ML20134K741

Notice of Consideration of Issuance of Amend to License NPF-15 & Proposed NSHC Determination & Opportunity for Hearing.Amend Defers Implementation of Surveillance Requirement 3.1.5.4 of TS 3.1.5

ML20134K741
Person / Time
Site:	San Onofre
Issue date:	02/12/1997
From:	Fields M NRC (Affiliation Not Assigned)
To:
Shared Package
ML20134K744	List: ML20134K741
References
NUDOCS 9702140214
Download: ML20134K741 (8)

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7590-01-P i

i taffTED STATES BAUCLEAR REGULATORY CMISSION i

j SOUTHERN CALIFORNIA EDISON CGIPANY I

f DOCKET ND. 50-362 MDTICE OF CONSIDERATION OF ItG14NCE OF AMEBOGENT TO i

j FACILITY OPERATING LICFEE. PROPOSED No SIGNIFICANT HAZARDS CMSIDElltTION DETERNIMATION. AIE) OPPORTUNITY FOR A HEARING l

The U.S. Nuclear Regulatory Commission (the Commission) is considering S

i issuance of an amendment to Facility Operating License No. NPF-15, issued to a

Southern California Edison Company (the licensee), for operation of the San Onofre Nuclear Generating Station (SONGS), Unit No. 3 located in San Diego l

County, California, f

The proposed amendment would defer implementation of Surveillance i

Requirement (SR) 3.1.5.4 of Technical Specification 3.1.5, "CEA Alignment" until no later than the next SONGS Unit 3 refueling outage (currently l

scheduled to begin on April 12,1997).

i The exigent circumstances for this amendment request exist due to the recent discovery of the inappropriate crediting of previous test results to l

this post-Technical Specification Improvement Program SR.

l Sofore 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.

Ibrsuant to 10 CFR 50.91(a)(6) for amendments to be granted under f

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exigent circumstances, the NRC staff must determine that the amendment i

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l request involves no significant hazards consideration. Under the 9702140214 970212 PDR ADOCK 05000362 p

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~. i Commission's regulations in 10 CFR 50.92, this means that operation of the i

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 i

kind of accident from any accident previously evaluated; or (3) involve a i

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.

j The proposed change would defer the implementation of Surveillance il Requirement (SR) 3.1.5.4 of Technical Specification (TS) 3.1.5 until the Unit 3, Cycle g refueling outage.

Operation of the facility would remain unchanged as a result of the i

proposed changes and no assumptions or results of any accident analyses are affected. Based on testing, operating experience, and i

the inherent reliability of the system, Edison concludes the Reed Switch Position Transmitters have demonstrated their capability to perform their specified safety function and are operable.

Therefore, the proposed change will not involve a significant j

increase in the probability or consequences of any accident previously evaluated.

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The proposed change does not create the possibility of a new or different kind of accident from any accident previously evaluated.

The proposed change would defer the implementation of Surveillance Requirement (SR) SR 3.1.5.4 of Technical Specification (TS) 3.1.5 untti the Unit 3, Cycle 9 refueling outage.

1 Operation of the facility would remain unchanged as a result of the i

proposed change. The Reed Switch Position Transmitters cannot initiate an accident. Therefore, the proposed change will not create the possibility of a new or different kind of accident from any accident previously evaluated.

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1. 3.

The proposed change does not involve a significant reduction in a margin of ssfety.

l The proposed change would defer the implementation of Surveillance Requirement (SR) SR 3.1.5.4 of Technical Specification (TS) 3.1.5 until the Unst 3, Cycle 9 refueling outage. The Reed Switch Position Transmitters are concluded to be able to perform their safety function and are operable. Therefore, the proposed change will 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 14 days after the date of publication of this notice will be considered in making any final j

determination.

Normally, the Commission will not issue the amendment until the i

expiration of the 14-day notice period. However, should circumstances I

change during the notice period, such that failure to act in a timely way l

would result, for example, in derating or shutdown of the facility, the Commission may issue the license amendment before the expiration of the 14-day notice period, provided that its final determination is that the amendment involves no significant hazards consideration. The final deterstnation will consider all public and State comments received. Should the Commission take this action, it will publish in the FEDERAL REGISTER a l

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4 notice of issuance. The Commission expects that the need to take this action will occur very infrequently.

l 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 4

Gelman Building, 2120 L Street, NW., Washington, DC.

The filing of requests for hearing and petitions for leave to intervene is discussed below.

4 By March 20, 1997, 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 Main Library, University of California, P. O. Box 19557, Irvine, California 92713.

If a

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! i 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 I

the Commission or by the Chairman of the Atomic Safety and Licensing Board l

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.

l As required by 10 CFR 2.714, a petition for leave to intervene shall f

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 l

intervention should be pemitted with particular reference to the following factors:

(1) the nature of the petitioner's right under the Act to be made i

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 i

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 i

intervene or who has been admitted as a party may amend the petition l

without requesting leave of the Board up to 15 days prior to the first prehearing conference scheduled in the proceeding, but such an amended I

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 l

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are sought to be litigated in the matter. Each contention must consist of I

a specific statement of the issue of law or fact to be raised or l

controverted. In addition, the petitioner shall provide a brief i

explanation of the bases of the contention and a concise statement of the i

alleged facts or expert opinion which support the contention and on which a

the petitioner intends to rely in proving the contention at the hearing.

j The petitioner must also provide references to those specific sources and 4

documents of which the petitioner is aware and on which the petitioner I

intends to rely to establish those facts or expert opinion. Petitioner j

i 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 I

consideration. The contention must be one which, if proven, would entitle the petitioner to relief. A petitioner who fails to file such a supplement i

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which satisfies these requirements with respect to at least one contention will not be pemitted to participate as a party.

Those permitted to intervene become parties to the proceeding, subject i

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 detemination 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.

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l If the final determination is that the amendment request involves no j

significant hazards consideration, the Commission may issue the amendment 4

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 detemination 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 t

Gelman Building, 2120 L Street, NW., Washington, DC, by the above date. Where petitions are filed during the last 10 days of the notice j

period, it is requested that the petitioner promptly so infom the l

Commission by a toll-free telephone call to Western Union at 1-(800) 248-i 5100 (in Nissouri 1-(800)342-6700). The Western Union operator should be given Datagram Identification Number N1023 and the following message i

I 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 Cammission, Washington, DC 20555-0001, and to T. E. Dubre,

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Esquire, Southern California Edison Company, P.O. Box 800, Rosemead, California 91770, attorney for the licensee.

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Montimely filings of petitions for leave to intervene, amended a

petitions, supplemental petitions and/or requests for hearing will not be I

entertained absent a determination by the Commiission, the presiding officer or the presiding Atomic Safety and Licensing Board that the petition and/or i

request should be granted based upon a balancing of the factors specified I

in 10 CFR 2.714(a)(1)(1)-(v) and 2.714(d).

I For further details with respect to this action, see the application for amendment dated February 7,1997, which is available for public inspection J

at the Covission's Public Document Room, the Gelman Building, 2120 L Street,

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W., Washington, DC, and at the local public document room, located at the

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Main Library, University of California, P. O. Box 19557, Irvine, California 4

I 92713.

Dated at Rockville, Maryland, this 12th day of February 1997.

FOR THE NUCLEAR REGULATORY COMISSION l

9//d$ SWI Nel B. Fields, Project Manager 1

Project Directorate IV-2 Division of Reactor Projects III/IV Office of Nuclear Reactor Regulation i

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