ML20006C495
| ML20006C495 | |
| Person / Time | |
|---|---|
| Site: | Turkey Point  |
| Issue date: | 01/22/1990 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Cotter B Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20006C496 | List: |
| References | |
| CON-#190-9755 OLA-5, NUDOCS 9002080126 | |
| Download: ML20006C495 (3) | |
Text
.
N'7TI 'IIIMU G
[
/' p 4 UNITED STATES PDL%Vfilf4, j
f NUCLEAR REGULATORY COMMISSION'
{
W ASHIN GToN, D.C. 20656 00CKC ED '
- ...+f jpg39 W i
i CFFICE OF THE -
SECRETARY
~"
QFF)HEllNGp.S[pwc[CE OF
'MEMORAMDUM FOR:
B.
Paul Cotter, Jr.
v0(,
L Chief Administrative Judge 3
Atomic Safety and Licensi Board Panel
)
h FROM:
Samuel J. Chilk, Secretar; 7
SUBJECT:
REQUEST FOR HEARING AND PFT3 l' ION FOR LEAVE l
TO INTERVENE WITH RESPECTf TCl A PROPOSED
-1 LICENSE AMENDMENT FOR TURKEY POINT, j
i UNITS 3 & 4 j
Attached is the request for a hearing submitted'by Thomas J.
j Saporito, Jr. on his own behalf and on behalf of the Nuclear i
Energy Accountability Project. The request has been submitted pursuant to a Commission notice of consideration of an amendment to the operating license lof Florida. Power & Light Company.for the i
operation of Turkey Point, Units 3'& 4, published in the Federal Register at 54 Fed. Reg. 50295 (copy of notice attached).
The hearing request and related documents are being referred to you' for appropriate action in accordance with 10 C.F.R. 2.772 (j).
Attachments: As stated cc:
Commission Legal Assistants OGC EDO ASLAP NRR
-Thomas J. Saporito, Jr.
Executive Director, NEAP Steven F.
Frantz, Esquire Counsel for Licensee i
i i
i lr L
i i
9002080126 900122 PDR ADOCK 05000250 G
PDR j
.,\\
3
+
Federal Register / Vct 54, No. 232 / Tuesday, December 5,1989 / Nstices 80295 leave tointervene or who has been application for amendment dated June 5 ' admitted as a party may amend the l f. (Decket Nos. 80 390 and to-esti and November 3,1980, which is
[
Morkla Power and Ught C04
. available in the Local Public Document petition without requesting leave of the
]
Conalderation of lasuance of Room and the Commission's Public
, noard up to fifteen (15) days prior to the Amendments to Facility Operating Documut Roma, first pre hearing conference scheduled
{
Uconses and Opportunity for Heartng Prior to issuance of the proposed in the pmceeding, but such an amended license amendments, the Commission petition must satisfy the speciBetty j
%e U.S. Nuclear Regulatory will have made the findings required by requirements described above, l
q Commission (the Commission)is the Atomic Energy Act of1954, as Not later than fifteen (15) days prior to consideringissuance of amendments to amended (the Act) and the the first prehearing conference
)
Facility Opersung Ucenses No. DPR-41 Commission's regulations.
scheduled in the proceeding, a petitioner 1
l and DPR-41, issued to Florida Power By January 4,1990, the licensee may shall file a supplement to "he petition to l
1 g
and Ught Company (FPl. the licensee),
file a request for a hearing with mapect intervone which must include a list of I
t for operation of the Turkey Point to issuance of the amendments to the the contentions which are sought to be Nuclear power Plant Units 3 and 4, subject facility operating licenses and litigated in the matter. Each contention any person whose interest may be must consist of a specific statement of located in Dade County, Florida, j
De amendments, requested by the affected by this proceeding and who the twue oflaw or fact to be raised or licensee by letter of June 5,1900, as wishes to participate as a party in the controverted. In addition, the petition I
supplemented November 3, toes, would Proceeding must file a written request shall provide a brief explanation of the i
for a hearing and a petition for leave to bases of the contention and a concise j
replace the current custom Technical latervene. Requests for a hearing and statement of the alleged facts or expert licensed in the early Specifications (TS)W based on the Petitions for leave to intervene shall be opinion wh!ch support the contention r
[-
1970's with a set of filed in accordance with the and on which the petitioner intends to Westinghouse Standard Technical Specifications (STS).This is compatible Commission s Rules of Practice,,for rely in proving the contention at the Domestic Ucensing Proceedingo in 10 hearing.The petitioner must also with the NRC and industry initiauve to o
CFR art 2. Interested persons should provide references to those specific standardin and improve TS.
