[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]
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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.
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\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.
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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