95-5364. Southern Nuclear Operating Company, Inc.; 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 60, Number 43 (Monday, March 6, 1995)]
    [Notices]
    [Pages 12253-12255]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-5364]
    
    
    
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    NUCLEAR REGULATORY COMMISSION
    
    [Docket Nos. 50-348 and 50-364]
    
    
    Southern Nuclear Operating Company, Inc.; 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 an amendment to Facility Operating License Nos. 
    NPF-2 and NPF-8 issued to Southern Nuclear Operating Company (the 
    licensee) for operation of the Joseph M. Farley Nuclear Plant, Units 1 
    and 2, located in Houston County, Alabama.
        The proposed amendment would allow modifications to relocate the 
    lower level steam generator water level taps to be made during the 
    upcoming refueling outages for both units. These modifications affect 
    the Technical Specifications associated with the reactor trip system 
    and the engineered safety feature actuation system setpoints.
        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 
    [[Page 12254]] 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 50.9(a), the licensee has 
    provided its analysis of the issue of no significant hazards 
    consideration, which is presented below:
    
        1. The proposed changes to the steam generator low-low water 
    level reactor trip and ESF actuation setpoint and to the steam 
    generator high-high water level turbine trip and feedwater isolation 
    setpoint do not significantly increase the probability or 
    consequences of an accident previously evaluated in the FSAR. 
    Several analyses previously performed in the FSAR required re-
    analysis. All acceptance criteria for the re-analyzed accidents 
    continue to be met. Therefore, there is no increase in the 
    consequences of any previously evaluated accident. The change to the 
    steam generator low-low water level setpoint affords additional 
    margin to spurious trips. No fission product barriers are affected. 
    The relocation of the steam generator lower level tap does not 
    result in increased failure probability of the SG level tap, sensing 
    line, or instrument. Therefore, the proposed changes to the 
    Technical Specifications do not significantly increase the 
    probability or consequences of an accident previously evaluated in 
    the FSAR.
        2. The proposed changes to the Technical Specifications do not 
    create the possibility of a new or different kind of accident than 
    any accident already evaluated in the FSAR. No new limiting single 
    failures or accident scenarios have been created or identified due 
    to the proposed changes. All safety-related systems will continue to 
    perform as designed. No new challenges to any installed safety 
    systems have been created by the proposed setpoint modifications. 
    Therefore, the possibility of a new or different accident is not 
    created.
        3. The proposed steam generator water level setpoint changes do 
    not involve a significant reduction in the margin of safety. Some 
    re-analysis was necessary because of the proposed setpoint changes; 
    however, all margin associated with the current acceptance criteria 
    continues to be unaffected. The proposed design and installation of 
    the new level taps using the criteria of the ASME Code with inherent 
    safety factors assure that the margin of safety in the structural 
    integrity of the steam generator shell is not reduced. Setpoint 
    uncertainty calculations have confirmed adequate margin exists 
    between the assumed analysis setpoints and the revised setpoints. 
    Therefore, there is no significant reduction in the margin of safety 
    due to the setpoint changes or the physical modification.
    
        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 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 April 5, 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 Houston-Love Memorial Library, 212 W. 
    Burdenshaw Street, Post Office Box 1369, Dothan, Alabama 36302. 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 [[Page 12255]] and on which the petitioner intends to rely 
    in proving the contention at the hearing. The petitioner must also 
    provide reference 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 proceedings, 
    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, 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 William H. Bateman: 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 M. Stanford 
    Blanton, Esq., Balch and Bingham, Post Office Box 306, 1710 Sixth 
    Avenue North, Birmingham, Alabama 35201, attorney for the license.
        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 June 10, 1994, 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 Houston-Love Memorial Library, 212 W. 
    Burdeshaw Street, Post Office Box 1369, Dothan, Alabama 36302.
    
        Dated at Rockville, Maryland, this 28th day of February 1995.
    
    For the Nuclear Regulatory Commission.
    Byron L. Siegel,
    Project Manager, Project Directorate II-1, Division of Reactor 
    Projects--I/II, Office of Nuclear Reactor Regulation.
    [FR Doc. 95-5364 Filed 3-3-95; 8:45 am]
    BILLING CODE 7590-01-M
    
    

Document Information

Published:
03/06/1995
Department:
Nuclear Regulatory Commission
Entry Type:
Notice
Document Number:
95-5364
Pages:
12253-12255 (3 pages)
Docket Numbers:
Docket Nos. 50-348 and 50-364
PDF File:
95-5364.pdf