ML20137K314
| ML20137K314 | |
| Person / Time | |
|---|---|
| Site: | La Crosse File:Dairyland Power Cooperative icon.png |
| Issue date: | 01/14/1986 |
| From: | Zwolinski J Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML20137K311 | List: |
| References | |
| NUDOCS 8601230550 | |
| Download: ML20137K314 (6) | |
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7590-01 i
UNITED STATES NUCLEAR REGULATORY COMMISSION DAIRYLAND POWER COOPERATIVE DOCKET NO. 50-409 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO PROVISIONAL OPERATING LICENSE AND PROPOSED NO SIGNIFICANT HAZARDS
- CONSIDERATION DETERMINATION AND OPPORTUNITY FOR HEARING The U.S. Nuclear Regulatory Comission (the Comission) is considering issuance of an amendment to Provisional Operating License No. DPR-45 issued to Dairyland Power Cooperative, for operation of the La Crosse Boiling Water Reactor (LACBWR), located in Vernon County, Wisconsin.
The amendment would revise the technical specifications and bases to accomodate an increase in the maximum average exposure of any fuel l l assembly not on the periphery of the core fom 16,800 MWD /MTU to 18,000 MWD /MTU in accordance with the licensee's application for amendment dated f
December 12, 1985.
Before issuance of the proposed license amendment, the Commission will have made findings required by the Atomic Energy Act of 1954, as amended (the Act) and the Commission's regulations.
i The Commission has made a proposed determination that the amendment 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 amendment would not (1) involve a significant increase in the probability or consequences of an accident previously t i SW2ggggyp P
l 7590-01 l evaluated; or (2) create the possibility of a new or different kind of i
accident from any accident previously evaluated; or (3) involve a significant ;
reduction in a margin of safety.
In the December 12, 1985 submittal the licensee states that the proposed change has been reviewed by the LACBWR Comittees as prescribed in LACBWR J
technical specifications and it has been determined not to constitute an unreviewed safety question pursuant to 10 CFR 50.59. This conclusion has been reached because:
The proposed small increase in allowed fuel exposure in fuel assemblies not on the periphery of the core will not involve a significant increase in the probability or consequences of an accident previously evaluated. ;
The greater fuel exposure will not cause a precipitous deterioration of the fuel clad. Any deterioration that might occur is expected to develop slowly and would be apparent at an early stage from increases in the reactor coolant and off-gas radioactivity. The current Technical Specification limits for these activities provide assurance that LACBWR fuel assemblies will not exhibit unacceptable degradation during future operation. All other fuel related Technical Specifications such as
, MAPLHGR (Spec. 4.2.4.2.1), MCPR (Spec. 4.2.4.2.3) and MLHGR (Spec. 4.2.4.2.4) will be conservatively met during operation with the higher fuel l
. exposure.
The increase in exposure limit for fuel assemblies not on the periphery of the core can not by itself create the possibility of a new or different kind of accident from any accident previously evaluated. No systems or method of operation are being changed by this revision. It also will not involve a significant reduction in a margin of safety since the Technical Specification limits for off-gas and reactor coolant activities and for fuel power densities have not been changed and these specifications control the margin of safety for consequences of anticipated accidents.
The staff has reviewed the submittal and agrees with the licensee's l
conclusion with respect to 10 CFR 50.92. Therefore, the staff proposes to determine that this action involves no significant hazards consideration.
The Comission is seeking public comments on this proposed determination.
Any coments received within 30 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.
7590-01 ,
Written comments should be addressed to the Rules and Procedures' Branch, Division of Rules and Records, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555. Copies of comments received may be examined at the NRC Public Document Room, 1717 H Street, NW, Washington, DC.
By February 20, 1986 , 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 a= a party 1.n 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" 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 4
designated Atomic Safety and Licensing Board will issue a notice of hearing or
- an appropriate order.
t 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 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 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
. 7590-01
! 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 prehearing conference scheduled in the proceeding, i but such an amended petition must satisfy the specificity requirements described above.
Not later than fifteen (15) days prior to the first prehearing conference i
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 requirements with respect to at least one contention will not be pemitted 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.
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.
j If the final detemination is that the amendment request involves no significant hazards consideration, the Consnission 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 involves a significant 1
l hazards consideration, any hearing held would take place before the issuance of any amendment.
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7590-01 Nomally, the Comission 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 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 detemination is that the amendment involves no significant hazards i consideration. The final detemination will consider all public and State comments received. Should the Commission take this action, it will publish a
_ notice of issuance and provide for opportunity for a hearing after issuance.
l 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 I
filed with the Secretary of the Comission U.S. Nuclear Regulatory Comission, Washington, D.C. 20555, Att: Docketing and Service Branch, or f may be delivered to the Comission's Public Document Room,1717 H 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 3
promptly so inform the Comission by a toll-free telephone call to Western
- Union at (800) 325-6000 (in Missouri (800) 342-6700). The Western Union l operator should be given Datagram Identification Number 3737 and the following message addressed to John A. Zwolinski, Director, BWR Project Directorate #1, Division of BWR Licensing
- 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 Executive Legal Director, U. S. Nuclear Regulatory Comission, Washington, DC 20555, and to Roy P. Lessy, Jr.; 0.S. Heistand; Morgan, l
Lewis & Bockius, 1800 M Street, NW, 7th Floor North Receptionist, Washington DC 20036, attorney for the licensee. -
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7590-01 Nontimely filings of petitions for leave to intervene, amended petitions, supplemental petitions and/or requests for hearing will not be entertained absent a detennination 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)(i)-(v) and 2.714(d).
For further details with respect to this action, see the application for amendment which is available for public inspection at the Comission's
. Public Decument Room, 1717 H Street, N.W., Washington, D.C., and at the La Crosse Public Library, 800 Main Street, La Crosse, Wisconsin 54601.
Dated at Bethesda, Maryland, this 14th day of January 1986.
FOR THE UCLEAR REGULATO C SSION John . Zwolinski, Director tL e l
i r
s t
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