ML20076G608

Notice of Consideration of Issuance of Amend to License NPF-5 & Proposed No Significant Hazards Consideration Determination & Opportunity for Hearing

ML20076G608
Person / Time
Site:	Hatch
Issue date:	05/12/1983
From:	Stolz J Office of Nuclear Reactor Regulation
To:
Shared Package
ML20076G612	List: ML20076G608
References
TAC-51054, TAC-55695, NUDOCS 8306150484
Download: ML20076G608 (8)

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UNITED STATES NUCLEAR REGULATORY COMMISSION GEORGIA POWER COMPANY 0GLETHORPE POWER CORPORATION MUNICIPAL. ELECTRIC AUTHORITY OF GEORGIA CITY OF DALTON, GEORGIA DOCKET NO. 50-366 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT T0_

FACILITY OPERATING LICENSE AND PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION AND OPPORTUNITY FOR HEARING The U. S. Nuclear Regulatory Commission (the Commission) is considering issuance of an amendment to Facility Operating License No. NP.F-5, issued to Georgia Power. company, Oglethorpe Power Corporation, Municipal Electric Authority _ of Gaorgia, and City of Dalton, Georgia,- (the _ licensees), for operation of the Edwin I. Hatch Nuclear. Plant, Unit No. 2'(the facility),

located in Appling County, Georgia.

The amendment involves two principal sets of changes. The first set provides additional and revised trip setpoints that reflect design modifications to reduce containment loads from plant' transients. These changes would (1) lower the opening and closing setpoints for subsequent actuation of selected safety relief valves, and (2) lower the main steam isolation valve water level trip setpoint. The second set relates to

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changes to the core design for the third fuel reload of Unit No. 2, to include operation with a new fuel type, 7x7-bundles. This requires numerical changes to the curves which specify maximum average planar linear heat generation rates and minimum critical power ratios. These changes are in accordance with the licensees' application for amendment dated February 23, 1983, as supplemented April 19, 1983, and application for amendment dated March 30, 1983.

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Before issuance of the proposed license amendment, the Comission will have made findings required by the Atomic Energy Act of 1954, as amended (the Act) and the Commission's regulations.

The Comission has made a proposed detennination that the amendment requests involve no significant hazards consideration. Under the Comission'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;

_e or (2) create the possibility of a new or different kind of accident from any j

acciden+. previously evaluated; or (3) involve a significant reduction in a margin of safety.

The Commission'has provided guidance concerning the application of these standards by providing certain examples (48 FR 14870). One of the examples of actions likely to involve no significant hazards considerations -

relates to reload amendments involving no fuel assemblies significantly different than those previously found ~ acceptable at the facility in question. While the fuel assenblies involved in this application, are i

somewhat different from those previously authorized for Hatch Unit No. 2, 7x7 rather than 8x8, the Commission proposes to deterreine that the application does not involve a significant hazards consideration since fuel elements of this design have been previously reviewed and approved for use in Hatch Unit No.1.

While there are some differences between Hatch Unit No. I and Hatch Unit No. 2 operating characteristics which require a plant specific analysis for the use of the new fuel, these differences are not significant.

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With resce:t to the cnanges ir; the trit: setcoints, one of the examples of actions likely to involve significant hazards cons 5derations relates to changes.in plant operation designed to improve safety but which, due to -

other factors, allow plant operation with safety margins significantly reduced from those believed to have been present when the plant was licensed. The installation of the Low Level. Set Safety Relief Valve (SRV) logic syste-is intended to mitigate the problems of containment loads during SRV operations identifiec in NUREG-0661, and as required by Order,

modifying tne license dated January 13,1981 (46 FR 9280, January ~28,1981) and Modificat' ion Order dated January 19,1982 (47 FR 3901, January 27, 1982).