e urces and documents of which the
" "g'ch lable o the mmi lo ne changes in the TS can be grouped wj into 4 categories: non. technical changes. Public Document Room the Celman met s to ply 2 nt bh more stringent requirements, relocation Building,2120 L Street, NW'st the Imcalthose facts or expert opinion. Petitioner F
of selected requirements to other Washington, DC 20555 and o existi req tre e ts En
[an!$ b n A airs ho a a genuin s
sts th the applicant on a materialissue oflaw Non. technical changes are intended to Ubrary, Florida International or fad. Conkndone shah be umikd 2 T
make the'Ili easier to use for plant University, Miami, Florida,33190.1f a S
Mo string at requirements are either $ey","to inte k[by
"'I conunda must be one which,"if proven, ea ove more conservative than corresponding date, the Commission or an Atomic would entitle the titioner to relief. A i
requirements in the current TS, or are Safety and ucensing Board, designated petitioner who fa e to file such a r
7-l additional restricticos which are not in b the Commission or by the Chairman the current TS.The more stringent ofthe Atomic Safety and Ucensing supplement which satisfies these mquimments with mped 2 adesst on re uirements provide a safety Board Panel, will rule on the request conknun wm not be permitud 2 e ancement.
and/or petition, and the Secretary or the Relocation of selected requirements designated Atomic Safety and ucensing participate as a party.
Dose permitted to intervene become I
involves items that are currently in the Board willissue a notice of hearing or parties on the proceeding subject to any l
'111 that meet the criteria set forth in staff an appropriate order, limitations in the order granting leave to guidance provided as a part of the As required by 10 CFR 2.714, a i
Commission's Technical Specification petition for leave to intervene shall set intervene, and have the opportunity to Improvement Program.nese items may forth with particularity the interest of
{articipate fully in the conduct of tne ming. including the opportunity to j
be removed from the 111 and placed in the petitioner in the proceeding, and i
some other controlled document. Once how that interest may be affected by tbo present evidence and cross. examine these items have been relocated, the results of the proceeding.no petition witnesses.
licensee generally would be able to should specifically explain the reasons A request for a hearing or a petition revise them under the provisions olio why intervention should be permitted, for leave to intervene must be filed with the Secretary of the Commission, U.S.
CFR 50.59 without a license amendment. with particular reference to the following factors:(1) the nature of the Nuclear Regulatory Commission, at 3
%e relaxation of existing r
requirements is based on operating petitioner's right under the Act to be Washington, DC 20555, Attention:
experience.When restdctions are made a party to the proceeding: (2) the Docketing and Service Branch, or may nature and extent of the petitioner's be delivered to the Commission's Public shown to provide little or no safety property, financial, or other interest in Document Room,2120 L Street, NW.,
benefit, and place a burden on the
a Washington, DC, by the above date.
licensee, their removal from the TS may the proceeding; and (3) the possible e
~
effect of any order which may be
. Where petitions are filed during the last.
)
f be justifled.In most cases, the entered in the proceeding on the ten (10) days of the notice period,it la 1
J relaxations have been incorporated in the STS or have previously been granted petitioner's interest.The petition should requested that the petitioner prompdy so 1
to individual plants on a plant specific also identify the specific aspect (s) of the inform the Commission by a toll. free 3
basis.
sub)act matter of the proceeding as to telephone call to Western Union at 1-For further details regarding the which the petitioner wishes to intervene. (800) 325-6000 (in Missouri 1-(800) 342-
{
proposed changes in the TS, see the Any person who has filed a petition for 6700).The Western Union operator j
k
~
1 i
l I
1 l
l l
!B398 Pederal Register / Vol 64, No. 232 / Tuesday, December 5, tem / Notsome j
should be given Datagram identification in accord with the regnarements of to provide an soonptable operating range Number 3727 and the following rameasse CFR 2 4. notice is hemby gwen that of pressures and temperatures to protect addressed to tierbert N. Berkow.
Thmnan l. Pioaki, a cmnminaian the reactor vessels against ana.Anetihie Director, Pmject Dredorate D-2.:
employee in Rgon IIL Division of failure. Nee curves need to be revised petitioner's name and telephone Radiation Safety and Safeguarda, has periodically to account for changes in i
number, date petition was snailed, plant been appoteted as a Commission reacsor vessel materials characteristics I
name, and publication date and page adjudicatory employee within the due to neutron embrittlement.
number of this Federal Reghster notice.
meerdag of 614 to advise the Specifically, the proposed amendments A copy of the petition ahnnld also be Commission on lesmer in the above-would replace TS Bgures 1511 1 and sent to the OfLca of the General captioned proceedlag related to 1511-t'with revised beatap and rmn *t U.S. Nuclear Regulatory consideration of esmergency planning cooldown curves applicable to both Cw= ion, Washington. DC 20565, reqeireinants.
units. Technical SpeciDeatkm figures and to Harold F. Rela, Esquire, Newman Mr. Piookihas not been engaged in the 1511-3 and 1511-4. apphcable to Unit and Holtzer. P.C 1815 L Street, NW.
performance of any krvestigatne or 2 only, would be deleted. Technical l
Washington, DC 20036, attorney for the litigating function in carmection with the Specification references to these figures licensee.
