[Federal Register Volume 62, Number 28 (Tuesday, February 11, 1997)]
[Notices]
[Pages 6276-6278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3321]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-327 AND 50-328]


Sequoyah Nuclear Plant, Units 1 and 2; Notice of Consideration of 
Issuance of Amendments to Facility Operating Licenses, Proposed No 
Significant Hazards Consideration Determination, and Opportunity for a 
Hearing

    The U.S. Nuclear Regulatory Commission (the Commission) is 
considering issuance of amendments to Facility Operating License No. 
DPR-77 and DPR-79 issued to the Tennessee Valley Authority (the 
licensee) for operation of the Sequoyah Nuclear Plant, Units 1 and 2, 
located in Soddy Daisy, Tennessee.
    The proposed amendments would permanently incorporate requirements 
associated with steam generator tube inspections and repair in the 
Sequoyah Nuclear Plant, Units 1 and 2 Technical Specifications (TS). 
The new requirements establish alternate steam generator tube plugging 
criteria (APC) at the tube support plate intersections. These revised 
criteria, based on NRC Generic Letter 95-05, were incorporated into the 
TS by previous amendments to the operating licenses but only for 
Operating Cycle 8. The proposed amendments would remove the reference 
to Cycle 8, thereby making the requirements applicable to all future 
operating cycles.
    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:

    TVA has evaluated the proposed technical specification (TS) 
change and has determined that it does not represent a significant 
hazards consideration based on criteria established in 10 CFR 
50.92(c). Operation of Sequoyah Nuclear Plant (SQN) in accordance 
with the proposed amendment will not:
    1. Involve a significant increase in the probability or 
consequences of an accident previously evaluated.
    The proposed TS change revises the SQN steam generator (S/G) 
Specification 3/4.4.5 to remove footnotes that limit the application 
of the alternate plugging criteria (APC) to Cycle 8 operation only. 
In addition, SQN TS 3.4.6.2, ``Operational Leakage,'' contains a 
similar footnote that limits application of S/G APC to Cycle 8 
operation only. The removal of these footnotes allows TVA to apply 
APC to SQN S/Gs beyond Cycle 8 operation. TVA's proposed change is 
based on resolution of the industry issues concerning [eddy current 
test] probe wear and probe variability. APC was applied to the SQN 
S/Gs during the Cycle 7 refueling outages for Units 1 and 2.
    The proposed changes provide TS requirements that are consistent 
with the guidance of NRC GL [Generic Letter] 95-05. This change does 
not involve a physical modification to the plant or affect any 
setpoints. Accordingly, the proposed changes do not involve an 
increase in the probability or consequences of an accident 
previously evaluated.
    2. Create the possibility of a new or different kind of accident 
from any previously analyzed.
    The proposed changes provide TS requirements for SQN S/Gs that 
are consistent with the guidance provided in GL 95-05. No new event 
initiator has been created, nor has any hardware been changed. This 
change does not involve a physical change to SQN S/Gs or any other 
system. Therefore, the proposed change will not create the 
possibility of a new or different kind of accident from any 
previously analyzed.
    3. Involve a significant reduction in a margin of safety.
    TVA's proposed change allows application of APC for SQN S/Gs to 
extend beyond Cycle 8 of operation. This change continues to provide 
requirements that maintain structural integrity of SQN S/G tubes 
during normal operating, transient, and postulated accident 
conditions. This change does not involve a setpoint change or 
physical modification to the plant. Accordingly, 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 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 the 30-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 30-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 and provide for opportunity for a hearing 
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 
Review and Directives Branch, Division of Freedom of Information and 
Publications

[[Page 6277]]

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 6D22, Two White Flint North, 11545 Rockville Pike, 
Rockville, Maryland, from 7:30 a.m. to 4:15 p.m. Federal workdays. 
Copies of written comments received may be examined at the NRC Public 
Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC.
    The filing of requests for hearing and petitions for leave to 
intervene is discussed below.
    By March 13, 1997, 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 2.714 which is 
available at the Commission's Public Document Room, the Gelman 
Building, 2120 L Street, NW., Washington, DC, and at the local public 
document room located at the Chattanooga-Hamilton County Library, 1001 
Broad Street, Chattanooga, Tennessee 37402. If a request for a hearing 
or petition for leave to intervene is filed by the above date, the 
Commission or an Atomic Safety and Licensing Board, designated by the 
Commission or by the Chairman of the Atomic Safety and Licensing Board 
Panel, will rule on the request and/or petition; and the Secretary or 
the designated Atomic Safety and Licensing Board will issue a notice of 
hearing or an appropriate order.
    As required by 10 CFR 2.714, 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 factors: (1) the nature of the petitioner's right under the 
Act to be made party to the proceeding; (2) the nature and extent of 
the petitioner's property, financial, or other interest in the 
proceeding; and (3) the possible effect of any order which may be 
entered in the proceeding on the petitioner's interest. The petition 
should also identify the specific aspect(s) of the subject matter of 
the proceeding as to which petitioner wishes to intervene. Any person 
who has filed a petition for leave to intervene or who has been 
admitted as a party may amend the petition without requesting leave of 
the Board up to 15 days prior to the first prehearing conference 
scheduled in the proceeding, but such an amended petition must satisfy 
the specificity requirements described above.
    Not later than 15 days prior to the first prehearing conference 
scheduled in the proceeding, a petitioner shall file a supplement to 
the petition to intervene which must include a list of the contentions 
which are sought to be litigated in the matter. Each contention must 
consist of a specific statement of the issue of law or fact to be 
raised or controverted. In addition, the petitioner shall provide a 
brief explanation of the bases of 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. 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 who fails to file such a supplement which satisfies 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, including the opportunity to present evidence and cross-
examine witnesses.
    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.
    A request for a hearing or a petition for leave to intervene must 
be filed with the Secretary of the Commission, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, Attention: Docketing and 
Services Branch, or may be delivered to the Commission's Public 
Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC, 
by the above date. Where petitions are filed during the last 10 days of 
the notice period, it is requested that the petitioner promptly so 
inform the Commission by a toll-free telephone call to Western Union at 
1 (800) 248-5100 (in Missouri 1 (800) 342-6700). The Western Union 
operator should be given Datagram Identification Number N1023 and the 
following message addressed to Frederick J. Hebdon: Petitioner's name 
and telephone number, date petition was mailed, plant name, and 
publication date and page number of this Federal Register notice. A 
copy of the petition should also be sent to the Office of the General 
Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, 
and to General Counsel, Tennessee Valley Authority, ET 11H 400 West 
Summit Hill Drive, Knoxville, Tennessee 37902, attorney for the 
licensee.
    Nontimely filings of petitions for leave to intervene, amended 
petitions, supplemental petitions and/or requests for hearing will not 
be entertained absent a determination by the Commission, the presiding 
officer or the presiding Atomic Safety and Licensing Board that the 
petition and/or request should be granted based upon a balancing of the 
factors specified in 10 CFR 2.714(a)(1) (i)-(v) and 2.714(d).
    For further details with respect to this action, see the 
application for amendment dated October 18, 1996, which is available 
for public inspection at the Commission's Public Document Room, the 
Gelman Building, 2120 L Street, NW., Washington, DC, and at the local 
public document room located at the Chattanooga-Hamilton County 
Library, 1001 Broad Street, Chattanooga, Tennessee 37402.


[[Page 6278]]


    Dated at Rockville, Maryland, this 5th day of February 1997.
Ronald W. Hernan,
Senior Project Manager, Project Directorate II-3, Division of Reactor 
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 97-3321 Filed 2-10-97; 8:45 am]
BILLING CODE 7590-01-P