[Federal Register Volume 59, Number 171 (Tuesday, September 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21862]
[[Page Unknown]]
[Federal Register: September 6, 1994]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-424]
Georgia Power Company, et al.; 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-68 issued to Georgia Power Company, Oglethorpe Power Corporation
Municipal Electric Authority of Georgia, City of Dalton, Georgia (the
licensee) for operation of the Vogtle Electric Generating Plant, Unit
1, located in Burke County, Georgia.
The proposed amendment would eliminate article 2.C(6) and the
associated attachment 1 of the license. Article 2.C(6) references
attachment 1 which lists special diesel generator (DG) maintenance and
surveillance 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:
The change to the license will delete license conditions related
to DG component inspections that were imposed based on the
recommendations in NUREG-1216. Therefore, the detailed steps of
preventive maintenance surveillance programs will become subject to
the same degree of NRC staff review and approval as for DGs provided
by other manufacturers. However, future revisions of the maintenance
surveillance program are subject to the provisions of 10 CFR 50.59.
The owners group in conjunction with the DG manufacturer is
developing a generic DG management program. The transition from the
current program to the generic program will be accomplished under
the provisions of 10 CFR 50.59.
The requirements imposed by attachment 1 to the license were in
addition to the Technical Specifications surveillance and
maintenance requirements for DGs in nuclear service. The
requirements of attachment 1 were imposed due to the unresolved
concerns about the reliability of TDI DGs that existed at the time
of issuance of the VEGP Unit 1 license. Since that time the concerns
have been resolved by substantial operational data and inspection
results which have demonstrated that these DGs may be treated on a
par with other DGs within the nuclear industry and subjected to the
same standard regulations without the special requirements of NUREG-
1216. The proposed change will result in continuing DG performance
in accordance with NRC requirements for this function, and it is
likely to result in improved availability. The current Technical
Specification surveillance requirements will continue to assure that
the DGs are proven at regular intervals to perform in accordance
with NRC requirements. These license conditions have been
technically justified on the basis of current reliability data and
inspection results of operating TDI DGs throughout the last several
years. The NRC staff has agreed with these conclusions as documented
in the SER for the topical report.
The current DG maintenance and surveillance program for the VEGP
DGs is in agreement with the applicable portions of the surveillance
and maintenance programs described in the topical report and with
the requirements of the Technical Specifications. Any subsequent
changes to the surveillance and maintenance requirements currently
contained in attachment 1 to the license following the removal of
the attachment from the Operating License will be made in accordance
with 10 CFR 50.59.
Based on the above considerations, GPC has concluded the
following concerning 10 CFR 50.92.
1. The proposed change to the license does not involve a
significant increase in the probability or consequences of an
accident previously evaluated because the availability and
reliability of the DGs will remain within the limits previously
assumed in the safety analyses.
2. The proposed change to the license does not create the
possibility of a new or different kind of accident from any accident
previously evaluated because it does not result in any physical
changes to the plant or in its modes of operation and the DGs have
been demonstrated to operate at a level of reliability that is
consistent with that which was previously determined to be
acceptable for this application.
3. The proposed deletion from the license does not involve a
significant reduction in a margin of safety because the results of
the operational data and inspection reports have demonstrated that
the license conditions are not required to assure that the DGs will
be maintained in a state of reliability consistent with that assumed
for the safety analyses.
The NRC staff has reviewed the licensee's analysis in conjunction
with its cover letter, 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
20555.
The filing of requests for hearing and petitions for leave to
intervene is discussed below.
By October 6, 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 Burke County Public Library, 412 Fourth
St., Waynesboro, Georgia 30830. 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 Herbert N. Berkow: 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 Arthur H.
Domby, Troutman Sanders, Nations Bank Plaza, 600 Peachtree Street NE.,
Atlanta, Georgia 30308, 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 August 16, 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 Burke County Public Library, 412
Fourth Street, Waynesboro, Georgia 30830.
Dated at Rockville, Maryland, this 30th day of August 1994.
For the Nuclear Regulatory Commission.
Louis Wheeler,
Project Manager, Project Directorate II-3, Division of Reactor
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 94-21862 Filed 9-2-94; 8:45 am]
BILLING CODE 7590-01-M