Seabrook fadhty or in any factaally-in TSs 1511.B.1,15A1.B.4.1511.FA Nantimely filings of petitions for lesve related prooseding.
and 113.14.A.1 would be changed to to intarvene, mn=hd petitions, Until such time as a final decision is reflect the noe of only one set of bestup supplemental petitions and/or requests issued, interested persons outside the
, and cooldown hmit curves lot both for hearms will not be entertaun J agency and agency employees units. N Basis section for TS 15ALB absent a determination by the performing lavestigation or litigating would also be changed both to reDect Commission, the presidmg officer, or the functions in the Seabrook operettng the use of only one set of baatup and presidmg Atomic Safety and Licensms license proceeding are required to cooldown curves and to reflect revised Board that the petition and/or request observe the restrictions of 10 CPR 1580 methodology for how these curves are should be granted based upon a and 1.781 in their communications with calculated. Mnally, the Basis section for balanmg of the factors specified in to Mr. PlookL TS 1511.F would be revised to correct a CFh <14(a)(1)(1)-(v) and 2.714(d).
It is so ordered.
reference from 10 CFR Part 50, Appendix If a request for a hearing is received.
Dated at RockvGle. Maryland this 29th day G,Section IV.Alc to Section IV.AA the C==6am's staff may issue the of November.ts58.
Before issuance of the proposed amendments after it completes its For the Commission.
license amendments, the C==61cc technical review and prior to the Samuel J. Chilk.
will have made findings required by the ccmapletion.of any reqmred hearing if it Secivtaryofthe nmm-ion Atomic Energy Act of 1954, as amended e
pubhshes a further notice for puhhc
[FR Doc. 80-2s358 Filed 12-4-ar.145 am)
(the Act),and the F-*W's comment of its proposed finding of no regulations.
I eagg significant hazards considerations in he Commission has made a proposed l
accordance with 10 CFR 50.91 and 50.92.
deteramation that the amendment I
Fw further details with respect to this (Dodret Hos.30-306 and 50-301]
request involves no signiacant hasards action, see the appbcation for consideration. Under the Commissaan's f
amendment dated June 5,1989, as Wisconsin Bectric Power Co., Point Ides k 10 CFR 40.92, &is amans supplemented November 3,1989, which Beech Nucieer Plant, Unit Nos.1 end 2; that operetim of the facihty in is availabla for pubhc inspection at the Consideration etleeuence of accordance with the proposed Commission's Pubbe Document Room.
Amendment to FacNity OpersUng amendment would not (1) involve a 2120 L Street, NW., Washington. DC LJoense and Proposed No Significent sigdicat bemse b es pmbabihty or 20655, and at the Local Pubbe Document Hazards Cone 6deration Determ consequences of an accident previously Room. Environmental and Urban Affairs and Opportunity for HeeHng evaluated; or (2) create the possibility of library Florida internatimal The U.S. Nucicat Regulatory a new ce different kind of acciAant imm University, Miami. Florida. 33199 Commission (the Commission)is any accident previously evaluated; or (3)
Dated at Rockv&, Maryland, this 2sth day considering issuance of amendments to involve a significant reduction in a Facility Opereties IJcense Noa. DPR-34 margin of safety. De besie for this of November tees.
For the Nuclear Regulatory Commieskm.
and DPR47, issued to the Wisconsin proposed determination is provided Herbert N. Berkow, Electric pvwer Company (the licensee),
below. Ie.
m*.
Dirvefor. PIv/ect Dr'rectorete 114 Division of for cparation of the Point Beach Nuclear
%e proposed changes would not Reocrorl'rsis --.'M. Ofice ofNuclear Plant. Unit Nos. I and 2 located in invoh e a significant increase in the Manitowoc County, Wisconaln.
probablityorconsequencesof an
)
Reaccar Regulation.
3
[FR Doc. 8s-28350 FUed it-4-as: 8.45 aml De prVPosed amendments would accident previously avaluated. &
l revise provisions of the Point Beach proposed heatup and cooldown curves j
enw.ocoo,no eso Nuclear Plant. Unit Noa.1 and 2.
were calculated using the most limiting Technical Specifications (E) relating to reactor vessel weld material and (Docket Hos,6044bOL and 50444-OL the ; =-J=
le heatup and cooldown neutronJiuence information from either
@MsMe Emergency Pennning)]
curves.The heatup and cooldown unit as input to NRC accepted limitation curves have been revised to methodolgy delineated in Regulatory l
Pubile Service of N be applicable through 1&1 effective full Guide 1.99, Revision 1 h underlying l
Hampshire (Seabr Station, nits 1 power years. Further, the technical purpose of these curves remains ointmentof AMcawy spect!1catices have been simplified by unchanged La.to define an acceptable Y
taking the most limiting set of curves operating range of, cessures and l
Commissimers: Kenneth M. Carr.
derived for either Unit 1 or Unit 2 and temperatures to protect the reactor l
Chairman.%omes M. Roberts Kenneth C.
making that set applicable to both units, vessels against non-ductile failure. &
Rogers. lames R. Curtiss.
The proposed changes are necessary to proposed araendments would not create
-