduled meeting to be advised of any        oral statements and the time allotted                 50.91(a), the licensee has pmvided its
                     ;    changes in schedule. etc., that may have therefor can be obtained by a prepaid                      analysis of the issue of no significant occurred.                                    telephone call to the cogmnnt ACRS                    hazards consideration, which is
             ;t.fa staff engineer.Mr.Doan Houston                        presented below:

Dated:Aptd 22.1993. (telephone 301/492-95211 between 7:30 1 The propoehmm hm hs(n Sam Duraiswamy. a.m. and 4:15 p.m. (EDT). Persons involve a sip *mt bmus 6 the GI Chief.NuclearReactors Bmnch. Pl anning to attend this meeting are probability or ~~--- of an accident h 4 [FR Doc. 93-10165 Filed 4-2b93; 8;45 aml urged to contact the above named previously evaluated. The analyses performed by hot.EC

                           """ C O' "                                    individual one or two days before the scheduled meeting to be advised of any               demonstrate the ameptability of the proposed
            #                                                            changes in schedule, etc., that may have Spent Fuel Storaae arpansion from a vanety k

Advisory Committee on Reactor Safeguards: Subcommittee on occurred. pe g analy on te

          ..$                                                                Dated:Apnl 21.1993.

Probabillstic Risk Assessment; if an abnormal event, such as a fuel enembly Meeting Sam Durawwamy, misloading or usambly drop, should occur. (c It aho has been demonstrated the rpent foal ne ACRS Subcommittee on Chief. Nuclear Reacton Bmnch. g wulcu

                     ' - Probabilistic Risk Assessment will hold IFR Doc. 93-10166 Fikd 4-2&s3; 8.45 aml                                      ,uo      g    stor as b s num coon vsaSeus h

g a meeting on May 11.1993,in room P-110,7920 Norfolk Avenue.Bethesda, and thers is suf5cient time to taka appropnate mrrective action should all MD. cooling be inadvertently lost. b racks an g Boston Edison Co; Consideradon of designed to seimucClass! requirements. An h' The entire meeting will be open to Issuance of Amendment to Facility assembly taaevenently dropped on 6 ncis d C public attendance. The agenda for the subject meeting Operaung License, Proposed No would not pmrubit the racks from performing

        !"                  shall be as follows: Tuesday Mav 11.          Significant Hazards Consideration                     their design function. no radiological consequences of a fuel handling acadent 1993-&30 a.m. Until the Conclusion of Determincuon and Opportunity for a                            nmams within prenously.establiahed limits.

A Business. Hearing Movement i fuel assemblies and racks t The Subcommittee will discuss the [D ekst No.54293} necessary for rack i'*MW wdl be . ii report of the PRA Workin Group that summarizes activities of this Group and 'Ilie U.S. Nuclear Regulatory , P*

                                                                                                                                        "[I"a               m"k "nN (Ib 4                provides guidance for the staff regarding Commission (the Commission)is                             ..Contml of Heavy Loads at Nuclear Power considering issuance of an amendrnent                  Plants."Thus.h p&binpf an acddent g                the applicat2on of PRA.The purpose of this meeting is to gather information,         to Facility Operating License No. DPR-                involving assembly Am.sa will not be
35. Issued to Boston Edison Company signiscantly incensed. Based on these e analyze relevant issues and facis, and to considerations.the probability or
         '/                  formulate proposed positions and              (the licensee) for operation of the Pilgrim Nuclear Power Station, located                consequences of a previously evaluated actions, as appropriate. for deliberation                                                           acddent is not siminently incnased by by the full Committee.                         In Plymouth County, Massachusetts.

installatin accetties. The proposed amendment would

/ Oral statements may be nted by To ppon 6 abm conclusion. BECo has 6 increase the allowed fuel anembly c nsi , de f U wingpmenualscananos:

members concurmace ofof t e the $ublic wit storage cells from 2320 to 3859, and E Subcommittee change the maximum loads allowed to e A spent fuel assembly drop in the g' Chairman; written statements will be accepted and made available to the travel over the spent fuel assemblies ut fuel pwl.

