[Federal Register Volume 62, Number 44 (Thursday, March 6, 1997)]
[Notices]
[Pages 10294-10296]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5507]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-348 and 50-364]


Southern Nuclear Operating Company, Inc.; 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 amendments to Facility Operating License Nos. 
NPF-2 and NPF-8, issued to Southern Nuclear Operating Company, Inc. 
(the licensee), for operation of the Joseph M. Farley Nuclear Plant, 
Units 1 and 2, located in Houston County, Alabama.
    The proposed amendments would revise and clarify surveillance 
requirements for the Control Room Emergency Filtration System, the 
Penetration Room Filtration System, and the Containment Purge Exhaust 
Filter System.
    This requested Technical Specification (TS) change is a followup to 
a Notice of Enforcement Discretion (NOED) granted to the licensee that 
is in effect for the period from 1:27 p.m. Eastern Standard Time on 
February 26, 1997, until approval of this exigent TS request and full 
implementation of the amendments within 30 days of its issuance. NRC 
Inspection Manual, Part 9900, ``Operations--Notices of Enforcement 
Discretion,'' requires that a followup TS amendment be issued within 4 
weeks from the issuance of the NOED.
    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 requested 
amendments involve 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:

    1. The proposed changes do not involve a significant increase in 
the probability or consequences of an accident previously evaluated.
    The proposed changes to convert from ANSI N510-1980 to ASME 
N510-1989 for specific FNP [Farley Nuclear Plant] filtration 
surveillance testing requirements do not affect the probability of 
any accident occurring. The consequences of any accident will not be 
affected since the proposed change will continue to ensure that 
appropriate and required surveillance testing for FNP filtration 
systems will be performed. Relocating specific testing requirements 
to the FNP FSAR [Final Safety Analysis Report] has no effect on the 
probability or consequences of any accident previously evaluated 
since required testing will continue to be performed.
    Therefore, the proposed TS changes do not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.

[[Page 10295]]

    2. The proposed changes do not create the possibility of a new 
or different kind of accident from any accident previously 
evaluated.
    Testing differences between ANSI N510-1980 and ASME N510-1989 
have been evaluated by SNC [Southern Nuclear Operating Company, 
Inc.] and none of the proposed changes have the potential to create 
an accident at FNP. ANSI N510-1989 has been endorsed and approved by 
the NRC for licensee use in NUREG 1431. No new system design or 
testing configuration is being proposed that could create the 
possibility of any new or different kind of accident from any 
accident previously evaluated. Relocating specific testing 
requirements to the FSAR has no effect on the possibility of 
creating a new or different kind of accident from any accident 
previously evaluated since it is an administrative change in nature.
    Therefore, the proposed changes do not create the possibility of 
a new or different kind of accident from any accident previously 
evaluated.
    3. The proposed changes do not involve a significant reduction 
in a margin of safety.
    Conversion from the testing requirements of ANSI N510-1980 
sections 5, 8, and 14 to ASME N510-1989 sections 5, 8, and 14 has 
been previously approved by the NRC at other nuclear facilities. 
ASME N510-1989 has been approved and endorsed by the NRC in NUREG 
1431. Relocating specific testing requirements to the FSAR has no 
effect on the margin of plant safety since required testing will 
continue to be performed. Therefore, SNC concludes based on the 
above, that the proposed changes do not result in a significant 
reduction of margin with respect to plant safety as defined in the 
Final Safety Analysis Report or the bases of the FNP technical 
specifications.
    Therefore, the proposed changes do 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 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 14 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 14-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 14-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 Chief, Rules 
Review and Directives Branch, Division of Freedom of Information and 
Publications Services, Office of Administration, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, 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 April 7, 1997, 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 Houston-Love Memorial Library, 212 W. 
Burdeshaw Street, Post Office Box 1369, Dothan, Alabama. 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 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

[[Page 10296]]

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 20555-0001, 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 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 20555-0001, and to M. 
Stanford Blanton, Esq., Balch and Bingham, Post Office Box 306, 1710 
Sixth Avenue North, Birmingham, Alabama 35201, 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 amendments dated February 24, 1997, 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 Houston-Love Memorial Library, 212 
W. Burdeshaw Street, Post Office Box 1369, Dothan, Alabama.

    Dated at Rockville, Maryland, this 28th day of February 1997.

    For the Nuclear Regulatory Commission.
Jacob I. Zimmerman,
Project Manager, Project Directorate II-2, Division of Reactor 
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 97-5507 Filed 2-5-97; 8:45 am]
BILLING CODE 7590-01-P