[Federal Register Volume 68, Number 181 (Thursday, September 18, 2003)]
[Notices]
[Pages 54745-54747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-23841]


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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 (the licensee) for 
operation of the Watts Bar Nuclear Plant, Unit 1 (WBN), located in Rhea 
County, Tennessee.
    The proposed amendment would revise the Updated Final Safety 
Analysis Report to change the postulated primary-to-secondary leakage 
from a faulted steam generator in the main steamline break (MSLB) 
accident analysis.
    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. The postulated MSLB outside of containment but upstream of 
the main steam isolation valves is the limiting accident relative to 
the voltage based alternate repair criteria for axial outside 
diameter stress corrosion cracking (ODSCC). It is the credible 
accident for determining the radiological consequences of increasing 
the postulated primary-to-secondary leakage. The leakage is an input 
parameter and does not physically alter any equipment, system 
performance, or operator actions required to mitigate the 
radiological consequences of an accident.

[[Page 54746]]

    The postulated primary-to-secondary leakage as an input 
parameter is used to analyze the potential radiological consequences 
of a MSLB accident. This postulated leakage occurs after an accident 
is initiated. As a result, the proposed leakage rate is not an 
initiator of any accident and no new failure modes are created. 
Exceeding the technical specification limits on reactor coolant 
system (RCS) operational leakage is not permitted.
    The consequences of the MSLB are currently analyzed for a one 
gpm primary-to-secondary accident leakage in the faulted steam 
generator. Increasing the postulated accident leakage to three gpm 
increased the radiological consequences. This is a small increase in 
leakage which is not considered significant since the dose does not 
exceed the appropriate fraction of the 10 CFR Part 100, ``Reactor 
Site Criteria,'' dose limits as specified in NUREG-0800, ``Standard 
Review Plan,'' for an MSLB accident or the 10 CFR Part 50, Appendix 
A, General Design Criteria (GDC) 19, ``Control Room,'' limits.
    2. Does the proposed change create the possibility of a new or 
different kind of accident from any accident previously evaluated?
    No. No new failure modes are created by the increase in the 
postulated primary-to-secondary leakage during an MSLB accident. The 
credible failure mode associated with this increase in leakage is 
for a steam generator tube to rupture during the MSLB accident. The 
use of the alternate repair criteria for axial ODSCC at the tube 
support plate has been previously approved for WBN. Under the 
alternate repair criteria for tubes that exhibit axial ODSCC at the 
tube support plate, a conditional burst probability calculation is 
performed to provide a conservative assessment of tube structural 
integrity during a postulated MSLB occurring at the end-of-cycle. 
The calculation is compared to a threshold value. If the burst 
probability calculation is greater than or equal to the threshold 
value, then tubes will be plugged to decrease below the threshold. 
This limits the probability of a steam generator tube rupture during 
an MSLB accident. Tubes that are outside of the alternate repair 
criteria will be plugged as specified in the WBN technical 
specification to maintain integrity. Additionally, RCS operational 
leakages are subject to continual surveillance and an accumulation 
of minor leaks which exceed the limits established in the technical 
specification is not permitted during unit operation. As previously 
stated, the postulated primary-to-secondary accident leakage is an 
input parameter and not an initiator of any accidents. The proposed 
increase in leakage has no significant effect on the configuration 
of the plant or the manner in which it is operated.
    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. An increase in the primary-to-secondary leakage during an 
MSLB accident allows more axial ODSCC affected tubes to remain in 
service; however, the structural and leakage integrity of the tubes 
is assured by compliance with the alternate repair criteria. The 
affected tubes must meet specific conditions in order to remain in 
service. The tubes that remain in service as a result of the 
proposed increase in leakage must meet the requirements for 
determining the structural and leakage integrity. Tubes that are 
outside of the alternate repair criteria will be plugged as 
specified in the WBN technical specification to maintain integrity. 
The activity in the steam and power conversion system is continually 
monitored and an accumulation of minor leaks which exceed the limits 
established in the technical specification is not permitted during 
unit operation.
    As specified in NUREG-0800, the dose mitigation features, in 
this case, leakage, are acceptable since the whole body and thyroid 
doses at the exclusion area and the lower population zone outer 
boundaries do not exceed the exposure guidelines. The control room 
doses do not exceed the requirements in 10 CFR Part 50, Appendix A, 
GDC 19.
    Therefore, the proposed change does not involve a significant 
reduction in a 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 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 October 20, 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, 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.
    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

[[Page 54747]]

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 (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, ET 
11A, 400 West Summit Hill Drive, Knoxville, TN 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 September 8, 2003, and supplement dated 
September 11, 2003, which are 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 at Rockville, Maryland, this 12th day of September 2003.
    For the Nuclear Regulatory Commission.
Margaret H. Chernoff,
Project Manager, Project Directorate II, Division of Licensing Project 
Management, Office of Nuclear Reactor Regulation.
[FR Doc. 03-23841 Filed 9-17-03; 8:45 am]
BILLING CODE 7590-01-P