[Federal Register Volume 60, Number 166 (Monday, August 28, 1995)]
[Notices]
[Pages 44517-44519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21287]



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


Sequoyah Nuclear Plant, Units 1 and 2; 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 or the 
licensee), for operation of the Sequoyah Nuclear Plant (SQN), Units 1 
and 2 located in Soddy-Daisy, Tennessee.
    The proposed amendments would change Technical Specification 
3.7.5.c to allow an increase in the average essential raw cooling water 
supply header temperature from 84.5  deg.F to 87  deg.F until September 
30, 1995.
    Exigent circumstances arose due to significant increases in the 
average water temperature of the Tennessee River (Chickamauga 
Reservoir), which serves as the ultimate heat sink (UHS) for the 
Sequoyah Nuclear Plant (SQN) Units 1 and 2. This temperature, as 
measured at SQN's ERCW header, increased and on August 18, 1995, 
reached 83  deg.F. This high temperature is the result of daytime 
temperatures that remain above 90  deg.F. Continuing daytime high 
temperatures in the upper 90's are expected to cause the average ERCW 
temperature to increase at a rate of 0.5  deg.F per day. TS 3.7.5.c 
currently limits this temperature to less than or equal to 

[[Page 44518]]
84.5  deg.F when the water level is above elevation 680 feet mean sea 
level.
    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:

    TVA has evaluated the proposed technical specification (TS) 
change 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 probability of occurrence or the consequences of an accident 
are not increased as presently analyzed in the safety analysis since 
the objective of the event mitigation is not changed. No changes in 
event classification as discussed in Final Safety Analysis Report 
Chapter 15 will occur due to the increased river water temperature 
(with respect to both containment integrity and safety-system heat 
removal). Therefore, the probability of an accident or malfunction 
of equipment presently evaluated in the safety analyses will not be 
increased. The containment design pressure is not challenged by 
allowing an increase in the river water temperature above that 
allowed by the TSs, thereby ensuring that the potential for 
increasing offsite dose limits above those presently analyzed at the 
containment design pressure of 12 pounds per square inch is not a 
concern. Therefore, the variance to TS 3.7.5.c will not increase the 
consequences previously evaluated and reported for the containment 
analysis.
    2. Create the possibility of a new or different kind of accident 
from ant previously analyzed.
    The possibility of a new or different accident situation 
occurring as a result of this condition is not created. The 
essential raw cooling water (ERCW) system is not an initiator of any 
accident and only serves as a heat sink for normal and upset plant 
conditions. By allowing this change in operating temperatures, only 
the assumptions in the containment pressure analysis are changed. 
The variance in the ERCW temperature results in minimal increase in 
peak containment accident pressure. As for the net positive suction 
head requirements relative to the essential core cooling system and 
containment spray system, it has been demonstrated that this 
operational variance will not challenge the present design 
requirements. Therefore, the potential for creating a new or 
unanalyzed condition is not created.
    3. Involve a significant reduction in a margin of safety.
    The margin of safety as reported in the basis for the TSs is 
also not reduced. The design pressure for the containment and all 
supporting equipment and components for worse-case accident 
condition is 12.0 pounds per square inch guage (psig). This variance 
in river water temperature will not challenge the design condition 
of containment. Further, 12.0 psig design limit is not the failure 
point of containment, which would lead to the loss of containment 
integrity. Therefore, a significant reduction in the margin to 
safety is not created by this variance.

    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 Publications 
Services, Office of Administration, U.S. Nuclear Regulatory Commission, 
Washington, DC, 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 September 12, 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 Chattanooga-Hamilton County Library, 1101 
Broad Street, Chattanooga, Tennessee. 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 

[[Page 44519]]
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 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, 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, and to General Council, 
Tennessee Valley Authority, ET 11H, 400 West Summit Hill Drive, 
Knoxville, Tennessee, 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 21, 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.

    Dated at Rockville, Md., this 22nd day of August 1995.

    For the Nuclear Regulatory Commission.
David E. LaBarge, Sr.,
Project Manager, Project Directorate II-3, Division of Reactor 
Projects-I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 95-21287 Filed 8-25-95; 8:45 am]
BILLING CODE 7590-01-P