[Federal Register Volume 66, Number 208 (Friday, October 26, 2001)]
[Notices]
[Pages 54301-54303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-26945]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-321 and 50-366]


Southern Nuclear Operating Company, Inc. et al.; Notice of 
Consideration of Issuance of Amendments toFacility Operating License, 
Proposed No Significant HazardsConsideration Determination, and 
Opportunity for a Hearing

    The U.S. Nuclear Regulatory Commission (the Commission) is 
considering issuance of amendments to Facility Operating License Nos. 
DPR-57 and NFP-5 issued to Southern Nuclear Operating Company, Inc. et 
al., (the licensee) for operation of the Edwin I. Hatch Nuclear Plant, 
Units 1 and 2, located in Appling County, Georgia.
    The proposed amendments would revise the Technical Specifications 
to allow the main control room boundary to be opened intermittently 
under administrative controls and to allow 24 hours to restore the main 
control room boundary to Operable status before requiring the plant to 
perform an orderly shutdown.
    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.
    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 amendments 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 involve the Main Control Room Environmental 
(MCREC) system which provides a radiologically controlled 
environment from which the plant can be operated following a design 
basis accident (DBA). Therefore, the MCREC system is not assumed to 
be the initiator of any analyzed accident. The proposed changes 
allow the main control room boundary to be opened intermittently 
under administrative control, and allow 24 hours to restore the main 
control room boundary to Operable status before requiring the plant 
to perform an orderly shutdown. The 24 hour Completion Time is 
reasonable based on the low probability of a DBA occurring during 
this time period and SNC's commitment to implement, via 
administrative controls, appropriate compensatory measures 
consistent with the intent of 10 CFR 50, Appendix A, General Design 
Critieria (GDC) 19. These compensatory measures minimize the 
consequences of an open main control room boundary and assure that 
MCREC system can continue to perform its function. As such, these 
changes will not affect the function or operation of any other 
systems, structures, or components.
    2. The proposed changes do not create the possibility of a new 
or different kind of accident from any accident previously evaluted.
    The proposed changes allow the main control room boundary to be 
opened intermittently under administrative control, and allow 24 
hours to restore the main control room boundary to Operable status 
before requiring the plant to perform an orderly shutdown. The 24 
hour Completion Time is reasonable based on the low probability of a 
DBA occurring during this time period and SNC's commitment to 
implement, via administrative controls, appropriate compensatory 
measures consistent with the intent of 10 CFR 50, Appendix A, GDC 
19. These compensatory measures minimize the consequences of an open 
main control room boundary and assure that the MCREC system can 
continue to perform its function. As such, these changes will not 
affect the function or operation of any other systems, structures, 
or components.
    3. The propose changes do not involve a significant reduction in 
a margin of safety.
    The proposed changes allow the main control room boundary to be 
opened intermittently under administrative control, and allow 24 
hours to restore the main control room boundary to Operate status 
before requiring the plant to perform an orderly shutdown. The 24 
hour Completion Time is reasonable based on the low probability of a 
DBA occurring during this time period and SNC's commitment to 
implement, via administrative controls, appropriate compensatory 
measures consistent with the intent of 10 CFR 50, Appendix A, GDC 
19. These compensatory measures minimize the consequences of an open 
main control room boundary and assure that the MCREC system can 
continue to perform its function such that compliance with GDC 19 is 
maintained.

    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 amendments 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 amendments before the expiration 
of the 30-day notice period, provided that its final determination is 
that the amendments involve 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

[[Page 54302]]

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. Documents may 
be examined, and/or copied for a fee, at the NRC's Public Document 
Room, located at One White Flint North, 11555 Rockville Pike (first 
floor), Rockville, Maryland.
    The filing of requests for hearing and petitions for leave to 
intervene is discussed below.
    By November 26, 2001, the licensee may file a request for a hearing 
with respect to issuance of the amendments 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, located at One 
White Flint North, 11555 Rockville Pike (first floor), Rockville, 
Maryland, or electronically on the Internet at the NRC Web site http://www.nrc.gov/NRC/CFR/index.html. If there are problems in accessing the 
document, contact the Public Document Room Reference staff at 1-800-
397-4209, 301-415-4737, or by e-mail to [email protected]. 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 
amendments and make it immediately effective, notwithstanding the 
request for a hearing. Any hearing held would take place after issuance 
of the amendments.
    If the final determination is that the amendment request involves a 
significant hazards consideration, any hearing held would take place 
before issuance of the amendments.
    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, located at One White Flint North, 11555 Rockville Pike 
(first floor), Rockville, Maryland, 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 Ernest 
L. Blake, Jr., Esquire, Shaw Pittman, Pott and Trowbridge, 2300 N 
Street, NW., Washington, DC, 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 October 8, 2001, which is available for 
public inspection at the Commission's Public Document Room, located at 
One White Flint North, 11555 Rockville Pike (first floor), Rockville, 
Maryland.
    Publicly available records will be accessible from the Agencywide 
Documents Access and Management Systems (ADAMS) Public Electronic 
Reading Room on the Internet at the NRC Web site, http://www.nrc.gov/NRC/ADAMS/index.html. If you do not have access to ADAMSor if there are 
problems in accessing the documents located in ADAMS, contact the NRC 
Public Document Room Reference staff at 1-800-397-4209, 301-415-4737 or 
by e-mail to [email protected].

    Dated at Rockville, Maryland, this 19th day of October 2001.


[[Page 54303]]


    For the Nuclear Regulatory Commission.
Leonard N. Olshan,
Project Manager, Section 1, Project Directorate II, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 01-26945 Filed 10-25-01; 8:45 am]
BILLING CODE 7590-01-P