94-32084. Sequoyah Nuclear Plant Units 1 and 2; Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing  

  • [Federal Register Volume 59, Number 249 (Thursday, December 29, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-32084]
    
    
    [[Page Unknown]]
    
    [Federal Register: December 29, 1994]
    
    
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    NUCLEAR REGULATORY COMMISSION
    [Docket Nos. 50-327 and 50-328]
    
     
    
    Sequoyah Nuclear Plant Units 1 and 2; Notice of 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 amendments to Facility Operating License Nos. 
    DPR-77 and DPR-79 issued to the Tennessee Valley Authority (the 
    licensee) for operation of the Sequoyah Nuclear Plant, Units 1 and 2, 
    located in Soddy Daisy, Tennessee.
        The proposed amendments, submitted by the licensee's letter dated 
    December 16, 1994, would revise the surveillance requirements for 
    diesel generators, deleting a requirement to accelerate to at least 900 
    revolutions per minute (rpm), adding wording for voltage and frequency 
    acceptance criteria, and deleting a requirement for a 10-year 
    surveillance during shutdown.
        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 had 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 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:
    
        [The Tennessee Valley Authority] TVA has evaluated the proposed 
    technical specifications (TS) change 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 proposed changes to these surveillances do not alter the 
    intent or methods for verifying diesel generator (D/G) operability. 
    The intent of the 900 revolutions per minute (rpm) requirement is 
    still maintained by the 60 plus or minus 1.2 hertz (Hz) requirement 
    with acceptable tolerances. The deletion of the requirement to 
    perform interdependence testing during shutdown does not alter the 
    test but does provide reasonable flexibility to perform testing 
    during power operation. By testing this function at power the 
    probability and consequences of an accident are not increased. These 
    surveillances verify operability of the D/Gs and do not impact the 
    availability of D/Gs for accident mitigation. In addition, these 
    tests, as well as the D/Gs, can not be the source of an accident. 
    These proposed changes will not increase the probability or 
    consequences of an accident.
        2. Create the possibility of a new or different kind of accident 
    from any previously analyzed.
        The D/G and TS testing to verify operability are not postulated 
    to create an accident. The affected surveillances are not changed in 
    intent and will be performed in the same manner. Testing D/G starts 
    during power operation is conducted on a weekly basis, therefore, 
    10-year interdependence testing under these conditions will not 
    present additional accident generation concerns. Therefore, the 
    proposed changes will not create a new or different kind of 
    accident.
        3. Involve a significant reduction in a margin of safety.
        The testing requirements affected by the proposed changes will 
    continue to verify D/G operability within the same or more 
    conservative limits, intent, and testing methods. The changes 
    provide flexibility in verifying D/G speed during ambient starts and 
    relaxed operating conditions for performing interdependence tests. 
    This flexibility does not lessen the operability verification 
    requirements for the D/Gs or the margin of safety provided by the D/
    Gs. Therefore, the proposed changes do not reduce the 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 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.
        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 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 27, 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 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 Chattanooga-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 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 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 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 September 8, 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 the Chattanooga-Hamilton County 
    Library, 1101 Broad Street, Chattanooga, Tennessee 37402.
    
        Dated at Rockville, Maryland, this 22nd day of December 1994.
    
        For the Nuclear Regulatory Commission.
    Joseph F. Williams,
    Project Manager, Project Directorate II-4, Division of Reactor 
    Projects--I/II, Office of Nuclear Reactor Regulation.
    [FR Doc. 94-32084 Filed 12-28-94; 8:45 am]
    BILLING CODE 7590-01-M
    
    
    

Document Information

Published:
12/29/1994
Department:
Nuclear Regulatory Commission
Entry Type:
Uncategorized Document
Document Number:
94-32084
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: December 29, 1994, Docket Nos. 50-327 and 50-328