[Federal Register Volume 69, Number 214 (Friday, November 5, 2004)]
[Notices]
[Pages 64596-64598]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24806]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-390]


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. 
NPF-90, issued to Tennessee Valley Authority (the licensee), Docket No. 
50-390, Watts Bar Nuclear Plant, Unit 1, Rhea County, Tennessee.
    The proposed amendment would provide a one-time change to Function 
4a, ``Reactor Coolant System (RCS) Hot Leg Temperature Indication,'' of 
Technical Specification (TS) Table 3.3.4-1. The proposed amendment 
would allow Watts Bar Unit 1 to continue operating until the next 
refueling outage (scheduled for the spring of 2005) with one out of 
four RCS hot leg temperature indications inoperable in the Auxiliary 
Control Room.
    The reason for the exigency is the unanticipated failure of 
Temperature Indicator (TI) 1-TI-68-65C that provides indication in the 
Auxiliary Control Room (ACR) for the hot leg temperature of RCS Loop 4. 
Upon discovery of this condition, TVA entered Action A of TS 3.3.4. The 
30-day allowed outage time for Action A of TS 3.3.4 will expire on 
November 20, 2004, at approximately 2:27 p.m. e.s.t. Based on the 
actions taken, the problem most likely exists in the instrumentation 
(transmitter or thermocouple) located within the Reactor Building's 
Polar Crane Wall. While the plant is operating, the radiological 
conditions in this area prohibit access by plant personnel. Therefore, 
the repairs cannot be safely implemented until the unit is shut down. 
If the proposed amendment is not granted, TS 3.3.4 would require that 
plant to be shut down by November 20, 2004, as repairs to the Loop 4 TI 
cannot be made while operating. The shutdown of the plant would result 
in an unnecessary operational transient since the indication parameters 
that remain available in the ACR are adequate to safely shut down the 
plant should an emergency arise.
    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 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. Does the proposed change involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    No. The proposed TS change to allow operation with only 3 of 4 
loop remote shutdown indications for Reactor Coolant System hot leg 
temperature until the Spring 2005 refueling outage is only 
applicable to the following conditions:

1. Fire or smoke in the Main Control Room (MCR),
2 An evacuation of the MCR due to some other (non-fire) unspecified 
reason, and
3. The design basis flood.

    The inoperability of the one T(hot) indicator does not change 
the probability of occurrence for these events since it is not an 
accident initiator. The T(hot) indicators on the four loops are non-
safety related equipment. During safe shutdown for a MCR evacuation 
event, design basis flood or fire related event, no fuel damage is 
postulated to occur, nor is the integrity of the reactor coolant 
pressure boundary or containment barriers postulated to be lost. 
Sufficient redundancy exists with the operational instrumentation to 
ensure that decay heat removal functions are not adversely impacted 
by this change. 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 TS change does not alter the function of the 
Remote Shutdown System which is to achieve and maintain safe reactor 
shutdown from outside the MCR. The TS instrumentation and controls 
required will be such that sufficient capability is retained for

[[Page 64597]]

decay heat removal via the Steam Generators (SGs) to provide the 
indication required for safe shutdown capabilities. The change will 
not result in the installation of any new equipment or system. The 
T(hot) instrument is used for indication only and has no automatic 
control functions. No new operations procedures will be created by 
this change. Appropriate operational procedures will be updated to 
clarify that the Loop 4 T(hot) indication in the Auxiliary Control 
Room (ACR) is not available during the remainder of Cycle 6. No new 
operating conditions or modes will be created by this proposed 
change. Therefore, the proposed change does not create the 
possibility of a new or different kind of accident from any 
previously evaluated.
    3. Does the proposed change involve a significant reduction in 
margin of safety?
    No. The radiological dose consequences are not impacted since 
this change is only applicable to the following conditions:

1. Fire or smoke in the Main Control Room (MCR),
2 An evacuation of the MCR due to some other (non-fire) unspecified 
reason, and
3. The design basis flood.

    During safe shutdown for a MCR evacuation event, design basis 
flood or fire related event, no fuel damage is postulated to occur, 
nor is the integrity of the reactor coolant pressure boundary or 
containment barriers postulated to be lost. Sufficient redundancy 
exists with the operational instrumentation to ensure that decay 
heat removal functions are not adversely impacted by this change. 
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 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, 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, 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/. (Note: Public access to ADAMS has been 
temporarily suspended so that security reviews of publicly available 
documents may be performed and potentially sensitive information 
removed. Please check the NRC Web site for updates on the resumption of 
ADAMS access.) 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

[[Page 64598]]

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, <a href="/cdn-cgi/l/email-protection#074f4246554e49404348444c42534749554429404851"><span class="__cf_email__" data-cfemail="6028252132292e27242f232b2534202e32234e272f36">[email protected]</span></a>; 
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 
<a href="/cdn-cgi/l/email-protection#367971757b575f5a7553584253447658445518515940"><span class="__cf_email__" data-cfemail="034c44404e626a6f40666d776671436d71602d646c75">[email protected]</span></a>. 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 October 29, 2004, 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, (301) 415-4737, or by 
e-mail to <a href="/cdn-cgi/l/email-protection#afdfcbddefc1ddcc81c8c0d9"><span class="__cf_email__" data-cfemail="7e0e1a0c3e100c1d50191108">[email protected]</span></a>.

    Dated in Rockville, Maryland, this 2nd day of November 2004.

    For the Nuclear Regulatory Commission.
James J. Shea,
Project Manager, Section 1, Project Directorate II, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 04-24806 Filed 11-5-04; 8:45 am]
BILLING CODE 7590-01-P


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