[Federal Register Volume 68, Number 51 (Monday, March 17, 2003)]
[Notices]
[Pages 12718-12720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-6289]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-327]


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 (NRC or the Commission) is 
considering issuance of an amendment to Facility Operating License DPR-
77 issued to the Sequoyah Nuclear Plant (SQN) for operation of Unit 1 
located in Hamilton County, Tennessee.
    The proposed amendment would revise the SQN, Unit 1, Updated Final 
Safety Analysis Report (UFSAR). The revision provides an alternative 
methodology using a Bar-Lock Mechanical Splice in lieu of the Cadweld 
splice used in the original design and construction of the Unit 1 
concrete shield building dome. This proposed Bar-Lock mechanical splice 
is described in Topical Report No. 24370-TR-C-001, ``Alternate Rebar 
Splice--Bar-Lock Mechanical Splices,'' and is requested for 
implementation upon the restoration of the dome as part of the upcoming 
steam generator replacement project for SQN, Unit 1.
    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 title 10 of the Code of Federal Regulations 
(10 CFR), section 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. Does the proposed change involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    No. No changes in event classification, as discussed in UFSAR 
chapter 15, will occur due to use of the Bar-Lock couplers.
    The restoration of the temporary concrete construction openings 
in the shield building will utilize Bar-Lock couplers to splice new 
rebar to the existing rebar. The shield building structure limits 
the release of radioactivity following an accident and protects the 
systems, structures, and components inside containment from external 
events. The accidents of interest are those that rely on the shield 
building to limit the release of radioactivity to the environment, 
and those that result from some external events. The design of the 
shield building is such that it is not postulated to fail and 
initiate an accident described in the UFSAR.
    The Bar-Lock coupler qualification tests detailed in Topical 
Report 24370-TR-C-001 demonstrate that the Bar-Lock coupler meets 
the American Society of Mechanical Engineers (ASME) strength 
requirements and is, therefore, acceptable for use in nuclear 
safety-related applications. Based on these test results, it is 
concluded that use of the Bar-Lock couplers in restoring the 
temporary

[[Page 12719]]

concrete construction openings will not reduce the structural 
capability of the repaired structure. The shield building will 
continue to perform its design function as described in the SQN 
UFSAR.
    Therefore, the proposed use of the Bar-Lock couplers will not 
significantly increase the probability or consequences of an 
accident previously evaluated.
    2. Does the proposed change create the possibility of a new or 
different kind of accident from any accident previously evaluated?
    No. The design of the shield building is such that it is not 
postulated to fail and initiate an accident described in the UFSAR. 
The Bar-Lock couplers are passive devices and as such will not 
initiate or cause an accident.
    The restoration of the temporary concrete construction openings 
in the shield building will utilize Bar-Lock couplers to splice new 
rebar to the existing rebar. The Bar-Lock coupler qualification 
tests detailed in Topical Report 24370-TR-C-001 demonstrate that the 
Bar-Lock coupler meets the ASME strength requirements and is, 
therefore, acceptable for use in nuclear safety-related 
applications. Based on these test results, it is concluded that use 
of the Bar-Lock couplers in restoring the temporary concrete 
construction openings will not reduce the structural capability of 
the shield building. The shield building will, therefore, continue 
to perform its design functions as described in the SQN UFSAR.
    Therefore, the possibility of a new or different accident 
situation occurring as a result of this condition is not created.

    3. Does the proposed change involve a significant reduction in a 
margin of safety?
    No. As indicated in the SQN UFSAR, the structural design of the 
shield building is in compliance with the American Concrete 
Institute (ACI) 318-63 building code working stress design 
requirements. The reinforcing steel conforms to the requirements of 
ASTM (American Society for Testing and Materials) A 615, Grade 60. 
The SQN UFSAR states that reinforcing bars were lap spliced in 
accordance with ACI 318-63 requirements for Strength Design.
    The restoration of the temporary concrete construction openings 
in the shield building will utilize Bar-Lock couplers to splice new 
rebar to the existing rebar. The restoration of the construction 
openings, including use of the Bar-Lock couplers, will conform to 
the requirements of ACI 318. Therefore, following completion of the 
modification, the shield building will continue to comply with ACI 
318 requirements.
    In addition to conforming to ACI 318 requirements, the Bar-Lock 
coupler qualification tests detailed in Topical Report 24370-TR-C-
001 demonstrate that the Bar-Lock coupler meets the ASME strength 
requirements.
    Therefore, a significant reduction in the margin to safety is 
not created by this modification.

    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 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. Documents may 
be examined, and/or copied for a fee, at the NRC's Public Document 
Room, located at One White Flint North, Public File Area O1 F21, 11555 
Rockville Pike (first floor), Rockville, Maryland.
    The filing of requests for hearing and petitions for leave to 
intervene is discussed below.
    By April 16, 2003, 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,\1\ 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/reading-rm/doc-collections/cfr/. 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.
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    \1\ The most recent version of title 10 of the Code of Federal 
Regulations, published January 1, 2002, inadvertently omitted the 
last sentence of 10 CFR 2.714(d) and subparagraphs (d)(1) and (2), 
regarding petitions to intervene and contentions. For the complete, 
corrected text of 10 CFR 2.714(d), please see 67 FR 20884; April 29, 
2002.
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    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

[[Page 12720]]

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 (PDR), located at One White Flint North, Public File Area 
O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland, by the 
above date. Because of the continuing disruptions in delivery of mail 
to United States Government offices, it is requested that petitions for 
leave to intervene and requests for hearing be transmitted to the 
Secretary of the Commission either by means of facsimile transmission 
to 301-415-1101 or by e-mail to [email protected]. A copy of the 
petition for leave to intervene and request for hearing should also be 
sent to the Office of the General Counsel, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, and because of continuing 
disruptions in delivery of mail to United States Government offices, it 
is requested that copies be transmitted either by means of facsimile 
transmission to 301-415-3725 or by e-mail to [email protected]. A 
copy of the request for hearing and petition for leave to intervene 
should also be sent to General Counsel, Tennessee Valley Authority, 400 
West Summit Hill Drive, ET 11A, 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 February 14, 2003, which is available 
for public inspection at the Commission's PDR, located at One White 
Flint North, File Public Area O1 F21, 11555 Rockville Pike (first 
floor), Rockville, Maryland. Publicly available records will be 
accessible from the Agencywide Documents Access and Management System's 
(ADAMS) Public Electronic Reading Room on the Internet at the NRC Web 
site, http://www.nrc.gov/reading-rm/adams.html. Persons who do not have 
access to ADAMS or who encounter problems in accessing the documents 
located in ADAMS, should contact the NRC PDR Reference staff by 
telephone at 1-800-397-4209, 301-415-4737, or by e-mail to [email protected].

    Dated in Rockville, Maryland, this 11th day of March 2003.

    For the Nuclear Regulatory Commission.
Raj K. Anand,
Project Manager, Section 2, Project Directorate II, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 03-6289 Filed 3-14-03; 8:45 am]
BILLING CODE 7590-01-P