[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