[Federal Register Volume 60, Number 5 (Monday, January 9, 1995)]
[Notices]
[Pages 2404-2406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-535]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-327 and 50-328]
Tennessee Valley Authority Sequoyah Nuclear Plant, Units 1 and 2;
Consideration of Issuance of Amendments 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-77 and DPR-79, issued to the Tennessee Valley Authority (TVA or the
licensee), for operation of the Sequoyah Nuclear Plant, Units 1 and 2
located in Soddy-Daisy, Tennessee.
The proposed amendments would add a permissive statement to
Surveillance Requirement 4.9.7.1 that will allow the auxiliary building
bridge crane interlocks and physical stops to be defeated during
implementation of the spent fuel pool (SFP) storage capacity increase
modification (rerack). This modification was approved by Amendment Nos.
167 and 157 for Unit 1 and Unit 2 respectively, dated April 28, 1993.
The original request and subsequent amendments described the
implementation of the SFP storage capacity increase modification in
detail, but did not explicitly address the need to actually bypass the
crane interlocks and remove the physical stops. This need was implied
since the crane would have to be positioned above the SFP to remove and
replace the racks. However, when the reracking began, a concern was
raised that the inability to perform the crane interlock and physical
stops surveillance test was not explicitly allowed by the amendments or
the technical specifications. As a result, the reracking has been
stopped at considerable expense to the utility and will result in
schedule slippage. Also, the components are in an interrum
configuration with equipment and tools temporarily in a standby status.
Since it is desirable to complete the modification without delay in
order to ensure adequate off-load capability, the amendments are being
processed on an exigent basis. [[Page 2405]]
Before issuance of the proposed license amendments, 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 amendments 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:
TVA has evaluated the proposed technical specification (TS)
charge and has determined that it does not represent a significant
hazards consideration based on criteria established in 10 CFR
50.92(c). Operation of Sequoyah Nuclear Plant (SQN) in accordance
with the proposed amendment will not:
1. Involve a significant increase in the probability or
consequences of an accident previously evaluated.
The SQN TSs prohibit loads in excess of 2100 pounds from travel
over fuel assemblies in the spent-fuel pool and require the
associated crane interlocks and physical stops to be periodically
demonstrated operable. During the installation process, the crane
interlocks and physical stops must be defeated to allow the removal
and installation of racks and associated tools to be moved over the
spent-fuel pool. Additionally, administrative controls are in place
to return the crane interlocks and physical stops to an operable
status after each phase of crane use. It should be noted movement
over fuel in the spent-fuel pool is prohibited. Therefore, the
defeat of the interlocks and physical stops does not involve a
significant increase in the probability or consequences of an
accident previously evaluated.
2. Create the possibility of a new or different kind of accident
from any previously analyzed.
A fuel movement and rack change-out sequence has been developed
that illustrates that it will not be necessary to carry existing or
new racks over fuel in the cask loading area or any region of the
pool containing fuel. A lateral-free zone clearance from stored fuel
shall be maintained.
Accordingly, it can be concluded that the bypassing of the
interlocks and removal of the physical stops does not create the
possibility of a new or different kind of accident from any
previously analyzed.
3. Involve a significant reduction in a margin of safety.
The SQN rerack project will ensure maximum emphasis to mitigate
the potential load-drop accident by implementing measures to
eliminate shortcomings in all aspects of the operation. Elimination
of shortcomings will be accomplished by comprehensive training of
the installation crew, redundancies built in lifting devices,
procedures to address each phase of the project, and prohibitions of
lifts over fuel assemblies in the spent-fuel pool. Therefore,
defeating the crane interlock and physical stops to perform the
required lifts 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 proposed 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 amendments 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, provided that its final determination is that
the amendments involve 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.
The filing of requests for hearing and petitions for leave to
intervene is discussed below.
By January 24, 1995, 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 Chatanooga-Hamilton County Library, 1101
Broad Street, Chattanooga, Tennessee 37402. 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 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 [[Page 2406]] 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 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 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, 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 Mr. Frederick J. Hebdon: 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 General
Council, Tennessee Valley Authority, ET 11H, 400 West Summit Hill
Drive, Knoxville, Tennessee 37902, 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 January 3, 1995, which is available for
public inspection 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 Chattanooga-Hamilton County Library, 1101
Broad Street, Chattanooga, Tennessee 37402.
Dated at Rockville, Maryland, this 4th day of January 1995.
For the Nuclear Regulatory Commission.
David E. LaBarge,
Sr. Project Manager, Project Directorate II-4, Division of Reactor
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 95-535 Filed 1-6-95; 8:45 am]
BILLING CODE 7590-01-M
