ML20094A548

Notice of Consideration of Issuance of Amends to Licenses DPR-24 & DPR-27 & Proposed NSHC Determination & Opportunity for Hearing.Amends Would Revise TS 15.1, Definition, Bases for TS 15.3.1.G, Operational Limitations, & TS 15.2.1-2

ML20094A548
Person / Time
Site:	Point Beach
Issue date:	10/19/1995
From:	Hansen A NRC (Affiliation Not Assigned)
To:
Shared Package
ML20094A553	List: ML20094A548
References
NUDOCS 9510310089
Download: ML20094A548 (8)

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690-01 UNITED STATES NUCLEAR REGULATORY COMISSION WISCONSIN ELECTRIC POWER COMPANY DOCKET NOS. 50-266 AND 50-301 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDNENT TO FACILITY OPERATING LICENSE. PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION. AND OPPORTUNITY FOR A HEARING The U.S. Nuclear Regulatory Commission (the Commission) is considering issuance of an amendment to Facility Operating License Nos. DPR-24 and DPR-27, issued to Wisconsin Electric Power Company (the licensee), for operation of the Point Beach Nuclear Plant, Units I and 2, located in the Town of Two Creeks, Manitowoc County, Wisconsin.

The proposed amendments would revise Technical Specification (TS)

Section 15.1, " Definitions," the basis for TS Section 15.3.1.G, " Operational 4

j Limitations," and TS Figure 15.2.1-2, " Reactor Core Safety Limits, Point Beach l

Unit 2."

The proposed changes would reduce the reactor coolant system raw f

j measured total flow rate limit and reflect new reactor core safety limits for Unit 2.

The licensee stated that these changes may be required to support full power operation of Unit 2 following its annual outage, which has already begun. The licensee further stated that the submittal was timely, based on the circumstances (a vendor analysis was required), and that the exigency could not have been avoided. The staff agrees with this conclusion.

Before issuance of the proposed license amendment, the Commission will have made findings required by the Atomic Energy Act of 1954, as amended (the l

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Act) and the Commission's regulations.

Pursuant to 10 CFR 50.91(a)(6) for amendments to be granted under exigent circumstances, the NRC staff must determine that the amendment request 1

l involves no significant hazards consideration. Under the Commission'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 i

increase in the probability or consequences of an accident previously F

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. As required by 10 CFR 50.91(a), the licensee i

has provided its analysis of the issue of no significant hazards i

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consideration, which is presented below:

1.

Operation of this facility under the proposed Technical Specifications will not create a significant increase in the j

probability or consequences of an accident previously evaluated.

l This proposed change reduces the Unit 2 Reactor Coolant System [RCS]

raw measured total flow rate limit by 4500 gpm.

Evaluations performed by Westinghouse and Wisconsin Electric have determined l

that all safety analysis and regulatory requirements are still met i

at the reduced flow rate limit without exceeding acceptable limits.

l A reduction of the RCS flow limit does not affect any parameters that could affect the probability of an accident. Therefore, there is no increase in the probability or consequences of an accident previously evaluated.

i 2.

Operation of this facility under the proposed Technical Specifications change will not create the possibility of a new or different kind of accident from any accident previously evaluated.

i This proposed change reduces the Unit 2 Reactor Coolant System raw i

measured total flow rate limit by 4500 gpa.

Evaluations performed by Westinghouse and Wisconsin Electric have determined that all the safety analysis requirements are still met at the reduced flow rate limit. There is no physical change to the facility, its systems, or j

its operation. Thus, a new or different kind of accident cannot occur.

j 3.

Operation of this facility under the proposed Technical

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. Specifications change will not create a significant reduction in a margin of safety.

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This proposed change reduces the Unit 2 Reactor Coolant System raw measured total flow rate limit by 4500 gps.

Evaluations performed by the Westinghouse and Wisconsin Electric have determined that all the safety analysis and regulatory requirements are still met at the i

reduced flow rate limit. The current Revised Thermal Design Procedure (RTDP) DN8R [ departure from nucleate boiling ratio] limit of 1.33 remains valid for the reduced flow conditions.

The most DN8 [ departure from nucleate boiling]-limiting, non-LOCA l

[ loss-of-coolant accident] accidents were reanalyzed to demonstrate this limit remains satisfied for the reduction in RCS flow. The modifications to power level and core safety limits figure for P8NP Unit 2 prevent the possibility of exceeding the core safety limits.

