[Federal Register Volume 63, Number 144 (Tuesday, July 28, 1998)]
[Notices]
[Pages 40323-40324]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-20108]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-260 and 50-296]


Tennessee Valley Authority; Notice of Consideration of Issuance 
of Amendment to Facility Operating Licenses and Opportunity for a 
Hearing

    The U.S. Nuclear Regulatory Commission (NRC, the Commission) is 
considering issuance of an amendment to Facility Operating License Nos. 
DPR-52 and DPR-68 issued to the Tennessee Valley Authority (TVA or the 
licensee) for operation of the Browns Ferry Nuclear Plant (BFN), Units 
2 and 3, located in Limestone County, Alabama.
    Presently, the BFN Units 2 and 3 are licensed to operate at a 
maximum rated thermal power of 3293 Mwt. By letter dated October 1, 
1997, as supplemented October 14, 1997, March 16, April 1 and 28, May 1 
and 20, 1998, the licensee proposed changes to the BFN Units 2 and 3 
Technical Specifications (TS) to allow operation of the Units at the 
uprated power level of 3458 Mwt which represents a proposed power level 
increase of 5 percent. The licensee proposed several TS changes to 
revise the rated thermal power value, flow, pressure and temperature 
values for various systems and structures, relief valve setpoints and 
associated surveillance requirements to reflect operation of the BFN 
Units 2 and 3 at the increased power level. The licensee's request was 
noticed in the Federal Register on June 9, 1998 (63 FR 31533).
    By letter dated June 26, 1998, as supplemented July 17, 1998, the 
licensee proposed additional TS changes to its original power uprate 
application. The licensee proposed to add a new Limiting Condition for 
Operation (LCO) 3.4.10, and associated TS Bases changes. These changes 
are related to operating limit for reactor steam dome pressure. 
Accordingly, this notice supplements the previous notice 63 FR 31533. 
For further details with respect to this action, see the application 
for amendments dated June 26, and July 17, 1998.
    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.
    By August 27, 1998, 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 Athens Public Library, 405 E. South 
Street, Athens, 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 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

[[Page 40324]]

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.
    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 General Counsel, Tennessee Valley 
Authority, 400 West Summit 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).
    If a request for a hearing is received, the Commission's staff may 
issue the amendment after it completes its technical review and prior 
to the completion of any required hearing if it publishes a further 
notice for public comment of its proposed finding of no significant 
hazards consideration in accordance with 10 CFR 50.91 and 50.92. For 
further details with respect to this action, see the application for 
amendments dated June 26, and July 17, 1998 which are 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 Athens Public Library, 405 E. South 
Street, Athens, Alabama.

    Dated at Rockville, Maryland, this 22nd day of July 1998.

    For the Nuclear Regulatory Commission.
L. Raghavan,
Senior Project Manager, Project Directorate II-3, Division of Reactor 
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 98-20108 Filed 7-27-98; 8:45 am]
BILLING CODE 7590-01-P