  • A fas og spent faal pool cooling Committee. Rocordings will be from 1000 lbs. to 2000 lbs..and chan h permitted only during those sessions of the limiting characteristics of assemb es *A [c event, y to be stored in the spent fuel from a = [An bstalhW e *
  • Mdm y the meeting when a transcript is being maximum 51.35 to a maximum kept. and questicns may be asked only As detailed in Section 4 of HOL.TIX:hteport ba , s1.32 an a madmum lattice g by members of the Subcommittee. its consultants and staff. Persons desiring average Uramum enrichment of 54.6%

Hi-9292s. BEco evaluated the consequences of a spent fuel assembly drop in the spent

              ,               to make oral statemcints should notify        by weight.                                            fuel pool and found the criticality acceptance
            "                                                                    Before issuance of the proposed                  enterion. K.s 50.05,is not violated. Also.

the ACRS staff memb r named below as license arnendment, the Commission there is no signiScant change in the far in advance as is practicable so that will have made findings required by the recifological mnsequences of a fuel assembly i appropnate arrangements can be made. Atomic Energy Act of 1954, as amended drop fan the previous analyses since the i During the meeting, the calculated doses are well within 10 CFR Part i Subcommittee, along with any of its (the Act) and the Commission's 100 guidelines. Analysis shows that dropping consultants who may be present. may regulations. exchange preliminary views regarding The Commission has made a * 'g"yh " je

  • k'hllea $

matters to be considered during the Proposal determmation that the safety functien. Thus, h consequence of balance of the meeting. amendment request involves no this type of acddent are not signincantly The Subcommittee will then hear significant hazards conuderation. Under changed from the previously evaluated spent presentations by and hold discussions the Commission's regulations in to CFR ruei assembly dmps. with representatives of the NRC staff. 50.92, this means that operation of the Certain recu in the pool will be equipped l the nuclear industry, its respective facility in accordance with the proposed with overhead storage platforms. Nse Pl atforms are cat plate stmetures. Ny serve  ; consultants, and other interested amendment would not (1) involve a persons regarding this review. significant increase in the probability or m st m miscenanews items and protect the fuel assemblies st red underneath from j Further informanon regarding topics consequences of an accident previously evaluated: or (2) cmate the possibility of og'$

                                                                                                                                                    *g           nn m a he@       l to be discussed, the scheduling of                                                                                   ,            p9, sesuons open to the pubhc. whether the a new or different kind of acctdent from situation if the platform is ever moved in the                   4 meeting has been cancelled or                 any accident previously evaluated; or                 pooll was analyzed. It was determined that    f rescheduled. the Chairman's ruling on        (3) involve a significant reduction in a              dropping spent fael from: 4* above the racks  l 1

A ___

w 26172 Fedeml Register l Vol 53. No. 82 / Friday. Apnl 30. 1993 L Noticos

   .i e more severe event than a 4" dropnf the           esuits in a potannal offsite dose less than                   that the changes co not involve a sign 16 cant
   ;intform with as assumed dry weight of2000 v.Cm100 llants. In addition. there is no                                 reduction in a marzm of safety.

es Therfore. tte fuel drop scenanos temd aquipment esseretud to the safe shuttiown of The established aczzptance criterton'for thereactaror empet:ryed ttrtnttigste the atticality ts that tre eGective neutron r.e piatform crop mnditton. Dunn2 refueltDa activities, wben the beat consequestas of an saident beneath, multiplication factor in spent fuel pools shall adiacent tn.nr otnerwise wtthan the exus of be less than or equal m o.95. includiq all oad m tte poon is greatest..an intert eis uncertainties, uncer all conditions. This natlable between the fuel pool cochng htfhience of any Wa to be handled dunna s vstem and either loop of the Restdual Heat his expans.an montfication. Therefore, the margm of safety has been adhered to in the Pemovai (RHR) system. The RHR pump and conseq=r= ofIan enticahty analysis methods in developmg thu < I tsat excnanser conEguration provides greater estalianon) * *

  • accidant are not new reca dentsn.

