[Federal Register Volume 62, Number 127 (Wednesday, July 2, 1997)]
[Notices]
[Pages 35843-35844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-17295]



[[Page 35843]]

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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-327 and 50-328]


Tennessee Valley Authority; 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. 
DPR-77 and DPR-79 issued to the Tennessee Valley Authority (TVA, the 
licensee) for operation of the Sequoyah Nuclear Plant, Units 1 and 2 
located in Hamilton County, Tennessee. This action is being considered 
in response to a TVA amendment request dated September 26, 1996.
    The proposed amendments would remove the fire protection license 
condition for each unit and relocate various fire protection details 
from the Sequoyah Technical Specifications (TSs) to the Sequoyah Fire 
Protection Report, which is referenced in the Sequoyah Final Safety 
Analysis Report (FSAR). Guidelines for relocation of fire protection 
details were provided in NRC Generic Letter (GL) 88-12, dated August 2, 
1988. The amendments would remove fire protection requirements from the 
TSs in four major areas: (1) Fire detection systems, (2) fire 
suppression systems, (3) fire barriers, and (4) fire brigade staffing 
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:

    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 proposed TS change implements the guidance of NRC Generic 
Letter 86-10, ``Implementation of Fire Protection Requirements,'' 
and GL 88-12, ``Removal of Fire Protection Requirements from the 
Technical Specifications.'' TVA's proposed change is administrative 
in nature since no technical requirements are being changed. The 
current technical specifications associated with fire protection are 
removed and are relocated to the SQN FSAR. In addition, 
implementation of the proposed standard fire protection license 
condition provides assurance that any future changes to the SQN Fire 
Protection Program would not adversely affect the ability to achieve 
and maintain safe shutdown in the event of a fire. Since the 
technical content of the Fire Protection requirements have not 
changed, this amendment 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.
    The proposed changes to the fire protection requirements in this 
proposed amendment are administrative in nature. Technical 
requirements associated with SQN's Fire Protection Systems have not 
been altered. Accordingly, the amendment 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 technical requirements for fire protection are relocated 
from the TSs to the FSAR by reference to the Fire Protection Report 
for Sequoyah Nuclear Plant. This report was submitted to NRC by 
letter dated August 30, 1996. The report contains the technical 
requirements for SQN's Fire Protection Program. Under TVA's proposed 
TS change, the operational conditions, testing and remedial action 
requirements, that are removed from TSs and relocated to the Fire 
Protection Report remain unchanged. The existing plant procedures 
will continue to provide the specific instructions for implementing 
these technical requirements. Since technical requirements are not 
changed, the proposed change does not involve a reduction in the 
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 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 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 August 4, 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 Chattanooga-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

[[Page 35844]]

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 20555-0001, Attention: Rulemakings and 
Adjudications Staff, or may be delivered to the Commission's Public 
Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC, 
by the above date. 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 the General Counsel, Tennessee Valley 
Authority, 400 West Summit Hill Drive, ET 10H, 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 September 26, 1996, 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, 1001 Broad Street, Chattanooga, Tennessee 37402.

    Dated at Rockville, Maryland, this 26th day of June 1997.

    For the Nuclear Regulatory Commission.
Ronald W. Hernan,
Senior Project Manager, Project Directorate II-3, Division of Reactor 
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 97-17295 Filed 7-1-97; 8:45 am]
BILLING CODE 7590-01-P