[Federal Register Volume 70, Number 20 (Tuesday, February 1, 2005)]
[Notices]
[Pages 5226-5228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-1771]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-390]


Utility Name; 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 the Tennessee Valley Authority (the licensee) for 
operation of the Watts Bar Nuclear Plant (WBN), Unit 1, located in Rhea 
County, Tennessee.
    The proposed change allows entry into a mode or other specified 
condition in the applicability of a Technical Specification (TS), while 
in a condition statement and the associated required actions of the TS, 
provided the licensee performs a risk assessment and manages risk 
consistent with the program in place for complying with the 
requirements of title 10 of the Code of Federal Regulations (10 CFR), 
part 50, section 50.65(a)(4). Limiting Condition for Operation (LCO) 
3.0.4 exceptions in individual TSs would be eliminated, several notes 
or specific exceptions are revised to reflect the related changes to 
LCO 3.0.4, and Surveillance Requirement (SR) 3.0.4 is revised to 
reflect the LCO 3.0.4 allowance. The No Significant Hazards 
Consideration Determination concerning this change was published in the 
Federal Register on January 18, 2005 (70 FR 2901).
    A separate change, not described in the above Federal Register 
notice, was also included in the licensee's application. In accordance 
with TS Task Force (TSTF)--285, Charging Pump Swap Low-Temperature 
Over-Pressurization Allowance, LCO 3.4.12, Cold Overpressure Mitigation 
System (COMS), is being revised to modify and relocate two notes in the 
WBN TSs. The changes are all administrative, except a change which 
would allow two charging pumps to be made capable of injecting into the 
Reactor Coolant System to support pump swap operations for a period not 
to exceed 1 hour instead of the currently allowed 15 minutes.
    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 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?
    Response: No.
    The proposed change to the WBN TS is consistent with 
improvements made to the Standard Technical Specifications for 
Westinghouse Plants and continues to provide controls for safe 
operation within the required limits. The probability of occurrence 
or the consequences of an accident are not significantly increased 
as a result of the increased time from 15 minutes to one hour to 
allow pump swap operations. The one hour time period is reasonable 
considering the small likelihood of an event during this brief 
period and the other administrative controls available (e.g., 
operator action to stop any pump that inadvertently starts) and 
considering the required vent paths in accordance with the LCO. The 
proposed change does not affect degradation of accident mitigation 
systems. The proposed

[[Page 5227]]

revision continues to maintain the required safety functions.
    Accordingly, the probability of an accident or the consequences 
of an accident previously evaluated is not significantly increased.
    2. Does the proposed change create the possibility of a new or 
different kind of accident from any accident previously evaluated?
    Response: No.
    The proposed change improves the WBN TS consistent with 
improvements made to the Standard Technical Specifications (STS) for 
Westinghouse Plants and continues to provide controls for safe 
operation within the required limits. The subject change improves 
currently allowed pump swap provisions by realistically addressing 
time to safely and deliberately secure the operating pump and place 
the alternate pump in service, and provides additional assurance 
that seal injection requirements are not compromised. No new or 
different accident potential is created by the subject change. The 
change does not adversely impact plant equipment, test methods, or 
operating practices. Therefore, the proposed change 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?
    Response: No.
    The proposed change to the WBN TS is consistent with 
improvements made to the Standard Technical Specifications for 
Westinghouse Plants and provides improved pump swap provisions which 
should enhance safe operation within required limits. The change 
does not adversely impact plant equipment, test methods, or 
operating practices. The proposed change does not affect degradation 
of accident mitigation systems and continues to maintain the 
required safety functions of COMS to assure that the reactor vessel 
is adequately protected against exceeding pressure and temperature 
limits. 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 60 days after the date of publication of this notice. The 
Commission may issue the license amendment before expiration of the 60-
day period provided that its final determination is that the amendment 
involves no significant hazards consideration. In addition, the 
Commission may issue the amendment prior to the expiration of the 30-
day comment period should circumstances change during the 30-day 
comment period such that failure to act in a timely way would result, 
for example, in derating or shutdown of the facility. Should the 
Commission take action prior to the expiration of either the comment 
period or the notice period, 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, 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.
    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 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 2.309, 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 requestor's/petitioner's interest. The petition must 
also identify the specific contentions which the petitioner/requestor 
seeks to have litigated at the proceeding.
    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/requestor 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. 
The petition must include 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/requestor 
who fails to satisfy these requirements with respect to at least one 
contention will not be permitted to participate as a party.

[[Page 5228]]

    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 
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.
    Nontimely requests and/or petitions and contentions will not be 
entertained absent a determination by the Commission or 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).
    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 General Counsel, 
Tennessee Valley Authority, ET 11A, 400 West Summit Hill Drive, 
Knoxville, TN 37902, attorney for the licensee.
    For further details with respect to this action, see the 
application for amendment dated September 15, 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 in Rockville, Maryland, this 25th day of January 2005.

    For the Nuclear Regulatory Commission.
Douglas V. Pickett,
Senior Project Manager, Section II, Project Directorate II, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 05-1771 Filed 1-31-05; 8:45 am]
BILLING CODE 7590-01-P