[Federal Register Volume 60, Number 5 (Monday, January 9, 1995)]
[Notices]
[Pages 2404-2406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-535]



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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-327 and 50-328]


Tennessee Valley Authority Sequoyah Nuclear Plant, Units 1 and 2; 
Consideration of Issuance of Amendments 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 or the 
licensee), for operation of the Sequoyah Nuclear Plant, Units 1 and 2 
located in Soddy-Daisy, Tennessee.
    The proposed amendments would add a permissive statement to 
Surveillance Requirement 4.9.7.1 that will allow the auxiliary building 
bridge crane interlocks and physical stops to be defeated during 
implementation of the spent fuel pool (SFP) storage capacity increase 
modification (rerack). This modification was approved by Amendment Nos. 
167 and 157 for Unit 1 and Unit 2 respectively, dated April 28, 1993.
    The original request and subsequent amendments described the 
implementation of the SFP storage capacity increase modification in 
detail, but did not explicitly address the need to actually bypass the 
crane interlocks and remove the physical stops. This need was implied 
since the crane would have to be positioned above the SFP to remove and 
replace the racks. However, when the reracking began, a concern was 
raised that the inability to perform the crane interlock and physical 
stops surveillance test was not explicitly allowed by the amendments or 
the technical specifications. As a result, the reracking has been 
stopped at considerable expense to the utility and will result in 
schedule slippage. Also, the components are in an interrum 
configuration with equipment and tools temporarily in a standby status. 
Since it is desirable to complete the modification without delay in 
order to ensure adequate off-load capability, the amendments are being 
processed on an exigent basis. [[Page 2405]] 
    Before issuance of the proposed license amendments, 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 amendments 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:

    TVA has evaluated the proposed technical specification (TS) 
charge and has determined that it does not represent a significant 
hazards consideration based on criteria established in 10 CFR 
50.92(c). 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 SQN TSs prohibit loads in excess of 2100 pounds from travel 
over fuel assemblies in the spent-fuel pool and require the 
associated crane interlocks and physical stops to be periodically 
demonstrated operable. During the installation process, the crane 
interlocks and physical stops must be defeated to allow the removal 
and installation of racks and associated tools to be moved over the 
spent-fuel pool. Additionally, administrative controls are in place 
to return the crane interlocks and physical stops to an operable 
status after each phase of crane use. It should be noted movement 
over fuel in the spent-fuel pool is prohibited. Therefore, the 
defeat of the interlocks and physical stops 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.
    A fuel movement and rack change-out sequence has been developed 
that illustrates that it will not be necessary to carry existing or 
new racks over fuel in the cask loading area or any region of the 
pool containing fuel. A lateral-free zone clearance from stored fuel 
shall be maintained.
    Accordingly, it can be concluded that the bypassing of the 
interlocks and removal of the physical stops 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 SQN rerack project will ensure maximum emphasis to mitigate 
the potential load-drop accident by implementing measures to 
eliminate shortcomings in all aspects of the operation. Elimination 
of shortcomings will be accomplished by comprehensive training of 
the installation crew, redundancies built in lifting devices, 
procedures to address each phase of the project, and prohibitions of 
lifts over fuel assemblies in the spent-fuel pool. Therefore, 
defeating the crane interlock and physical stops to perform the 
required lifts does not involve a significant reduction in a 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 proposed 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 amendments 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 amendments involve 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 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.
    The filing of requests for hearing and petitions for leave to 
intervene is discussed below.
    By January 24, 1995, 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 Chatanooga-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 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 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 [[Page 2406]] 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, 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 Mr. Frederick J. Hebdon: 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 General 
Council, Tennessee Valley Authority, ET 11H, 400 West Summit Hill 
Drive, 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 January 3, 1995, 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, 1101 
Broad Street, Chattanooga, Tennessee 37402.

    Dated at Rockville, Maryland, this 4th day of January 1995.

    For the Nuclear Regulatory Commission.
David E. LaBarge,
Sr. Project Manager, Project Directorate II-4, Division of Reactor 
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 95-535 Filed 1-6-95; 8:45 am]
BILLING CODE 7590-01-M