[Federal Register Volume 59, Number 40 (Tuesday, March 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4557]


[[Page Unknown]]

[Federal Register: March 1, 1994]


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NUCLEAR REGULATORY COMMISSION
 

Pacific Gas & Electric Co.; Notice of Consideration of Issuance 
of Amendment to Facility Operating License, Proposed No Significant 
Hazards Consideration Determination, and Opportunity for Hearing

[Docket No. 50-275 and 50-323]
    The U.S. Nuclear Regulatory Commission (the Commission) is 
considering issuance of amendments to Facility Operating License Nos. 
DPR-80 and DPR-82 issued to Pacific Gas & Electric Company (the 
licensee) for operation of the Diablo Canyon Nuclear Power Plant 
located in San Luis Obispo County, California.
    The proposed amendments would revise the combined Technical 
Specifications (TS) for the Diablo Canyon Power Plant Unit Nos. 1 and 2 
to revise TS 3/4.3.2, ``Engineered Safety Feature Actuation System 
Instrumentation,'' as follows:
    (1) Table 3.3-3, functional unit 6.c.2), channels to trip, would be 
changed from 2/steam generator in one steam generator to 2/steam 
generator in any 2 steam generators.
    (2) Table 3.3-4 would be changed as follows:
    a. Functional Unit 4.e., Negative Steam Pressure Rate--High, trip 
setpoint and allowable value, would be changed from -100 psi/sec and 
-105.4 psi/sec to 100 psi and 105.4 psi, respectively.
    b. A note would be added stating that the time constants utilized 
in the rate-lag controller for Negative Steam Pressure Rate--High, are 
equal to 50 seconds.
    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, which is presented 
below:
    (1) Does the change involve a significant increase in the 
probability or consequences of an accident previously evaluated?
    The proposed change to the Start Turbine-Driven Pump, function is 
administrative in nature and does not involve any modifications to any 
plant equipment or affect plant operation.
    The Negative Steam Pressure Rate--High, function is not involved in 
any accident initiation sequences.
    Although the safety function of the Negative Steam Pressure Rate--
High, function is to protect against a steam line break (SLB) below P-
11 [pressurizer pressure low (P-11) setpoint], the consequences of a 
SLB are more limiting at higher pressures and, therefore, SLB is 
analyzed at the more limiting reactor coolant system (RCS) conditions. 
The proposed change more adequately defines the trip setpoint and 
allowable value to be consistent with the original intent of [license 
amendment request] LAR 92-05 and actual plant practice. This clarifying 
change does not involve a change to the actual values or the manner in 
which they are used.
    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 to the Start Turbine-Driven Pump, function is 
administrative in nature, does not involve any physical alterations to 
any plant equipment, and causes no change in the method by which any 
safety-related system performs its function.
    The Negative Steam Pressure Rate--High, function is not involved in 
any accident initiation sequences. No new operating configuration is 
being imposed by the Negative Steam Pressure Rate--High, function that 
would create a new failure scenario. In addition, no new failure modes 
are being created for any plant equipment.
    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 change to the Start Turbine-Driven Pump, function 
corrects an administrative error in Table 3.3-3 and does not effect any 
safety analysis.
    The proposed change to the Negative Steam Pressure Rate--High, 
function does not involve any changes to the actual values or the 
manner in which they are used. There is no impact of the proposed 
change on any safety analysis assumption.
    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 thirty (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 Rules and 
Directives Review 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 P-223, Phillips 
Building, 7920 Norfolk Avenue, Bethesda, 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 March 31, 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, 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 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. 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, 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 ten (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 3737 and the 
following message addressed to Theodore R. Quay, Director, Project 
Directorate V]: 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 February 17, 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 23rd day of February 1994.

    For the Nuclear Regulatory Commission.
Sheri R. Peterson,
Project Manager, Project Directorate V, Division of Reactor Projects 
III/IV/V, Office of Nuclear Reactor Regulation.
[FR Doc. 94-4557 Filed 2-28-94; 8:45 am]
BILLING CODE 7590-01-M