[Federal Register Volume 59, Number 140 (Friday, July 22, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-17984] [[Page Unknown]] [Federal Register: July 22, 1994] ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [Docket No. 50-366] Georgia Power Co., et al.; Notice of Consideration of Issuance of Amendments to Facility Operating Licenses, 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. NPR-5, issued to the Georgia Power Company, Oglethorpe Power Corporation, Municipal Electric Authority of Georgia, City of Dalton, Georgia (the licensee), for operation of the Edwin I. Hatch Nuclear Plant, Unit 2, located in Appling County, Georgia. The proposed amendment would revise Technical Specification (TS) 3.3.6.6 for Hatch Unit 2 to permit the traversing incore probe (TIP) system to be considered operable with less than four operable TIP machines. The TIP system is used to periodically determine the power distribution in the core, for the calibration of the local power range monitor (LPRM) detectors, and for monitoring core thermal limits: the average planar linear heat generation rate (APLHGR), the linear heat generation rate (LHGR), and the minimum critical power ratio (MCPR). The proposed amendment will also allow the utilization of substitute TIP data for the inaccessible locations from either symmetric TIP locations or from normalized TIP data as calculated by the online core monitoring system. In the July 19, 1994, submittal, the licensee stated that, on July 11, 1994, with Hatch Unit 2 operating at 100% rated thermal power, Plant Hatch shift personnel were performing the procedure for the TIP normalization required to be performed every 31 effective full power days. Nearing completion of the procedure, personnel were unable to place the ``D'' TIP into channel 9. It had apparently stuck in channel 8, indicating a problem with the indexing mechanism. The indexing mechanism is located inside the primary containment (drywell), access to which is not possible at the present power level. Based on the last successfully performed LPRM calibration, the next one is to be completed no later than August 9, 1994. If the surveillance is not performed by that time, it will be necessary to declare the APRMs inoperable and, thus, enter an immediate reactor shutdown in accordance with TS 3.3.1.b, Action 3. The problem with the ``D'' TIP could not have been foreseen, although Plant Hatch has had problems with the indexing mechanism in the past. However, each problem is unique and has a different root cause. Subsequent to the discovery of the problem, efforts to return the ``D'' TIP to operable status were initiated. These efforts were led by the licensee's engineering staff with vendor representatives on-site as well. The licensee has performed several tests which included verification of proper voltage to the indexer motor, verification of proper motor winding resistance as well as over-voltage tests on the indexing mechanism, and also conducted a reverse motor test in an attempt to free the indexer; however, this attempt was unsuccessful. All the licensee's efforts to repair the TIP, without drywell access, were exhausted on Friday, July 15, 1994. 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. Pursuant to 10 CFR 50.91(a)(6) for amendments to be granted under exigent circumstances, the NRC staff must determine 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 does not involve a significant hazards consideration for the following reasons: (1) The proposed amendment does not involve a significant increase in the probability or consequences of an accident previously evaluated. The TIP system is not used to prevent, or mitigate the consequences of, any previously analyzed accident or transient, nor are any assumptions made in any accident analysis relative to the operation of the TIP system. No other safety related system is affected by this change. The use of substitute values from symmetric TIP locations or from calculations performed by the on-line computer core monitoring system does not affect the consequences of plant transients previously evaluated in the FSAR [Final Safety Analysis Report], because the total core TIP reading (nodal power) uncertainty is less than 8.7%. Thus, the MCPR safety limit is not affected. (2) The proposed amendment does not create the possibility of a new or different kind of accident from any accident previously evaluated. The proposed change does not involve the installation of any new equipment, or the modification of any equipment designed to prevent or mitigate the consequences of accidents or transients. Therefore, the change has no effect on any accident initiator, and no new or different type of accidents are postulated to occur. (3) The proposed amendment does not result in a significant reduction in the margin of safety. The total core TIP reading uncertainties will remain with the assumptions of the licensing basis, thus, the margin of safety to the MCPR safety limits is not reduced. The ability of the computer to accurately represent nodal powers in the reactor core is not compromised. The ability of the computer to accurately predict the LHGR, APLHGR, MCPR, and its ability to provide for LPRM calibration, is not compromised. Therefore, the margin of safety 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 15 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 15-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 15-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. 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 Publication 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 August 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 the Appling County Public Library, 301 City Hall Drive, Baxley, Georgia 31513. 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 a 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 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 the amendment is issued before the expiration of the 30-day hearing period, the Commission will make a final determination on the issue of no significant hazards consideration. If a hearing is requested, 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 Earnest L. Blake, Jr., Esquire, Shaw, Pittman, Potts and Trowbridge, 2300 N Street, NW., Washington, DC 20037, 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 July 19, 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 Appling County Public Library, 301 City Hall Drive, Baxley, Georgia 31513. Dated at Rockville, Maryland, this 20th day of July 1994. For the Nuclear Regulatory Commission. Kahtan N. Jabbour, Project Manager, Project Directorate II-3, Division of Reactor Projects--I/II, Office of Nuclear Reactor Regulation. [FR Doc. 94-17984 Filed 7-21-94; 8:45 am] BILLING CODE 7590-01-M