[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
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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