[Federal Register Volume 59, Number 19 (Friday, January 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1954]
[Federal Register: January 28, 1994]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-275 and 50-323]
Pacific Gas and Electric Co.; Consideration of Issuance of
Amendments to Facility Operating Licenses, Proposed No Significant
Hazards Consideration Determination, and Opportunity for a Hearing
The U.S. Nuclear Regulatory Commission (the Commission) is
considering issuance of amendments to Facility Operating License Nos.
DPR-80 and DPR-82 issued to Pacific Gas and Electric Company (the
licensee) for operation of the Diablo Canyon Nuclear Power Plant
located in San Luis Obispo County, California.
The proposed amendments would revise the combined Technical
Specifications (TS) 3/4.32, ``Engineered Safety Features Actuation
System Instrumentation,'' and TS 3/4.6.2.3. ``Containment Cooling
System.'' TS 3/4.3.2, Table 3.3-3, ``Engineered Safety Features
Actuation System Instrumentation Surveillance Requirements,'' would be
revised to clarify acceptable containment fan cooling unit (CFCU)
configurations that satisfy the safety analysis requirements and to
clarify the minimum required component cooling water flow supplied to
the CFCU cooling coils. The specific TS changes proposed are as
follows:
(1) TS 3.3.2, Table 3.3-3 and Table 4.3-2, Functional Units 2.c.
and 3.b.3), would be revised to expand the mode applicability to Mode
4.
(2) TS 3.6.2.3 would be revised to require that at least four
containment fan cooling units (CFCUs), or three CFCUs, each supplied by
a separate vital bus, be operable.
(3) TS 3.6.2.3, action statement a., would be revised to clarify
the equipment required to be operable when in the action statement.
(4) TS 3.6.2.3, action statement b., would be deleted.
(5) TS 3.6.2.3, action statement c., would be renumbered to action
statement b. and revised to clarify the equipment required to be
operable when in the action statement.
(6) TS 4.6.2.3.a.2) would be revised to clarify the minimum
component cooling water (CCW) flow to the CFCUs as 1650 gpm during
normal operation which will assure that the required accident flow is
satisfied.
(7) A footnote would be added to the surveillance requirement of TS
4.6.2.3.a.2) allowing all CFCUs to have flow CCW flow for ASME Section
XI testing and Mode 4 operation with the residual heat removal (RHR)
heat exchangers in service for decay heat removal.
(8) TS 4.6.2.3.a.3) would be revised to remove cycle specific
information that is no longer applicable.
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 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. As
required by 10 CFR 50.91(a), the licensee has provided its analysis of
the issue of 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?
Neither the [component cooling water] CCW system nor the
containment pressure high-high signal initiate any accident, and
therefore, do not affect the probability of an accident occurring.
Addition of Mode 4 to the applicability of the containment high-
high pressure signal provides assurance that the containment spray
system will automatically actuate and the CCW nonvital header will
automatically isolate is response to the high containment pressure.
Deletion of action statement b. of TS 3.6.2.3 is conservative since
it assures that adequate containment heat removal is available and
assures that the assumptions of the bounding Mode 1 containment [design
basis accident] DBA are satisfied.
Revising the CCW flow rates to the CFCUs clarifies the expected CCW
flow rates during normal operation. Operation within the flow
requirements assures that adequate flow will be available to the CFCUs
to satisfy the assumptions in the containment DBA in [final safety
analysis report] FSAR Section 6.2B.3.
PG&E analysis has determined that with three CFCUs available for
containment heat removal , adequate CCW flow will be available with
both [residual heat removal] RHR heat exchangers in service to provide
assurance that the maximum design pressure of containment is not
exceeded, assuming a single failure does not occur.
The revisions to clarify CFCU configurations that satisfy the
[limiting condition for operation] LCO and action statements and the
removal of cycle specific information from the containment cooling TS
are administrative changes that do not affect the operating methodology
of Diablo Canyon.
Therefore, the proposed changes do not involve a significant
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?
The revision to the minimum CCW flow requirement to the CFCU
cooling coils updates a requirement currently in the TS. The new flow
requirement assures that the maximum containment design pressure will
not be exceeded during a DBA and assures that the CCW system is not
overheated. The changes do not result in any physical modification to
any plant system.
The revisions to clarify CFCU configurations that satisfy the LCO
and action statements and the removal of cycle specific information
from the containment cooling TS are administrative changes that do not
affect the operating methodology of Diablo Canyon.
Therefore, the proposed changes do not create the possibility of a
new or different kind of accident from any accident previously
evaluated.
(3) Does the change involve a significant reduction in a margin of
safety?
Revising the CCW flow rates to the CFCUs clarifies the expected CCW
flow rates during normal operation that satisfy the assumptions in the
containment design basis accident described in FSAR Update Section
6.2B.3. The revision is an administrative change that clarifies the
intent of the TS.
PG&E analysis has determined that with three CFCUs available for
containment heat removal, adequate CCW flow will be available with both
RHR heat exchangers in service to provide assurance that the maximum
design pressure of containment is not exceeded, assuming a single
failure does not occur.
The revisions to clarify CFCU configurations that satisfy the LCO
and action statements and the removal of cycle specific information
from the containment cooling TS are administrative changes that do not
affect the operating methodology of Diablo Canyon.
Therefore the proposed change does not involve a significant
reduction in a 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 CFR 50.92(c) are
satisfied. Therefore, the NRC staff proposes to 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
Register 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 Rules Review and
Directives Branch, Division of Freedom of Information and Publications
Services, Office of Administration, U.S. Nuclear Regulatory Commission,
Washington, DC 20555, and should cite the publication date and page
number of this Federal Register notice. Written comments may also be
delivered to room P-223, Phillips Building, 7920 Norfolk Avenue,
Bethesda, 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
20555.
The filing of requests for hearing and petitions for leave to
intervene is discussed below.
By February 28, 1994, 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 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 and a petition 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 20555 and at the local
public document room located at California Polytechnic State
University, Robert F. Kennedy Library, Government Documents and Maps
Department, San Luis Obispo, California 93407. 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.
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 permitted with particular reference to the
following factors: (1) The nature of the petitioner's right under the
Act to be made 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 may amend the petition without requesting leave of
the Board up to 15 days prior to the first prehearing conference
scheduled in the proceeding, but such an amended petition must satisfy
the specificity requirements described above.
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 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 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 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 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.
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 20555, 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 Western 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 Theodore R. Quay, Director, Project
Directorate V: 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 Office of the General Counsel, U.S. Nuclear Regulatory Commission,
Washington, DC 20555, and to Christopher J. Warner, Esq., Pacific Gas
and Electric Company, P.O. Box 7442, San Francisco, California 94120,
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 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 January 10, 1994, which is available
for public inspection at the Commission's Public Document Room, the
Gelman Building, 2120 L Street, NW., Washington, DC 20555 and at the
local public document room located at California Polytechnic State
University, Robert E. Kennedy Library, Government Documents and Maps
Department, San Luis Obispo, California 93407.
Dated at Rockville, Maryland, this 25th day of January 1994.
For the Nuclear Regulatory Commission.
Sheri R. Peterson,
Project Manager, Project Directorate V, Division of Reactor Projects
III/IV/V, Office of Nuclear Reactor Regulation.
[FR Doc. 94-1954 Filed 1-27-94; 8:45 am]
BILLING CODE 7590-01-M
