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

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]

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