[Federal Register Volume 62, Number 127 (Wednesday, July 2, 1997)]
[Notices]
[Pages 35843-35844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-17295]
[[Page 35843]]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-327 and 50-328]
Tennessee Valley Authority; 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.
DPR-77 and DPR-79 issued to the Tennessee Valley Authority (TVA, the
licensee) for operation of the Sequoyah Nuclear Plant, Units 1 and 2
located in Hamilton County, Tennessee. This action is being considered
in response to a TVA amendment request dated September 26, 1996.
The proposed amendments would remove the fire protection license
condition for each unit and relocate various fire protection details
from the Sequoyah Technical Specifications (TSs) to the Sequoyah Fire
Protection Report, which is referenced in the Sequoyah Final Safety
Analysis Report (FSAR). Guidelines for relocation of fire protection
details were provided in NRC Generic Letter (GL) 88-12, dated August 2,
1988. The amendments would remove fire protection requirements from the
TSs in four major areas: (1) Fire detection systems, (2) fire
suppression systems, (3) fire barriers, and (4) fire brigade staffing
requirements.
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:
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 TS change implements the guidance of NRC Generic
Letter 86-10, ``Implementation of Fire Protection Requirements,''
and GL 88-12, ``Removal of Fire Protection Requirements from the
Technical Specifications.'' TVA's proposed change is administrative
in nature since no technical requirements are being changed. The
current technical specifications associated with fire protection are
removed and are relocated to the SQN FSAR. In addition,
implementation of the proposed standard fire protection license
condition provides assurance that any future changes to the SQN Fire
Protection Program would not adversely affect the ability to achieve
and maintain safe shutdown in the event of a fire. Since the
technical content of the Fire Protection requirements have not
changed, this amendment 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.
The proposed changes to the fire protection requirements in this
proposed amendment are administrative in nature. Technical
requirements associated with SQN's Fire Protection Systems have not
been altered. Accordingly, the amendment 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 technical requirements for fire protection are relocated
from the TSs to the FSAR by reference to the Fire Protection Report
for Sequoyah Nuclear Plant. This report was submitted to NRC by
letter dated August 30, 1996. The report contains the technical
requirements for SQN's Fire Protection Program. Under TVA's proposed
TS change, the operational conditions, testing and remedial action
requirements, that are removed from TSs and relocated to the Fire
Protection Report remain unchanged. The existing plant procedures
will continue to provide the specific instructions for implementing
these technical requirements. Since technical requirements are not
changed, the proposed change does not involve a reduction in 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 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 Chief, Rules
Review and Directives Branch, Division of Freedom of Information and
Publications Services, Office of Administration, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, 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 August 4, 1997, 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 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
[[Page 35844]]
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 20555-0001, Attention: Rulemakings and
Adjudications Staff, or may be delivered to the Commission's Public
Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC,
by the above date. A copy of the petition should also be sent to the
Office of the General Counsel, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, and to the General Counsel, Tennessee Valley
Authority, 400 West Summit Hill Drive, ET 10H, 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 26, 1996, 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, 1001 Broad Street, Chattanooga, Tennessee 37402.
Dated at Rockville, Maryland, this 26th day of June 1997.
For the Nuclear Regulatory Commission.
Ronald W. Hernan,
Senior Project Manager, Project Directorate II-3, Division of Reactor
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 97-17295 Filed 7-1-97; 8:45 am]
BILLING CODE 7590-01-P