caotma capacity for full core off-loads and as signtScantly increased fmm previously The methods used in the atticaltty s becaup to the normal fuel pool cooling evatuateo events. analysis conform to the applicable peruons svs'em. This awem will function dunna a NUREG-0554. entitled:" Single-Feilure- of the apprepnate NRC guidance and l PmoiCranes for Nucisar Power Plants", industry cxnes.stanaards.andspecificatmns css of offsite power by utiling amargency besel ganeraaor AC power. The analysts in provides guidance tar the destan fabncattan. In meetmg the =7~= crttana tor Section 5 of HOLTECReport 10-92925 installation and testing of new canes that are cnticality m the apant fuel pooleuch that K e determmed cooitag capacities and maximum of a bign reliabihty design. NUREG-0612. is always less than or equal to U.95, including Appencix C. enutled: "Modificatron of uncenamties at a 95%/95% probability / ( temperatures as well as the time-to-boll aittcut cooling. The calculations show that Eusting Cranes" paidas guidelines on the con 6dence level the pmposedsmendment if coohng is lost at the instant when the pool unpiemeurarm of NUREG-0554 at operating does not involve a s ur uf! rant t= duction in water reaches its max:mumvalue dunng a plants. An evaluation of storage rack the maqpn of safety int nuclear criticality Mi core offload. the;e ts a minimum of 6.4 movements to be performed by the PNPS lt is recognned that a one-toene hours before bulk botling can occur. Reactor Building crane demonstrated the conespondence bMween the K-nevnry of a Dunns reactor power operation, the termal pmbabihty of a d:op of a storage rack is bundle in the standard core geometry and the bel poos cachna system is used with either extremely small.The Reactor Building crane Kor in the fuel (rectl does met exist. N has a rated capacity of100 tons and etfect of higher fuel ennchm=nts nn the af the two pumps and heat exchansers capab!e of maintaining the fuel pool well incorporates a tiesign safety factor of fire. neutmn energy rpearum is so reduce the K.

                                                          ~he     maximum     wN%ht      of any  61  sting or             INnwrry ltn the Dent fuel rackhln Dtderin Leiow acthnt nI the event of a loss of cffsite                                                                      prende a cunptete specifientmn of fuel that power, a temporary AC power                         reptarrment sturans raca and its associated bancitna tool is 15 tons. Therefore, there u                    can be stored in tne PNPS pool, the attena
      .nterconnecticn is used to operate one or Soth pumps. Due to lower spent fuel pool            an ample safety factor margin for movements for both K-omwrry and fuelennchment needs r.nt loa:s durma plant operation, mon than c,f the storage racas by the Reacter Building                            to be prescnbed. CWculations have been 16 hours are evadable before bulk botilng can crane.                                                               performed to dm-sta that mH fnal occur ms.the consequences of this event                 Therefore. tt is concluded that the                         assemblies of up to 4.9% wt planar-everage propcasa amencmant supporung the                                U-235 ennchment with a K-emurry of1.32 type are not 34:aficantry increased.f:cm                                                                            or less can be stored in the PNPS rpect fael prenously-evaluated loss cf cooling system          addition    of spent   fuel  enei  a in the  spent   fuel flow events.                                        pool    does   not involve   a  signincant   increase           pool with K.e less than or equal t00.95.

