94-15267. Southern Nuclear Operating Co.; 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 119 (Wednesday, June 22, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-15267]
    
    
    [[Page Unknown]]
    
    [Federal Register: June 22, 1994]
    
    
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    NUCLEAR REGULATORY COMMISSION
    [Docket No. 50-348]
    
     
    
    Southern Nuclear Operating Co.; 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 No. 
    NPF-2 issued to Southern Nuclear Operating Company (the licensee) for 
    operation of the Joseph M. Farley Nuclear Plant, Unit 1, located in 
    Houston County, Alabama.
        The proposed amendment would change Technical Specification 3/4.2.3 
    to change the nuclear enthalpy rise hot channel factor (F delta H) from 
    equal to or less than 1.65 [1 plus .3(1-P)] to equal to or less than 
    1.70 [1 plus .3(1-P)] where P is a fraction of rated power. The 
    amendment would also revise the action statement to reflect guidance 
    contained in the improved standard technical specifications.
        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. Will the proposed amendment involve a significant increase in 
    the probability or consequences of an accident previously evaluated?
        The proposed increase in [F delta H] for Vantage 5 fuel does not 
    involve a significant increase in the probability or consequences of 
    an accident previously evaluated in the Farley Final Safety Analysis 
    Report. No changes in the mechanical design of the fuel are 
    necessary for this [F delta H] increase. No new performance 
    requirements are being imposed on the fuel or any system or 
    component because of this change. Vantage 5 fuel contains several 
    features that provide increased margin to core limits. The proposed 
    increase in [F delta H] is utilization of this margin with no 
    violation of any acceptance criteria. Subsequently, overall plant 
    integrity is not reduced. [F delta H] is not an accident initiator. 
    Therefore, the probability of an accident has not significantly 
    increased.
        The radiological consequences of all accidents, including the 
    fuel handling accident, remain within the previous appropriate 
    acceptance limits as well as those included in 10CFR100. Therefore, 
    the radiological consequences to the public resulting from any 
    accident previously evaluated in the Final Safety Analysis Report 
    has not significantly increased.
        2. Will the proposed amendment create the possibility of a new 
    or different kind of accident from any accident previously 
    evaluated?
        The proposed specification change to the [F delta H] limit does 
    not create the possibility of a new or different kind of accident 
    from any previously evaluated in the Final Safety Analysis Report. 
    No new accident scenarios, failure mechanisms, or limiting single 
    failures are introduced as a result of the increase in [F delta H]. 
    Any accident using the revised analytical assumption has been 
    evaluated or reanalyzed and it has been determined that there is no 
    adverse effect on, or do not challenge the performance of, any 
    safety-related system. Therefore, the possibility of a new or 
    different kind of accident, is not created.
        3. Will the proposed amendment involve a significant reduction 
    in a margin of safety?
        The Vantage 5 technical specification change for increasing [F 
    delta H] does not involve a significant reduction in the margin of 
    safety. The margin of safety for the Vantage 5 fuel parameters are 
    defined by the accident analyses that are performed to 
    conservatively bound the operating conditions defined by the 
    technical specifications and to demonstrate that the regulatory 
    acceptance limits are met. Performance of analyses (including the 
    LBLOCA [large break loss-of-coolant accident]) and evaluations for 
    the proposed inclusion of an increased [F delta H] for Vantage 5 
    fuel type confirmed that the operating envelope defined by the 
    technical specifications continues to be bounded by the revised 
    analytical basis, which in no case exceeds the acceptance limits. 
    Therefore, the margin of safety provided by the analyses in 
    accordance with these acceptance limits is maintained and is not 
    significantly reduced.
    
        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, 11555 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 July 22, 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 Houston-Love Memorial Library, 212 W. 
    Burdeshaw 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 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 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 James H. Miller, U.S. Nuclear Regulatory Commission, Washington, DC 
    20555, and to James H. Miller, III, Southern Nuclear Operating Company, 
    P.O. Box 1295, Birmingham, Alabama 35201, 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 June 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 Houston-Love Memorial Library, 212 W. 
    Burdeshaw Street, Post Office Box 1369, Dothan Alabama 36302.
    
        Dated at Rockville, Maryland, this 17th day of June 1994.
    
        For the Nuclear Regulatory Commission.
    William H. Bateman,
    Director, Project Directorate II-I, Division of Reactor Projects I/II, 
    Office of Nuclear Reactor Regulation.
    [FR Doc. 94-15267 Filed 6-21-94; 8:45 am]
    BILLING CODE 7590-01-M
    
    
    

Document Information

Published:
06/22/1994
Department:
Nuclear Regulatory Commission
Entry Type:
Uncategorized Document
Document Number:
94-15267
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: June 22, 1994, Docket No. 50-348