[Federal Register Volume 72, Number 186 (Wednesday, September 26, 2007)]
[Notices]
[Pages 54691-54693]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-19008]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-328]


Tennessee Valley Authority; 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. 
50-328, issued to the Tennessee Valley Authority (TVA, the licensee), 
for operation of the Sequoyah Nuclear Plant, Unit No. 2, located in 
Hamilton County, Tennessee.
    The proposed amendment would incorporate a one-time change to 
technical specification Limiting Condition for Operation 3.6.1.9 to 
allow an increase to the annual limit for operation of the containment 
ventilation system with purge isolation valves open from 1000 hours to 
1400 hours during calendar year 2007.
    The licensee has been experiencing an accumulation of gaseous 
formaldehyde in the containment atmosphere, which has necessitated more 
than normal purging in order to provide protection for personnel 
entering the containment to perform maintenance or surveillance 
activities during operation. This increase in gaseous formaldehyde 
began during 2007. The licensee has installed High-Efficiency 
Particulate Air and charcoal filters in the upper containment, which 
has been effective in reducing the overall concentration of 
formaldehyde, but additional purging is still necessary to allow 
required containment entries. The licensee has identified three 
potential sources of the formaldehyde, but positive identification and 
corrective action cannot be completed with the plant in operation. The 
limit on purge hours has been in effect since 1982 and typically has 
not been exceeded. However, based on the current need for purging, the 
licensee projects that the 1000-hour limit will be exceeded around 
October 15, 2007. Approval of the increase in containment purge hours 
will avoid an unnecessary unit shutdown and allow the licensee to 
perform detailed leak identification and corrective action in the 
spring 2008 refueling outage. Based on the preceding discussion, the 
Commission concludes that exigent circumstances exist.
    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 Title 10 of the Code of Federal Regulations (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. The proposed amendment does not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    TVA's proposed change is not considered to be a significant 
departure from the current requirements. The containment purge and 
ventilation system is qualified and designed to isolate in the event 
of a design basis accident. The probability of occurrence of an 
accident is not increased as the increase in purge/ventilation 
system operation does not affect the system's capability for purge 
valve closure or containment isolation. The increase in system 
operation for the remainder of calendar year 2007 would continue to 
be governed by the limits of 10 CFR 20. In addition, purge system 
isolation capability remains unchanged. Consequently,

[[Page 54692]]

the 10 CFR 100 limits for site boundary dose would not be exceeded 
in the event of an accident during containment purge operation. 
Therefore, the proposed amendment does not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    2. The proposed amendment does not create the possibility of a 
new or different kind of accident from any accident previously 
evaluated.
    The possibility for a new or different kind of accident from any 
accident previously evaluated does not exist as a result of the 
proposed increase in purge/ventilation system operation time. The 
system design remains unchanged for performing isolation of 
containment for accident mitigation and does not create the 
possibility of a new or different kind of accident from any accident 
previously evaluated.
    3. The proposed amendment does not involve a significant 
reduction in a margin of safety.
    The proposed increase in purge system operation is an increase 
that does not affect existing safety margins. Additional purge 
operation time will also continue to comply with effluent release 
limits in 10 CFR 20. In addition, the proposed change does not 
increase the risk for an accident because no physical changes to the 
plant are being made and design features associated with purge 
system isolation remain unchanged. Accordingly, TVA concludes that 
the margin of safety has not been reduced.

    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, Rulemaking, 
Directives and Editing 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 and Issuance of Orders'' 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 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/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/requestor is aware and on 
which the petitioner/requestor intends to rely to establish those facts 
or expert opinion. The petitioner/requestor 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/
requestor 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.
    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

[[Page 54693]]

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(c)(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 General Counsel, 
Tennessee Valley Authority, 400 West Summit Hill Drive, ET 11A, 
Knoxville, Tennessee 37902, attorney for the licensee.
    For further details with respect to this action, see the 
application for amendment dated September 17, 2007, which is available 
for public inspection at the Commission's Public Document Room (PDR), 
located at One White Flint North, Public File Area O1 F21, 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.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 or (301) 415-4737, or 
by e-mail to [email protected].

    Dated at Rockville, Maryland, this 20th day of September 2007.

    For the Nuclear Regulatory Commission.
Brendan T. Moroney,
Project Manager, Plant Licensing Branch II-2, Division of Operating 
Reactor Licensing, Office of Nuclear Reactor Regulation.
 [FR Doc. E7-19008 Filed 9-25-07; 8:45 am]
BILLING CODE 7590-01-P