The consequances of a seismic event have in the pmoability orconsequences of any Conservative methods wereissed to accident pnmously evaluated. calculata the ma nmum fuel temperstma and been evaluated. The additional new retu the increase in temperstmw of the =awr in wdi meer desrgn and fabncation 2 me poposed amendment does not requtrements of epplicable NRC Regulatory creare tha possibdity of amew or different the spent fuel pool The thermal-bydrauhc Guides and industry standards. Seismjc kind of atx:adentiram any accident evaluation used n ethods peswaush analyses un the new andexistingTacks were previously evalumd employed for evahuttonsaf tbs pinsent spent performed usn:g both stngleTect 3-D No unprovsn tecnrAgy La Lavolved either fuel racks to demonstrate tha temperature in the me=Hatson prneans or in the margins of safety are maintainedTThe (cpposed pbsse motion) and Whole Pool analtytical techniques necessary to justify the reposed modi $ cation will fncense the heat MulteFack (WPMR) models The results of Ioed in the spent fuel pool The evaluation these anaj voes mdicate a large maram of planned frei storase expansion. Tha basic kinemauc and stress safety. The kinematic technology for fuel pool expansicm has been shows the eusting spent fuelecoling system maram against rack-to-raciimpact is at least developed and demonstrated in overe0 will mamtain the bulk poolwusst a mcoes or rsca.to-wallimpact u et taast apphcstiens for feelpool apeoty increases temp-aeum at er below 242*F dunng rn incnes for ad racks.uute pool pronousiv opproved by the NRC. refuehng. L.kewaa, the manmum rack prtma2y stresses HOLTsr han s<= h1='ad tha proposed The evaluation also shows that manmnm under the Safa Shutdown Earthquaka (SSE1 modtScat:orrtn acxxndance with the local wster temperatures alon6 the hottest guidance of an NRC position paper entitled: fuel a==amhly are below the nucleate boiling condaten are less than 60% of the allowan.e condition value.Thus, them is no significant ASME Code value. Finally, the manmum "OT Position for Review and Axxmptance of bendma moments and through.thickneu Spant Fuel Storare and Handling reduction in the margin of safety caused by Apphcauons." with appropnate NRC thermal hydraubc or spent-fueh:Dolmg shear ta the supporting pool st:ucture under factored load conditions are less than 80% of Regulatory Guides, with NRC Standard concerns. - Revrew Piem.1md with industry endes and The main safety function of the apent fuel the respectvs allowables.The new free. stancma racks are designed, as am the standards. In addition, ffECo has revmwed pool and racts is to maintain the apenthal severai p evious NRC Safety Evaluation assemohes m a safe con 6guranorrituough tll eustng tree-standing racks, so that the Reports for tact insta%tinn Jepplications normal or ahmmaj {cadinga.dhnormal integnty of the racks and the pool arruaure sundar to this proposedtuodi6catron. . loadmas that have been considered are the is mawtamed dunna and after a seismic effect of an earthquais,the drop of a spent event. Thus.1he Innsequences of a sets:me Based upon the foregotog, the proposed rack instauation does not create the fuel assembly, or the zirop ofany other heavy event are not increasedhom previously pnastbahty of a new or diffarent of accident object. The mechanical. material, and evalured eve::ts. structural design of the new spent fuel racks The wnsecuences et lan fmm any accident prenously evaluated. 37The proposed amendment does not is in occadance with NRC guidance. The mstabtioni * *

  • nccident have been masacred. A tcavy lor.d will not be carned invatre a sigruccantTeductron in unargtn cf rack matertals used are cxrmpetible with the in tha srmat hel pool area untilall faalin safety. spent fuel pool and the spentfuel ensemblies.

The HOL'lTC woort demoortretee the The structural consideratzons of the new the pooi has cecaved fora minimum cf thm racks and susting racAs addreas marums of mc-utns.Per hrREG D6121his provides acxmptautitty of adding newracts frum a sumdent tce for thedacay of gaseous vanery af perspa:uves mciudtng criticahty, safety to preda tuting, danectum cr thermai-bydrauhc. redsologicalsetsunc and movement, thereoy ensunng the racks do not rac tonuchdes m the hiel (gap acuvityi suc.n that an assnod accidental aslease of gasses structural canaiderauona. The results of these t= pact each other dunng postulated setamic frora enage to all stored fuel asse:nbhes analyses provtda the bants for our mnelusirst events.In addMan the spent. fuel asaamblias

