[Federal Register Volume 68, Number 222 (Tuesday, November 18, 2003)]
[Notices]
[Pages 65092-65094]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-28750]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-425]


Southern Nuclear Operating Company, Inc.; 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-81, issued to Southern Nuclear Operating Company, et al. (SNC, the 
licensee), for operation of the Vogtle Electric Generating Plant, Unit 
2, located in Burke County, Georgia.
    The proposed amendment would extend the surveillance interval for 
the Memories Test portion of the ACTUATION LOGIC TEST for: (1) Power 
Range Block (Switch position 1), (2) Intermediate Range Block (Switch 
position 2), (3) Source Range Block (Switch positions 3 and 4), (3) 
Safety Injection (SI) Block, Pressurizer (Switch positions 5 and 6), 
(4) SI Block, High Steam Pressure Rate (Switch positions 7 and 8), (5) 
Auto SI Block (Switch position 9), and (6) Feedwater Isolation on P14 
or SI (Switch positions 10 and 11). In addition to the functions listed 
above, the licensee is requesting an extension of the surveillance 
interval for the portions of the ACTUATION LOGIC TEST for Feedwater 
Isolation on P14 or SI that pass through the memories circuits and the 
Power Range block of the Source Range Trip test for the Unit 2 Train B 
Solid State Protection System to the next refueling outage at the end 
of Cycle 10 or the next Unit 2 shutdown to MODE 5, whichever comes 
first.
    Because the above-described surveillances will become due multiple 
times before the end of the current fuel cycle, and the Memories Test 
Switch is not functioning, the licensee is requesting an exigent 
Technical Specification change in accordance with 10 CFR 50.91(a)(6) to 
extend the surveillance interval of the above-described tests. SNC is 
requesting that the surveillance interval be extended to the end of the 
current cycle (Cycle 10) or the next Unit 2 shutdown to MODE 5, 
whichever comes first.
    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 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?
    The proposed change does not physically alter any plant 
structures, systems or components. The SSPS [Solid State Protection 
System] at VEGP [Votgle Electric Generating Plant] has a history of 
high reliability. In addition, similar changes to the surveillance 
interval for actuation logic testing for Westinghouse SSPS actuation 
logic has been approved by the NRC with their approval of WCAP-15376 
and Technical Specification Task Force (TSTF) 411. Therefore[,] 
there will not be a significant increase in the probability of an 
accident previously evaluated. There will not be a significant 
increase in the consequences of any accident previously evaluated as 
a result of this Technical Specification amendment because the 
incremental condition large early release probability is very small 
in accordance with the criteria of Regulatory Guide 1.177. 
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?
    The proposed change involves an extension of a previously 
determined acceptable surveillance interval. The proposed change 
does not introduce any new equipment, create new failure modes for 
existing equipment, or create any new limiting single failures. In 
addition, compensatory actions will be in place which will offset 
the very small increase in risk. Therefore, the requested Technical 
Specification amendment does not create the possibility of a new or 
different kind of accident from any accident previously evaluated.
    3. Does the proposed change involve a significant reduction in a 
margin of safety.
    The extended surveillance interval for the SSPS ACTUATION LOGIC 
TEST has been shown to have a very small impact on plant risk using 
the criteria of Regulatory Guides 1.174 and 1.177. In addition, 
compensatory actions in place will be in place in the case of a 
failure of the functions listed above. Therefore, the enforcement 
discretion does not involve a significant reduction in a margin to 
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

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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 December 2, 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 
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 
O1F21,11555 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 Mr. Arthur H. Domby, Troutman Sanders, 
NationsBank Plaza, Suite 5200, 600 Peachtree Street, NE., Atlanta, 
Georgia 30308-2216, 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 November 4, 2003. The NRC staff has 
granted on November 4, 2003, and issued in writing on November 6, 2003, 
a Notice of Enforcement Discretion which is available for public 
inspection at the Commission's Public Document Room (PDR), located at 
One White Flint North, Public File Area O1F21, 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

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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 10th day of November, 2003.
    For the Nuclear Regulatory Commission.
Frank Rinaldi,
Project Manager, Section 1, Project Directorate II, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 03-28750 Filed 11-17-03; 8:45 am]
BILLING CODE 7590-01-P