[Federal Register Volume 61, Number 177 (Wednesday, September 11, 1996)]
[Notices]
[Pages 47962-47963]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23194]
[[Page 47962]]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. STN 50-528, STN 50-529, and STN 50-530]
Arizona Public Service Company; Notice of 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.
NPF-41, NPF-51, and NPF-74 issued to Arizona Public Service Company
(the licensee) for operation of the Palo Verde Nuclear Generating
Station, Units 1, 2, and 3, located in Maricopa County, Arizona.
The proposed amendment would modify the technical specifications
(TS) to increase the minimum required amount of anhydrous trisodium
phosphate (TSP) in the containment baskets. TSP is used to ensure that,
following a postulated design basis loss of coolant accident (LOCA),
the containment sump pH is maintained greater than or equal to 7.
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. The NRC staff's
analysis is presented below.
1. The proposed change does not involve a significant increase in
the probability or consequences of an accident previously evaluated.
The proposed amendment does not involve any change to the method of
operation of any plant equipment or modify any plant equipment. The
proposed amendment only affects a passive component that mitigates the
consequences of a design basis LOCA, and does not affect the event
initiation scenarios for accidents previously evaluated. Furthermore,
the proposed amendment ensures that the correct volumes and mass of
anhydrous TSP are used such that the post-LOCA emergency core cooling
system (ECCS) solution is maintained at a pH above 7, which is the
current basis for use of TSP. This basis maintains the existing
analysis of consequences, which is that maintaining the ECCS solution
above a pH of 7 ensures that the radiological consequences are
minimized by preventing significant amounts of iodine released from
fuel failures, and subsequently dissolved in the recirculating water,
from converting to a volatile form and evolving into the containment
atmosphere. Therefore, the proposed amendments do not involve a
significant increase in the probability or consequences of an accident.
2. The proposed change does not create the possibility of a new or
different kind of accident from any accident previously evaluated.
The proposed amendment does not modify the plants' configuration,
involve any change to plant equipment, or change the method of plant
operation. The proposed amendment does not affect any equipments that
are currently assumed as accident initiators. The proposed amendment
only increases the amount of TSP, which is a passive component used to
mitigate the consequences of an accident, thus no new failure modes are
introduced by the proposed amendment. Therefore, the proposed amendment
does not create the possibility of a new or different kind of accident
from any accident previously evaluated.
3. The proposed change does not involve a significant reduction in
a margin of safety.
The current margin of safety is defined by assuring that the ECCS
circulating water is maintained above a pH of 7 following a LOCA. The
proposed change continues to ensure this condition, therefore, the
proposed amendment does not involve a significant reduction in a margin
of safety.
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 Chief, Rules
Review and Directives Branch, Division of Freedom of Information and
Publications Services, Office of Administration, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, 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.
The filing of requests for hearing and petitions for leave to
intervene is discussed below.
By ____________, 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, and at the local public
document room located at the Phoenix Public Library, 1221 N. Central
Avenue, 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
[[Page 47963]]
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 20555-0001, 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 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 William H. Bateman, 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 20555-0001, 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 June 28, 1996, which is available for
public inspection at the Commission's Public Document Room, the Gelman
Building, 2120 L Street, NW., Washington, DC, and at the local public
document room located at the Phoenix Public Library, 1221 N. Central
Avenue, Phoenix, Arizona 85004.
Dated at Rockville, Maryland, this 6th day of September 1996.
For the Nuclear Regulatory Commission
James W. Clifford,
Senior Project Manager, Project Directorate IV-2, Division of Reactor
Projects III/IV, Office of Nuclear Reactor Regulation.
[FR Doc. 96-23194 Filed 9-10-96; 8:45 am]
BILLING CODE 7590-01-P