T . Federcl Register / Vol. 58. No. 82 / Friday, April 30, 1993 / Notices 2G173 mrta:n :ntact and no cnucanty concerns wishes to participate as a party in the bases of the contention and a concise exist. Tbs tre marnn of safety is not proceeding must file a wntten request statement cf the alleged facts or expert simi.:anuv reouceo by tne proposed raca for a beanng and a peuticn for leave to opmion wcich support the contenuon o':aa ::s. intervene. Requests for a heanng and a and on wnn.n the peutioner mtends to The NRC staff has reviewed the peution for leave to intervene snall be rely m prov.cq the contention at the licensee s annivsis and, based on this filed in accordance with the beanng. The peutioner must also review,it appears that the three Commission's " Rules of Practice for provide references to those specific stancards of 10 CFR 50.92(c) are Domestic Ucensmg Proceedings"in 10 sources ano documents of which the saus5ed. Therefore, tne NRC staff CFR part 2. Interested persons should pentioner is aware and on which the propcses to determine that the consult a current copy of to CFR 2.714 peutioner tetends to rely to establish amencment request mvolves no which is available at the Ccmmission's those facts er expert opinion. Petitioner smm5 cant hauras considerauon. Public Document Room, the Gelman must provice sufficient information to He Commission is seeking public Building. 2120 L Street. NW., show that a genuine dispute exists with comments on tnis propcsed Washington, DC 20555 and at the local the applicent on s materialissue of law dete mmauon. Any comments received public document room located at the or fact. Ccntentions shall be limited to within 30 days after tne date of Plymorth Public Library.11 North matters witcin the scope of the pubhcauen of this nouce will be Street, f ( mouth. Massachusetts 02360, amendment under consideration. The considemd in making any nnal if a request for a heanng or petiuon for contenuon must be one which,if determmation. laave to intervene is Sled by the above proven, would entitle the petitioner to Normally, the Commission will not date, the Commission or an Atomic relief. A pettioner who fails to file such issue tne amendment unut the Safety and ucensmg Board, designated a supplement which satisfies these nxpirauon of the 30-day notice penod. by the Commission or by the Chairman requirements with respect to at least one However, should circumstances change of the Atomic Safety and Uconsing contenuon will not be penmtted to dunna the nouce penod such that Poard Panel, will rule on the request parttipate as a party. hiiure to act m a urnetv way would andor peution: and the Secretary or the Those permitted to intervene bocome resuit. for exampie, m deratmg cr desigreed Atomic Safety and ucensmg parues to tr.e proceedmg. subject to any shu:cown et the faci 2ty tne Board wn! issue a nonce of beanng or limitations in the order granting leave to Commission may issue the license an appropnee order. intervene. and have the opportunity to amencment before tne expiranon of the As requireo by 10 CFR 2.714 a parucipate fully in the conduct of the 30-day notice penod, provided that its petition for lean to intervene shall set heanng. Including the opportumty to final determmauon is that the forth with parucelanty the interest of present evicence and cross-examme amendment involves no sigmficant the petitioner in t.se proceeding, and witnesses, hazards consideration. The final how that interest may be affected by the If a heann;is requested, the determination will consider all public results of the proceeding.The petiuon Commission will make a final and State comments recstved. Should should specifically explain the reasons determination on the issue of no the Ccmmission take this action,it w 11 why intervention should be permitted sigmficant hazards consideration. The publish in the Federal Register a notice w th particular reference to the final determmation will serve to decide ofissuana and provide for opportunity following factors:(1)The nature of the when the hearing is held. for a heanog after issuance. The peutioner's right under the Act to be If the final determination is that the Commission expects that the need to made party to the proceeding:(2) the amendment request involves no take this acuan will occur very nature and extent of the petitioner's sigmficant hazards consideration, the infreauently, property, financial, or otner interest in Commission may issue the amendment Written c'omments may be submitted the proceeding; and (3) the possible and make it immediately effective, by mail to the Rules Review and effect of any order which may be notwithstanding the request for a Iirecuves Branch. Division of Freedom entered in the proceeding on the beanng. Any hearing held would take of information and Publications petitioner's interest. The petition should place afterissuance of the amendment. Services. Office of Administration. U.S. also idantify the specific aspect (s) of the 11the final determination is that the Nuclear Regulatory Commission, subject matter of the proceeding as to amendment request involves a Washington DC 20555, and should cite which petitioner wishes to intervene. sigm5 cant hazards consideration, any the puol'icauon date and page number of Any person who has Sled a petition for heanng held would take place beforo this federal Register nouce. Written leave to intervene or who has been the issuance of any amendment. comments mey also be delivered to admitted as a party may amend the A request for a heanng or a petition room P-223. Phillips Building. 7920 petition without requesting leave of the Iof leave to mtervene must be filed with Norfolk Avenue Bethesda, Maryland. Board up to 15 days prior to the first the Secretary of the Commission. U.S. from 7:30 a.m. to 4:15 p.m. Federal preheanng conference scheduled in the Nuclear Regulatory Commir,sion, workdays. Copies of wntten comments proceeding, but such an amended Washington.DC 20555. Attention: rece:ved may be exammed at the NRC peution must satisfy the specificity Docketmg and Services Branch, or may Public Document Room, the Gelman requirements described above, be delivered to the Commiasion's Public Bu2lding. 2120 L Street. NW., Not later than 15 days prior to the first Document Room.the Gelman Building. Was:uncton, DC 20555. Prehearing conference scheduled in the 2120 L Street. NW., Washington. DC The bling of requests for huanng and proceeding, a petitioner shall file a 20555, by tne above date. Where peunens for leave to mtervene is supplement to the petition to intervene peutions are filed during the last 10 discussed below. which must include a list of the days of the notica period,it is requested av June 1.1993, the licensee may file contentions which are sought to be that the peutioner promptly so inform a recuest for a heanna with respect to litigated in the matter. Each contention the Commasion by a toll free telephone asciuce of the amenament to the must consist of a specific statement of call to Westem Union at 1-{B00) 248-suo;ect facility operstmg license and the issue of law or fact to be raised or 5100 (in Missouri 1-4800)342-6700). any person whose interest may be controverted. In addition. the petitioner The Westem Union operator abould 'te affected by this proceeomg and who shall provide a brief explanation of the pven Dategram Idenufication Number

