[Federal Register Volume 69, Number 72 (Wednesday, April 14, 2004)]
[Notices]
[Pages 19880-19882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8421]


=======================================================================
-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

Tennessee Valley Authority

[Docket Nos. 50-327 and 50-328]


Sequoyah Nuclear Plant, Units 1 and 2; Notice of Consideration of 
Issuance of Amendments to Facility Operating License, Proposed No 
Significant Hazards Consideration Determination, and Opportunity for a 
Hearing

    The Nuclear Regulatory Commission (the Commission) is considering 
issuance of amendments to Facility Operating License No. DPR-77 and 
Facility Operating License No. DPR-79 issued to Tennessee Valley 
Authority (the licensee) for operation of the Sequoyah Nuclear Plant, 
Units 1 and 2, located in Hamilton County, Tennessee.
    The proposed amendments would allow both trains of control room 
air-conditioning system (CRACS) to be inoperable for up to 7 days 
provided control room temperatures are verified every 4 hours to be 
less than or equal to 90 degrees Fahrenheit. If this temperature limit 
cannot be maintained or if both CRACS trains are inoperable for more 
than 7 days, requirements of Technical Specification Section (TS) 3.0.3 
will be required.
    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 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 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. Does the proposed change involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    No. The proposed change will allow the use of alternate cooling 
methods in the event both trains of the CRACS are inoperable. The 
CRACS is used to maintain an acceptable environment for control room 
equipment and personnel during normal and emergency conditions. This 
system does not have the potential to create a design basis accident 
as it only provides control room cooling and does not directly 
mitigate postulated accidents. Temporary cooling devices will be 
designed in accordance with appropriate design controls, sized to 
ensure adequate cooling capability, and located such that safety-
related features would not be prevented from performing their safety 
function. Since the CRACS does not contribute to the initiators of 
postulated accidents, the probability of an accident is not 
significantly increased by the proposed change.
    The CRACS does ensure a suitable environment for safety-related 
equipment and personnel during an accident. The temperature limit 
placed on the proposed action ensures that the control room 
temperature will remain at acceptable levels to support plant 
evolutions in response to postulated accidents. Safety functions 
that are necessary to maintain acceptable offsite dose limits will 
not be degraded by the proposed change. Alternate cooling methods 
that will maintain the control room well within the equipment 
temperature limits will ensure these safety functions. With the 
control room cooling requirements satisfied, the offsite dose impact 
is not affected. 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 will continue to ensure that the control 
room temperatures will not exceed operability limits for equipment 
or personnel. The temperature control functions for the control room 
are not postulated to create an accident and since the proposed 
change continues to maintain acceptable temperatures, there are no 
new accident initiators created. The alternate cooling methods to be 
used will utilize appropriate design, sizing, and location 
considerations. Implementation of temporary cooling methods will be 
designed such that safety-related features would not be prevented 
from performing their safety function and in compliance with 10 CFR 
50.59 requirements. Plant will comply with applicable TS 
requirements. Therefore, the proposed change does not create the 
possibility of a new or different kind of accident from any 
previously evaluated.

[[Page 19881]]