Therefore, this reduction in RCS total flow rate limit does not reduce any existing margin of safety.

The NRC staff has reviewed the licensee's analysis and, based on this review, it appears that the three standards of 10 rFR 50.92(c) are satisfied.

Therefore, the NRC staff proposes to determine that the amendment request involves no significant hazards consideration.

1 The Commission is seeking public comments 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.

Normally, the Commission will not issue the amendment until the expiration of the 15-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 15-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 REGISTER a notice of issuance.

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Comints's' ion expects that the needito.take this action will occur very L

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Written comments may be submitted by mail to the Rules Review and Directives Branch, DNision'of Free' om of Information and Publications d

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,g Services, Office of, Administration, U.S. Nuclear Regulatory Commission, t. ><

Washington, DC 20555, and should cite the publication date and page number of I'

this FEDERAL REGISTER notice. Written comments may also be delivered to Room 6022, Two White Flint North,11545 Rockville Pike, Rockville, Maryland, from f

7:30 a.m. to 4:15 p.m. Federal workdays. Copies of written comments received j:

'may be examined at the NRC Public Document Room, the Gelman Building, 2120 L i

Street, NW., Washington, DC.

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-The filing of requests for hearing and petitions for leave to intervene i

is discussed below.

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By November 8,1995, the licensee may file a request for a hearing with respect to issuance of the amendment to the subject facility operating license

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and any person whose interest may be affected by this proceeding and who l

wishes to participate as a party in the proceeding must file a written request for a hearing and a petition for leave to intervene. Requests for a hearing i

and a petition for leave to intervene shall be filed in accordance with the j

Commission's " Rules ~of Practice for Domestic Licensing Proceedings" in in CFR Part 2.

Interest'ed persons should consult a current copy of 10 CFR 2.714 which is available at the Commission's Public Document Room, the Gelman Buildingi 2120 L Street, NW., Washington, DC, and at the local public document A.

room located atsthe Joseph P. Mann Library,1516 Sixteenth Street, Two Rivers,

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Wisconsin.) If'a' request for a'hearini or petition for leave to intervene is j

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flied.by?the above_date, the Commission or an Atomic Safety and Licensing 3

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1 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 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 intervention should be 1

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 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 I

may amend the petition without requesting leave of the Board up to 15 days i

prior to the first prehearing conference scheduled in the proceeding, but such l

an amended petition must satisfy the specificity requirements described above.

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 l

and a concise statement of the alleged facts or expert opinion which support

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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 petitioner 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 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 the 30-day hearing period, the Commission 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.

If the final determination is that the amendment request involves no significant 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.

If the final determination is that the amendment request involves a significant hazards consideration, any hearing held would take place before the issuance of any amendment.

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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, Attention: Docketing and Services Branch, or may be delivered to the Commission's Public Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC, by the above date. Where petitions are filed during the last 10 days of the notice period, it is requested that the petitioner promptly so inform the Commission by a toll-free telephone call to liestern Union at 1-(800) 248-5100 (in Missouri 1-(800) 342-6700). The Western Union operator should be given Datagram Identification Number N1023 and the following message addressed to Dr. Gail H. Marcus, Director, Project Directorate PDIII-3: 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 I

the Office of the General Counsel, U.S. Nuclear Regulatory Commission, l

Washington, DC 20555, and to Gerald Charnoff, Esq., Shaw, Pittman, Potts, and Trowbridge, 2300 N Street, NW., Washington, DC 20037, attorney for the l

j 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 l

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)(1)-(v) and 2.714(d).

For further details with respect to this action, see the application for amendment dated September 13, 1995, as supplemented by letter dated October 19, 1995, which are available for public inspection at the l

Commission's Public Document Room, the Gelman Building, 2120 L Street, NW.,

Washington, DC, and at the local public document room, located at the Joseph P. Mann Library, 1516 Sixteenth Street Two Rivers, Wisconsin.

Dated at Rockville, Maryland, this 19th day of October 1995.

FOR THE NUCLEAR REGULATORY CamilSSION fhv Allen G. Hansen, Project Manager Project Directorate III-3 Division of Reactor Projects - III/IV Office of Nuclear Reactor Regulation i

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