8

 ?S174                      Federal Resst:r / Vol. 58..No. 82 J Friday, . April 30,199S // Notices N1023 and the following message                subpart G, and fi 2.7241n particular.               These .mmments are'=wmdant tothe continue to govern the filing of requests            definition of OPERAHHIFT in'the QJS addressed to Walter R.' Butler:                                                                     TS.which requires thattHvecessary petitioner's name and telephone                for a bearmg orpetitions to intervson.

numtwr date pection was mailed, plant as well as the admiarion of costsutions4 attendant instrumentation. controls, The presiding officer maygrant an normal and emergency elecutcalpower name, and publication date and page sotncesccooling or sealwater, number of this FederalRegister notice. untimely request er oral.orgument only upon showmg of geod cause by the luhricationer other sunhary equipment , A copy of the peutionshould also be sent ta the Office of theGeneral requesting peny for the failure to Ble on that are requimd for a safety.nslstad time end.after providing the other system to arm sts salsty functionare Counsel U.S. Nuclear Regulatory , Commissma Washington.DC20555, parties en-epportumty to respond to the also capa e.of perfnrmmgestr.related 1 and to W. S. Stowe, Esqune. Boston untimely request. If tire preiding officar support function (s). Thernfora,memnval grants e aquest for oral argument, any of TS 3/4.5.H willnatureurnalyuber Edison Company,800 Boylston. Street. < 35th Floor. Boston, Masaechusetts heanng held on the application < hall be the assurance ofC=v rf. Curs 02199. attomey for the licensee. conducted in ecr.ordancewith the Cooling System ptmm operability,and Nonttmely filings of petitions far hybrid bearmg precedums. In euence, will make the CNS TS con ====nt with leave to mtervene, amended petitions, those procedums limit the time the Boiling Water Reactor (BWR) available foniisemery and require that Standard Technical Specifiestions in supplemental petitions and/orrequests ' for heanng will notbe entertaineu an oral argument beheld to determine this regard. a absent a determmation by the whether any contentions mustbe Dunng the performance ef1hs licensee's ongmng Desgn Basis Commission, the presiding officer or the resolved in adjudicatory bearing. If no Reconstitution Program, the licensee presiding Atonue Safety and thansin8 partyte the proceedingstequests cral Board that the petition and/or roquast argumentcorff alltmtimely requests for determined that tmder oertain socident

  • should be granted based upon a oral argument sm danied, then the usual conditions (a pipe breakyostulated to '

