[Federal Register Volume 64, Number 147 (Monday, August 2, 1999)]
[Notices]
[Pages 41973-41975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19697]


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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 (SQN), Units 1 
and 2, located in Hamilton County, Tennessee.
    The proposed amendment would change the SQN Technical Specification 
(TS) requirements, Sections 3.8.2.1 and 3.8.2.2, by providing an 
allowance to use a fully qualified and tested spare vital bus 
electrical inverter in place of any of the eight normal inservice 
inverters.
    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:

    A. The proposed amendment does not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated
    The proposed changes to the onsite power distribution systems of 
the SQN TSs will not alter the safety function of the inverters or 
the 120-V [volt] vital instrument power boards. While additional 
automatic and manual transfer capabilities have been added, the 
function of the inverters will remain the same and the availability 
of a spare inverter will provide improved capability to tolerate 
inverter failures and support maintenance activities. These 
improvements will reduce the potential for unit trips and required 
shutdowns as a result of inverter failures. The new design, along 
with the operating requirements, have been evaluated and determined 
to not present the potential to increase the probability of an 
accident. In addition, the inverters and the associated 120-V vital 
instrument power boards are utilized to support instrumentation that 
monitor critical plant parameters to aid in the detection of 
accidents and to support the mitigation of accidents, but are not 
considered to be an initiator of a design basis accident. Therefore, 
the probability of an accident is not increased by the proposed 
changes to the TSs and the potential for unit shutdowns will be 
minimized.
    The functions of the inverters remain the same based on the 
proposed change to the TSs. Other design changes, that are 
independent of the requested change, will improve the ability of the 
inverters to supply power for the identification and mitigation of 
accidents. Since the inverter functions and their operation will not 
be affected by the proposed TS change, the consequences of an 
accident will not be increased although the consequences should be 
further minimized as a result of the inverter design changes.
    B. The proposed amendment does not create the possibility of a 
new or different kind of accident from any accident previously 
evaluated.
    The inverters and the 120-V vital instrument power boards are 
not considered to be an initiator of a design basis accident. These 
features provide power to instrumentation that support the 
identification and mitigation of accidents as well as system control 
functions during normal plant operations. The functions of the 
inverters are not altered by the proposed TS change and will not 
create the possibility of a new or different accident.
    C. The proposed amendment does not involve a significant 
reduction in a margin of safety.
    The plant setpoints and limits that are utilized to ensure safe 
operation and detect accident conditions are not impacted by the 
proposed TS change. The inverters and 120-V vital instrument power 
boards will continue to provide reliable power to the safety-related 
instrumentation for the identification and mitigation of accidents 
and in support of plant operation. The ability to utilize spare 
inverters that can provide the desired level of redundancy will 
enhance the safety functions during periods of inverter maintenance 
or failure that would otherwise have to rely on a single power 
source without a backup source. Therefore, the margin of safety is 
not reduced based on the additional capability to utilize a spare 
inverter that enhances the level of safety without change to plant 
safety limits.

    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

[[Page 41974]]

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 and 
Directives Branch, Division of Administrative 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 6D59, 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 1, 1999, 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, 1001 
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 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 General Counsel, Tennessee Valley 
Authority, 400 West Summit Hill Drive, ET10H, 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 June 24, 1999, which

[[Page 41975]]

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 July 1999.

    For the Nuclear Regulatory Commission.
Ronald W. Hernan,
Senior Project Manager, Section 2, Project Directorate II, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 99-19697 Filed 7-30-99; 8:45 am]
BILLING CODE 7590-01-P