[Federal Register Volume 59, Number 40 (Tuesday, March 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4557]
[[Page Unknown]]
[Federal Register: March 1, 1994]
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NUCLEAR REGULATORY COMMISSION
Pacific Gas & Electric Co.; Notice of Consideration of Issuance
of Amendment to Facility Operating License, Proposed No Significant
Hazards Consideration Determination, and Opportunity for Hearing
[Docket No. 50-275 and 50-323]
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 & 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) for the Diablo Canyon Power Plant Unit Nos. 1 and 2
to revise TS 3/4.3.2, ``Engineered Safety Feature Actuation System
Instrumentation,'' as follows:
(1) Table 3.3-3, functional unit 6.c.2), channels to trip, would be
changed from 2/steam generator in one steam generator to 2/steam
generator in any 2 steam generators.
(2) Table 3.3-4 would be changed as follows:
a. Functional Unit 4.e., Negative Steam Pressure Rate--High, trip
setpoint and allowable value, would be changed from -100 psi/sec and
-105.4 psi/sec to 100 psi and 105.4 psi, respectively.
b. A note would be added stating that the time constants utilized
in the rate-lag controller for Negative Steam Pressure Rate--High, are
equal to 50 seconds.
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?
The proposed change to the Start Turbine-Driven Pump, function is
administrative in nature and does not involve any modifications to any
plant equipment or affect plant operation.
The Negative Steam Pressure Rate--High, function is not involved in
any accident initiation sequences.
Although the safety function of the Negative Steam Pressure Rate--
High, function is to protect against a steam line break (SLB) below P-
11 [pressurizer pressure low (P-11) setpoint], the consequences of a
SLB are more limiting at higher pressures and, therefore, SLB is
analyzed at the more limiting reactor coolant system (RCS) conditions.
The proposed change more adequately defines the trip setpoint and
allowable value to be consistent with the original intent of [license
amendment request] LAR 92-05 and actual plant practice. This clarifying
change does not involve a change to the actual values or the manner in
which they are used.
Therefore, the proposed change does 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 proposed change to the Start Turbine-Driven Pump, function is
administrative in nature, does not involve any physical alterations to
any plant equipment, and causes no change in the method by which any
safety-related system performs its function.
The Negative Steam Pressure Rate--High, function is not involved in
any accident initiation sequences. No new operating configuration is
being imposed by the Negative Steam Pressure Rate--High, function that
would create a new failure scenario. In addition, no new failure modes
are being created for any plant equipment.
Therefore, the proposed change does 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?
The proposed change to the Start Turbine-Driven Pump, function
corrects an administrative error in Table 3.3-3 and does not effect any
safety analysis.
The proposed change to the Negative Steam Pressure Rate--High,
function does not involve any changes to the actual values or the
manner in which they are used. There is no impact of the proposed
change on any safety analysis assumption.
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 thirty (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 and
Directives Review 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 March 31, 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 E. 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, 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 fifteen (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 fifteen (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 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 Union at
1-(800) 248-5100 (in Missouri 1-(800) 342-6700). The Western Union
operator should be given Datagram Identification Number 3737 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 February 17, 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 23rd day of February 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. 94-4557 Filed 2-28-94; 8:45 am]
BILLING CODE 7590-01-M