occur in the Core Spray System balancing of the factors specifiad in 10 procedums in to CFR pet 2, subpart G. discharge line, combined with a. loss of . CFR 2.714f a)(1)(i)-4v) and 2.714(d). 17, The Commission hareoy provides or funher detnis withrespect to this off. site power and with a failure of one notice that this is a proceeding on an Emergency Diesel Generstar), them  ! action. see the a lication for could be fewer than the required epplication fora licenseamamiment amendment da Februury 11,1993. falling within the scope of sectum 134 which is available forpubhctnspection neber of low.presrure Emergency Core of the Nuclear Watta Policy Act of1982 at the Commission'sPublicDocument Cooling System (EC:S)ptanpqL 5Vailable Roum, the Celman Building 2120 L to respond to the acadsat3an was (NWPA). 42 U.S.C.mnSt. Under 1 section 134 of the NWPA the Street.NW..'Washingten.DC 20555 and assumed in the CCS ecodantunalysis. This scenario would ocx:ur.dnpart as.a Commission, at the mquest of any party atthelocalpublic documentroom to the proceeding, must'use hybrid locattst de Plymond Pubhe Lbrary, result'of the loss of the**--d t beanng procedures withTurpect:to Sany 11 Nath Street, Plymouth. Safeguards CompetmenttCesdors that are' powered by the  : Diesel matter which the Commiseson Massachusetts 02350. Generaturthat is a==nm= hts determines to be in. controversy among .Detad at RohilleStryland.this 23rd day e,hmmh the licansasis2nmently the parties." The hybrid procedures in making aplant dangn :townerra section 134 provide furoral agument of APru 1992. on matters in controversy. paceded by Far the NuclearRapalary enmnuusa- thenparabilitynfthemumrh lhaat discovery under therCommission's Ronald 84aton. Sr. removal (RHR)pumpsm+thrmt theRER

                 ~

rules, and the designetion, following PrryserMmamer,ProesctDtrucramte A3, pump area coolers,the CNS 'DS still Divman offisocmrIA '/2Lofficeof require the se .r,mhwa totn *tn nwvtcs," argument. of only those factual-issues NuclearJaeoctorRegulatma. that involve a genuine and substantial hence. OPIRABLE. ethanstuethe (FR Doc.2Ht0170 Ned+4bR 845 sml mnrirtedprmy in thiscasethe RHR dispute. together with4ny remaming pumps, mustbe dacland.iNDPERABI;E, questions of law, to be resolved in an massa cuammom-m Howeenr. the plant Langa rh anne-will edjudicatory beenng. Actual adjudicatory beenngs are to be held on allow ths RHRpumostoperform their gg sainty Ametirm and thushe OPERABLE only those issues found to meet the without the cmlers beingin service. cnteria of section 174 and set for CooperNuctuar Station; Corrsloeration Thus. withmt approval ofthisproposed heanna efler oral arvument. ofissuanceof Amendmenttoisecility r hangacthe requusdaumber ofECCS The Commission 4 Tules Opersting 1.Jcense, Proposed No implementing section TJ4 of the NWPA mgntResnt HazardsCon Merstion Pumps nanded far ASMEQass-I am found in to CFRpet 2,subpart K. Determtrtstion, and1Dpportuntty for1m pressure-tssting und for plant operation would mot be ewulable und. plant startup "Ilybnd Heanng Procedures for Hearing Expansion of Spent Nuclear Fuel conhl zmt ocz:ur. Storege Capeory et Ovilian Nuclear The U3. NucleurRegulatory The licensee has stated that.the . Commission-(the e nmmmion)is pmposed TS chma is neededprior to l Power Reactors"(published at 50 FR 41670. October 15,19851 to 10 CFR runaidenng.insuance of an amundment Class I ASME pressure testing and i

       ' not et seg. Under those rules, any          tof acility Operating I termca No._DPR-               reactor startup followmgtile current
         . arty to the pmceeding may invoke the       40,  issued   to the   NahrestaPublicPower       refualmg      outage, currently scheduled ybnd heanng procedurm by. filing with District (ths hrmae), furoperation of                       for May.10,1993.Thus.thehmm4= ion the presiding officers wrttten request         the Cooper Nucisar.fitation (CNS),                   must act quickly and timeadoes not for oral errument tmder 20 CFR 2.*1109.

located in.Nnmmhn coumy, Nebraska. permitthe puhummn of a Faderal To be timely, the request must be. filed The proposedamenamentwould Register notice anowmg 30. days:fm within 30 dap of an order granting a removehrtmn.3/A.5.H. "Pn einsemd prior publicromment. Safeguards Competments Coolmg."znd As: stated above.the need.forthe mquest for heanng or petition to mtervene. (As outuned above, the 'tha assoc ated Bassa section framthe proposed TS channwaafound durmg Commirsion's rules in .10 CFR part.2. CMS TschmcalSpecifications (ISL thecmmeof the hrrnme4tmgomg}}