ML20234C381

Notice of Consideration of Issuance of Amend to License DPR-21 & Proposed NSHC Determination & Opportunity for Hearing.Amend Revises Tech Specs 3.4,4.4 & Associated Bases to Comply W/Atws Rule Per 870522 Application for Amend

ML20234C381
Person / Time
Site:	Millstone
Issue date:	06/30/1987
From:	Thomas C Office of Nuclear Reactor Regulation
To:
Shared Package
ML20234C344	List: ML20234C340 ML20234C369 ML20234C381
References
NUDOCS 8707060443
Download: ML20234C381 (8)

Text

1 7590-01 l

UNITED STATES NUCLEAR REGULATORY COMMISSION

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NORTHEAST NUCLEAR ENERGY COMPANY f DOCKET NO. 50-245 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY CPERATING LICENSE AND PROPOSED NO SIGNIFICANT HAZARDS i

CONSIDERATION DETERMINATION AND OPPORTUNITY FOR HEARING  !

The U.S. Nuclear Regulatory Commission (the Commission) is considering issuance of an amendment to Facility Operating License No. DPR-21 issued to  !

i Northeast Nuclear Energy Company (NNECO), (the licensee), for operation of the l

Millstone Nuclear Power Station, Unit No.1, located in New London County, Connecticut.

The amendment would revise Sections 3.4, 4.4, and the associated Bases {

i of the Technical Specifications (TS) in accordance with the licensee's application for amendment dated May 22, 1987. These changes are being proposed to ensure compliance with the ATWS rule (10 CFR 50.62) which requires all BWRs to have a standby liquid control ystem (SLCS) with a minimum flow capacity equivalent to 86 gpm of 13 weight percent sodium 1 pentaborate solution. At Millstone Unit 1, the equivalent flow capacity,  ;

as clarified in Generic Letter 85-03, " Clarification of Equivalent Control I

Capacity for Standby Liquid Level Control Systems," dated January 28, 1985, will be achieved by utilizing B-10 enriched sodium pentaborate. The 8707060443 070630 ppa ADOCK 05000245 POR L

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7590-01 minimum SLCS system parameters being proposed are: pump flow rate of 40 gpm; j

solution concentration of at least 11%; solution volume of at least 1850 gallons; and a minimum B-10 enrichment of 50 atom percent.

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.

The Commission has made a proposed determination that the amendment request involves no significant hazards consideration. Under the Commission's ,

1 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.

I The licensee has reviewed the attached changes pursuant to 10 CFR 50.59 i

and has determined that they do not constitute an unreviewed safety question, The probability of occurrence er the consequences of an accident or malfunction of equipment important to safety (i.e. , safety-related) previously evaluated in the Final Safety Analysis Report has not been increased. The possibility for an accident or malfunction of a different type than any evaluated previously in the Final Safety Analysis Report has not been created. There has not been a reduction in the margin of safety as defined in the bases for any Technical Specification. These proposed changes will improve the performance of the standby liquid control system and, hence, will provide an increased margin of

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Revised minimum values for the pump flow rate, solution concentration, 4

safety.

B-10 enrichment, and the solution volume will maintain the current basis for the SLCS, which is to bring the reactor from full power to a cold, xenon-free shutdown, assuming none of the control rods can be inserted.

The licensee has reviewed tha proposed changes in accordance with 10 CFR 50.92 and has concluded that they do not involve a significant hazards con- ,

sideration in that these changes would not:

1. Involve a significant increase in the probability or consequences of an accident previously analyzed. The standby liquid control system is not credited in any of the design basis accident analyses and, as such, it is considered to provide only an additional mitigative feature in the event of an accident.

2. Create the possibility of a new or different kind of accident from any previously analyzed. The proposed changes do not introduce any new failure modes.

3. Involve a significant reduction in an margin of safety. Upgrading the functional capabilities of the standby liquid control system increases the margin of safety.

The Commission has provided guidance concerning the application of standards in 10 CFR 50.92 by providing certain examples (51 FR 7751, March 6, 1986). The changes proposed herein most closely resemble example (ii), a change that constitutes an additional limitation, restriction, or control not presently included in the Technical Specifications, in that stricter operating requirements and surveillance procedures reflect additional conservatism.

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The Commission is seeking public comments on this proposed determination. I Any comments received within~30 days after the date of publicati.on 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.

Written comments may be submitted by mail to the Rules and Procedures Branch, Division of Rules and Records, Office of Administration, U. S.

Nuclear Regulatory Commission, Washington, D.C. 20555. Written comments may also be delivered to Room 4000, Maryland National Bank Building, 7735 Old i

Georgetown Road, Bethesda, Maryland from 8:15 a.m. to 5:00 p.m. Copies of I written comments received may be examined at the NRC Public Document Room, 1717 H Street NW, Washington, D.C. The filing of requests for hearing and petitions for leave to intervene is discussed below. l l

l By August 3,1987, 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 1

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" 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.

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l 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 The how that interest may be affected by the results of the proceeding.

petition should specifically explain the reasons why intervention should be permitted with particular reference to the following factors: (1) the nature '

l l of the petitioner's right under the Act to be made a party to the proceeding; l

(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 j l

should also identify the specific aspect (s) of the subject matter of the l Any person who has proceeding as to which petitioner wishes to intervene.

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 proceed- l l

ing, but such an amended petition must satisfy the specificity requirements i

described above.

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' Not later than fifteen (15) days prior to the first prehearing conference scheduled in the proceeding, a petitioner shall file a supplement to the i

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 permitted to participate as a party.

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7590-01 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 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 significant hazards consideration, the Commission may issue the amendment and make it effective, notwithstanding the request for a hearing. Any hearing l held would take place after issuance of the amendment. ,

If the final determination is that the amendment involves a significant hazards consideration, 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 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 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.

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I 7590-01 I' A request for a hearing or a petition for leave to intervene must be filed with the Secretary of the Cotuission, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555, Attention: Docketing and Service Branch, or nay be delivered to the Counission'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 promptly so inform the Commission by a toll-free telephone call to Western l The Western Union Union at (800) 325-6000 (in Missouri (800) 342-6700).

I operator should be given Datagram Identification Number 3737 and the l following message addressed to Cecil 0. Thomas, Director, Integrated Safety Assessment Project Directorate, Division of Reactor Projects-III, IV, V l

and Special Projects: petitioner's name and telephone number; date petition l was mailed; plant name; and publication date and page number of this FEDERAL f REGISTER notice. A copy of the petition should also be sent to the Office of l the General Counsel - Bethesda, U. S. Nuclear Regulatory Commission, Washington, D.C. 20555, and to Gerald Garfield, Esquire, Day, Berry & Howard Counselors at Law, City Place, Hartford, Connecticut 06103, 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 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 factors specified in 10 CFR 2.714(a)(1)(1)-(v) and 2.714(d).

7590-01

.g For further details with respect to this action, see the application for amendment which is available 7w public inspection at the Commiuf on's Public Document Room,1717 H Street, N.W. , Washington, D.C. , and at t he Waterford Public Library, 49 Rope Ferry Road, Waterford, Connecticut 06385. i Dated at Bethesda, Maryland, this 30th day of June 1987.

FOR THE NUCLEAR REGULATORY C0tiMISSION 1

(:Laf O. 0$sm-er-Cecil 0. Thomas, Director Integrated Safety Assessment Project Directorate Division of Reactor. Projects-III, IV, V and Special Projects 1

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