[Federal Register Volume 68, Number 73 (Wednesday, April 16, 2003)]
[Notices]
[Pages 18712-18714]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-9315]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-390]


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 No. 
NPF-90, issued to Tennessee Valley authority (TVA the licensee), for 
operation of the Watts Bar Nuclear Plant (WBN), Unit 1, located in Rhea 
County, Tennessee.
    The proposed amendment would revise, for one time only, a portion 
of Surveillance Requirement (SR) 3.5.2.3 of the Watts Bar Technical 
Specifications (TS) for the emergency core cooling system (ECCS). The 
revision would extend, until the refueling outage in the fall of 2003, 
the verification that the ECCS safety injection hot leg injection lines 
are full of water. SR 3.5.2.3 currently requires a verification 
frequency of 31 days.
    The reason for the exigency is due to an emergent issue that 
occurred when recent ultrasonic testing of the safety injection system 
hot leg injection piping identified a quantity of gas at the piping 
high points. TVA stated that it could not have reasonably avoided this 
exigency. Until questions were raised on the way this SR was performed, 
TVA had no indication that the safety injection system hot leg 
injection lines had accumulated gas.
    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.
    Pursuant to 10 CFR 50.91(a)(6), for amendments to be granted under 
exigent circumstances, the NRC staff must determine 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

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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. The design function of the emergency core cooling system 
(ECCS) is to provide core cooling and reactivity control for various 
design bases accidents. With gas potentially entrained in the safety 
injection system hot leg injection piping, the primary 
considerations would be maintenance of adequate core cooling and 
prevention of water hammer resulting from initiation of flow to the 
reactor core for mitigation of a design basis event. In the event of 
a postulated large break loss of coolant accident (LBLOCA), the 
reactor coolant system (RCS) will de-pressurize rapidly, ECCS 
injection from the refueling water storage tank (RWST) will occur, 
followed by cold leg recirculation, and then hot leg recirculation. 
No flow will exist in the hot leg injection piping until hot leg 
recirculation is initiated.
    TVA reviewed the Nuclear Steam Supply System (NSSS) vendor's 
previous bounding evaluation performed on the effects of injecting 
the nitrogen gas contained in the four safety injection system 
accumulators into the RCS following a LOCA. The mass of nitrogen for 
the accumulators assumed to be injected into the RCS is 
significantly greater than the mass of gas that could reasonably be 
expected to exist in the safety injection hot leg injection lines. 
Therefore, the injection of the postulated gas in the hot leg 
injection lines would have an insignificant effect on the cooldown 
of the RCS in the hot leg recirculation mode.
    If a layer of gas existed, it would flow to the core by mixing 
with the water in the line. If a solid bubble were conservatively 
assumed with the RCS depressurized, the pressure from the pump would 
push any entrained gas to the RCS hot legs as the hot leg injection 
valves opened and the safety injection pump came up to operating 
speed. The two separated water volumes would travel to the RCS hot 
legs at near the same velocity and would not impact one another. No 
significant water hammer would occur.
    For the design basis small break LOCA (SBLOCA) and the SBLOCA 
that is smaller than the design basis 4-inch pipe size break, the 
hot leg swapover is the same, although delayed, for the SBLOCA 
scenario as for the LBLOCA. No significant water hammer would occur.
    Therefore, the proposed change does not involve a significant 
increase in 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 proposed change to the WBN TS and its associated bases 
do not introduce any new accident initiator mechanisms. The 
exclusion of hot leg injection piping from the ECCS water inventory 
surveillance does not cause the initiation of any accident nor 
create any new credible limiting single failure. Further, the change 
does not result in any event previously deemed incredible being made 
credible since, as discussed above, there are no new adverse impacts 
associated with the introduction of gas into the reactor core from 
those previously evaluated. Further, there is no adverse impact 
created by a potential water hammer situation.
    Therefore, the proposed change does not create the possibility 
of a new or different kind of accident from any previously 
evaluated.
    3. Does the proposed change involve a significant reduction in a 
margin of safety.
    No. The exclusion of safety injection system hot leg injection 
piping from the ECCS water inventory surveillance does not result in 
a condition where the design, material, and construction standards 
that were acceptable prior to this change are altered. The potential 
to introduce gas from the hot leg injection piping into the reactor 
core during postulated large and small break LOCA accidents does not 
adversely affect design assumptions for emergency core cooling or 
reactivity control. Since adverse water hammer events are not 
postulated, the proposed changes to TS and its associated Bases will 
have no affect on the availability, operability, or performance of 
the WBN ECCS systems. Therefore, the subject change does not involve 
a significant reduction in 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 14 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 14-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 14-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. 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, 11555 Rockville Pike (first 
floor), Rockville, Maryland.
    The filing of requests for hearing and petitions for leave to 
intervene is discussed below.
    By May 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, which is 
available at the Commission's Public Document Room, located at One 
White Flint North, 11555 Rockville Pike (first floor), Rockville, 
Maryland, and available electronically on the Internet at the NRC Web 
site http://www.nrc.gov/reading-rm/doc-collections/cfr/. 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

[[Page 18714]]

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 a 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 the amendment is issued before the expiration of the 30-day 
hearing period, the Commission will make a final determination on the 
issue of no significant hazards consideration. If a hearing is 
requested, 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, located at One White Flint North, Public File Area O1 
F21, 11555 Rockville Pike (first floor), Rockville, Maryland, by the 
above date. Because of 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 
request for hearing and petition for leave to intervene 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 April 8, 2003, which is available for 
public inspection at 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. Publicly available 
records will be accessible electronically 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 10th day of April, 2003.

    For the Nuclear Regulatory Commission.
Kahtan N. Jabbour,
Senior Project Manager, Section 2, Project Directorate II, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 03-9315 Filed 4-15-03; 8:45 am]
BILLING CODE 7590-01-P