[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