[Federal Register Volume 59, Number 173 (Thursday, September 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22088]
[[Page Unknown]]
[Federal Register: September 8, 1994]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-275 and 50-323]
Pacific Gas and Electric Co; 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 Nos.
DPR-80 and DPR-82, issued to Pacific Gas and Electric Company (the
licensee), for operation of the Diablo Canyon Power Plant, Unit Nos. 1
and 2 located in San Luis Obispo County, California.
The proposed amendment would revise the combined Technical
Specifications (TS) for the Diablo Canyon Power Plant (DCPP) Unit Nos.
1 and 2 to specify an alternate method of determining water and
sediment content for new diesel fuel oil as specified in TS 3/4.8.1.1,
``A.C. Sources--Operating.'' The specific TS changes proposed are as
follows:
TS 4.8.1.1.3c.1(d) would be revised to allow new fuel oil to be
tested using a ``clear and bright'' test or a quantitative test that
verifies a water and sediment content less than or equal to 0.05 volume
percent when tested in accordance with ASTM D1796-83.
DCPP currently uses undyed number 2 diesel fuel oil that contains
intermediate levels of sulfur and aromatics. Recently, the local fuel
supplier unexpectedly discontinued production of this fuel oil. This
fuel may be available from other suppliers outside of the State of
California, however, its availability cannot be assured. Based on
current emergency diesel generator (EDG) testing schedules, it is
expected that fuel oil will need to be added to the main fuel oil
storage tanks by approximately October 1, 1994, to meet minimum storage
requirements.
Environmental Protection Agency and Internal Revenue Service
regulations require fuel not intended for use in motor vehicles to be
dyed. The two reliable fuels that could be used at DCPP are: (1) dyed
number 2 diesel fuel oil; or (2) undyed California Air Resources Board
(CARB) number 2 diesel fuel oil intended for use in motor vehicles. The
licensee is still evaluating the acceptability of using CARB fuel. The
licensee's evaluation of the dyed fuel concludes it is acceptable for
use in the EDGs. Consequently, the licensee desires to have the option
of using dyed fuel.
TS 4.8.1.1.3c.1(d) currently requires that new diesel fuel oil have
a ``clear and bright appearance with proper color'' when tested in
accordance with ASTM D4176-82. The ASTM D4176-82 ``clear and bright''
test is a qualitative test for evaluating water and sediment content.
TS 4.8.1.1.3c.1(d) is required to be changed to allow the use of dyed
fuel. This proposed amendment would change this requirement to also
allow the use of a quantitative measurement of water and sediment
content in accordance with ASTM D1796-83.
Therefore, pursuant to 10 CFR 50.90 and 50.91(a)(6), the licensee
requests that the license amendment be reviewed on an exigent basis to
allow the use of dyed number 2 diesel fuel oil.
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.
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 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 alternate acceptance criteria and test methodology
provide the same level of assurance that fuel oil with water or
sediment in excess of the limits for number 2 diesel fuel oil will not
be added to the EDG main fuel oil storage tanks.
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 is administrative in nature and does not
involve any physical alteration to any plant system or change the
method by which any safety-related system performs its function.
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 alternate acceptance criteria and test methodology
provide the same level of assurance that fuel oil with water or
sediment in excess of the limits for number 2 diesel fuel oil will not
be added to the EDG main fuel oil storage tanks.
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 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, 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. 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 October 7, 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 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 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 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 of 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.
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: 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 August 29, 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 2nd day of September 1994.
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. 94-22088 Filed 9-7-94; 8:45 am]
BILLING CODE 7590-01-M
