[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