94-16942. Arizona Public Service Company; Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing  

  • [Federal Register Volume 59, Number 133 (Wednesday, July 13, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-16942]
    
    
    [[Page Unknown]]
    
    [Federal Register: July 13, 1994]
    
    
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    NUCLEAR REGULATORY COMMISSION
    
    [Docket No. STN 50-529]
    
     
    
    Arizona Public Service Company; Consideration of Issuance of 
    Amendment 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 No. 
    NPF-51 issued to Arizona Public Service Company (the licensee) for 
    operation of the Palo Verde Nuclear Generating Station, Unit 2 located 
    in Maricopa County, Arizona.
        The proposed amendment would modify Technical Specification Figure 
    3.2-1, Reactor Coolant Cold Leg Temperature Vs. Core Power Level. 
    Specifically, the minimum cold leg temperature for core power levels 
    between 90 percent and 100 percent would be changed to 552 deg.F, 
    (which is a reduction of 10 deg.F from the previous TS requirement). 
    This TS change permits reactor operation at full power with a lower 
    reactor coolant temperature to minimize potential steam generator tube 
    degradation.
        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. The proposed change does not involve a significant increase in 
    the probability or consequences of an accident previously evaluated.
        This amendment does not involve a significant increase in the 
    probability or consequences of an accident previously evaluated. Peak 
    pressure events were reanalyzed and LOCA events were partially 
    reanalyzed, and these reanalyses confirmed that the existing safety 
    analysis for cycle 5 for PVNGS Unit 2 remains valid for a 10 deg.F 
    reduction in RCS temperature. The Unit 2 LOCA and non-LOCA reanalyses 
    were performed to account for additional steam generator tube plugging 
    (1100 total plugged tubes with no restriction on the number of plugged 
    tubes in each steam generator for LOCA analysis, and 2000 total plugged 
    tubes with a maximum of 1000 plugged tubes in each steam generator for 
    non-LOCA analysis).
        2. The proposed change does not create the possibility of a new or 
    different kind of accident from any other previously evaluated.
        This amendment does not create the possibility of a new or 
    different kind of accident from any accident previously evaluated. The 
    reanalyses performed demonstrated that the current licensing basis 
    analyses results remain valid with a 10 deg.F reduction in RCS 
    temperature, and that the safety system settings remain unchanged.
        3. The proposed changes do not involve a significant reduction in a 
    margin of safety.
        This amendment request will not involve a significant reduction in 
    a margin of safety. There is no reduction in the margin of safety since 
    the changes apply only to the reactor coolant cold leg temperature, the 
    safety analyses have been reevaluated (and reperformed where necessary) 
    using the new temperature, and the results remain valid. All other 
    safety limits and safety system settings remain unchanged; therefore, 
    there is no reduction in any 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 6D22, Two White Flint North, 11545 Rockville Pike, 
    Rockville, 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 August 12, 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 the Phoenix Public Library, 12 East 
    McDowell Road, Phoenix, Arizona 85004. 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 on 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 IV-2: 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 Nancy C. Loftin, Esq., Corporate Secretary 
    and Counsel, Arizona Public Service Company, P.O. Box 53999, Mail 
    Station 9068, Phoenix, Arizona 85072-3999, 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 July 1, 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 the Phoenix Public Library, 12 East 
    McDowell Road, Phoenix, Arizona 85004.
    
        Dated at Rockville, Maryland, this 7th day of July 1994.
    
        For the Nuclear Regulatory Commission.
    Linh N. Tran,
    Project Manager, Project Directorate IV-2, Division of Reactor Projects 
    III/IV, Office of Nuclear Reactor Regulation.
    [FR Doc. 94-16942 Filed 7-12-94; 8:45 am]
    BILLING CODE 7590-01-M
    
    
    

Document Information

Published:
07/13/1994
Department:
Nuclear Regulatory Commission
Entry Type:
Uncategorized Document
Document Number:
94-16942
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: July 13, 1994, Docket No. STN 50-529