In the present case, the changes involved in the Low Level Set SRV logic

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system, together with actions prevfcusly taken in response to the prior bar.ission Jrders, essentially restore safety margins and consequently the changes would not have the effect of ' permitting plant operation with safety margins significantly reduced from those believed to be present before the pecblems discussed in ilUREG-0661 were identified. Aicordingly, the Commission proposes tc determine that these changes do not involve a significant hazards

cnsideration.

The Ccamission 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. The Commission will not normally make a final determination unless it receives a request for a hearing.

Conments should be addressed to the Secretary of.tiie Commission, U.S. fluclear Regulatory commission, Washington, D.C.

20565, Attn:

Dacketing and Service Branch.

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, tne licensees 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 petition for leave to intervene.

Request for a hearing and petitions for leave to intervene shall be filed in accordanca with the Commission's " Rules of practice for Domestic Licensing Proceedings" in 10 CFR Part 2.

If a reouest for a nearing or cetition 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 tha designated Atcmic Safety and Licensing Board will issue a notice of hearing or a'n appro-ori ate orc.er.

As requirec by 10 CFR s2.714, a petition for' leave to intervene shall set for.h with particularity the interest of the petitioner in the proceeding, and-hcw 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 suoject matter of the croceeding as to which, petitioner wishes to intervene.

Any person who has a *

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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 fifteen (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 fifteen (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, and the bases for each contention set forth with re'asonable specificity.

Contentions shall be limited to matters within the scope of the amendment under consideration.

A petitioner who fatls to file such a supplement which satisfies these requirements with respect to at least one contaction 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 tha opportunity to carticipate fully in the conduct of the hearing, including the opportunity to present evidence and cross-examine witnesses.

If a hearing is reouested, the Canmission will make a final determination on the issue of no significant hazards consideration. The final determina-tion will serve to decide when the hearing is held.

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If the final determination is that the amendment requests involve no significant hazards consideration, the Commission may issue the amendment and make it 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 involves a significant hazards consideration, any hearing held would take place before the issuance of any amendment.

Normally, the Commission will not issue the amendment until the expir-ation of the 30-day notice period. However, should circumstances change during the notica period such that failure to act in a timely way wou'Id 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, orovided that its final determination is that the amendment involves no significant hazards consideration.

The final determination will consider all public and Stata comments received.

Should the Commission take this action, it will publish 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.

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, e

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Washington, D.C. 20555, Attention: Docketing and Service Branen, or may be delivered to the Commission's Public Occument Room, J717 H Street, N.W.

Washington, D.C., by the above date.

Where petitions are filed during the last ten.(10) days of the notice period, it is requested that the petitioner premptly so inform the Commission by a toll-free telephone call to Western Union at (800) 325-6000 (in Missouri (800) 342-6700).

The Western Union c:erator should be given Datagram Ioentification Number 3737 and the following message addressed to John F. Stolz, :

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 Executive Legal Director, U.S. Nuclear Regulatory Commission,, Washington, 0.0.

20555, and to G. F. Trowbridge, Shaw, Pittman, Potts and Trowbridge, 1000 M Street, NW, Washington, D.C.

20036, attorney for the licensees.

Nontimely filings of petitions for leave to intervene, amended petitions, sa:::e. mental peti-ions and/or. recuests for nearing will not be entertaineo absent a determination by the Commission, the presiding officer or the Atomic Safety and Licensing Board designated to rule on the pet.ition and/or request, that the petitioner has made a substa,ntial showing of good cause for the That determination will be based oranting of a late petition and/or request.

uoan a balancing of the. factors specified in 10 CFR 2.714(a)(1)(f)-(v) and 2.714(d).

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or further details with respec: to this action, see the applications

. for amendment which are available.for public inspectich at the Comission's Public Document Room,1717.H Street, NW., Washington, D.C.

20555, and at the Appling County Public Library,~ 301 City Hall Drive, Baxley,! Georgia.

Dated 'at Bethesda, Maryland this12th day of May 1983.

FOR THE NUCLEAR REGULATORY COMMISSION

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w Joh F. Stolz, Chief

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