    3. Does the proposed change involve a significant reduction in a 
margin of safety?
    No. The proposed change will continue to maintain control room 
temperatures at acceptable levels to ensure the availability of 
equipment necessary for safety functions. Sufficient margin to 
temperature limits will be maintained to ensure response to accident 
conditions can be managed adequately and temperatures will remain at 
acceptable levels to complete necessary accident mitigation actions. 
Plant components and their setpoints will not be altered by the 
proposed change that would impact the ability to respond to accident 
conditions. The installation of temporary cooling devices will be 
designed such that safety-related features would not be prevented 
from performing their safety function. 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 on or before May 14, 2004, will be 
considered in making any final determination.
    Normally, the Commission will not issue the amendments until the 
expiration of the 30-day comment 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 comment 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. Should the Commission make a 
final No Significant Hazards Consideration Determination, any hearing 
will take place 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 
(PDR), located at One White Flint North, Public File Area O1F21, 11555 
Rockville Pike (first floor), Rockville, Maryland.
    The filing of requests for hearing and petitions for leave to 
intervene is discussed below.
    Within 60 days after the date of publication of this notice, the 
licensee may file a request for a hearing with respect to issuance of 
the amendments to the subject facility operating licenses 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 2.309, which is available at the 
Commission's PDR, located at One White Flint North, Public File Area 
01F21, 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/doc-collections/cfr/. If a request for a hearing or petition 
for leave to intervene is filed by the above date, the Commission or a 
presiding officer designated by the Commission or by the Chief 
Administrative Judge of the Atomic Safety and Licensing Board Panel, 
will rule on the request and/or petition; and the Secretary or the 
Chief Administrative Judge of the Atomic Safety and Licensing Board 
will issue a notice of a hearing or an appropriate order.
    As required by 10 CFR 2.309, 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 general requirements: (1) The name, address, and telephone 
number of the requestor or petitioner; (2) the nature of the 
requestor's/petitioner's right under the Act to be made a party to the 
proceeding; (3) the nature and extent of the requestor's/petitioner's 
property, financial, or other interest in the proceeding; and (4) the 
possible effect of any decision or order which may be entered in the 
proceeding on the petitioner's interest. The petition must also 
identify the specific contentions which the petitioner/requestor seeks 
to have litigated at the proceeding.
    Each contention shall be given a separate numeric or alpha 
designation within one of the following groups, and all like subject 
matters shall be grouped together:
    1. Technical--primarily concerns issues relating to technical and/
or health and safety matters discussed or referenced in the applicant's 
safety analysis for the application (including issues related to 
emergency planning and physical security to the extent such matters are 
discussed or referenced in the application).
    2. Environmental--primarily concerns issues relating to matters 
discussed or referenced in the Environmental Report for the 
applications.
    3. Miscellaneous--does not fall into one of the categories outlined 
above.
    As specified in 10 CFR 2.309, if two or more requestors/petitioners 
seek to co-sponsor a contention or propose substantially the same 
contention, the requestors/petitioners will be required to jointly 
designate a single representative who shall have the authority to act 
for the requestors/petitioners with respect to that contention within 
ten (10) days after admission of such contention.
    Each contention must consist of a specific statement of the issue 
of law or fact to be raised or controverted. In addition, the 
petitioner/requestor shall provide a brief explanation of the bases for 
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.\1\ 
Contentions shall be limited to matters within the scope of the 
amendments under consideration. The contention must be one which, if 
proven, would entitle the petitioner to

[[Page 19882]]

relief. A petitioner/requestor who fails to satisfy these requirements 
with respect to at least one contention will not be permitted to 
participate as a party.
---------------------------------------------------------------------------

    \1\ To the extent that the applications contain attachments and 
supporting documents that are not publically available because they 
are asserted to contain safeguards or proprietary information, 
petitions desiring access to this information should contact 
applicant's counsel and discuss the need for protective order.
---------------------------------------------------------------------------

    Nontimely requests and or/petitions and contentions will not be 
entertained absent a determination by the Commission, the presiding 
officer of the Atomic Safety and Licensing Board that the petition, 
request and or the contentions should be granted based on a balancing 
of the factors specified in 10 CFR 2.309(a)(1)(i)-(viii).
    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.
    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 them 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 the issuance of any amendment.
    A request for a hearing or a petition for leave to intervene must 
be filed by: (1) First class mail addressed to the Office of the 
Secretary of the Commission, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, Attention: Rulemaking and Adjudications 
Staff; (2) courier, express mail, and expedited delivery services: 
Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland, 20852, Attention: Rulemaking and 
Adjudications Staff; (3) e-mail addressed to the Office of the 
Secretary, U.S. Nuclear Regulatory Commission, [email protected]; 
or (4) facsimile transmission addressed to the Office of the Secretary, 
U.S. Nuclear Regulatory Commission, Washington, DC, Attention: 
Rulemakings and Adjudications Staff at (301) 415-1101, verification 
number is (301) 415-1966. 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 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 the attorney for the 
licensee.
    Attorney for the Licensee: General Counsel, Tennessee Valley 
Authority, 400 West Summit Hill Drive, ET 11A, Knoxville, Tennessee 
37902.
    For further details with respect to this action, see the 
application for amendments dated March 23, 2004, 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 at Rockville, Maryland, this 8th day of April 2004.

    For the Nuclear Regulatory Commission.
Michael L. Marshall, Jr.,
Senior Project Manager, Section 2, Project Directorate II, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 04-8421 Filed 4-13-04; 8:45 am]
BILLING CODE 7590-01-P