[Federal Register Volume 65, Number 196 (Tuesday, October 10, 2000)]
[Notices]
[Pages 60223-60225]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-25917]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-364]


 Southern Nuclear Operating Company; 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-8, issued to Southern Nuclear Operating Company (the licensee), for 
operation of the Joseph M. Farley Nuclear Plant, Unit 2, located in 
Houston County, Alabama.
    The proposed amendment would eliminate the requirement to cycle the 
Unit 2 pressurizer power-operated relief valve (PORV) block valves 
during the remainder of operating cycle 14 and provides additional 
compensatory action. Cycle 14 is presently scheduled to end on February 
24, 2001. This change is needed because excessive packing leakage from 
at least one of the Unit 2 PORV block valves occurs during valve 
surveillance testing (stroking).

[[Page 60224]]

Cycling the valves with this packing leakage could result in additional 
valve packing degradation potentially resulting in a forced unit 
shutdown. Repairing the valve packing would require shutting down and 
cooling down the unit to establish conditions for the repair. 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; (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 changes do not involve a significant increase in 
the probability or consequences of an accident previously evaluated.
    The proposed change to Surveillance Requirement (SR) 3.4.11.1 
suspends the requirement to cycle test the Unit Two pressurizer 
power operated relief valve (PORV) block valves for the remainder of 
operating cycle 14. This change will eliminate two scheduled cycle 
tests for the PORV block valves during the remainder of operating 
cycle 14. SR 3.4.11.4 is added to provide compensatory measures for 
verifying power available to the block valves at least every 24 
hours. At the end of cycle 14, the proposed changes will no longer 
be in effect. Suspension of the cycle tests for the PORV block 
valves may result in a small decrease in assurance that the block 
valves would cycle if required to isolate a stuck open PORV. 
However, experience with these valves has shown them to be very 
reliable and suspension of the remaining tests will not appreciably 
reduce reliability of the valves. The proposed compensatory measure 
of verifying block valve power available on a 24 hour basis adds 
additional assurance that the block valves will close if demanded.
* * * * *
    The proposed changes do not affect the consequences of a 
previously analyzed accident since the magnitude and duration of 
analyzed events are not impacted by this change. The dose 
consequences of the proposed change are bounded by LOCA analyses. 
Therefore, the consequences of a previously evaluated accident are 
unchanged.
    Therefore, the proposed TS changes do not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    2. The proposed changes do not create the possibility of a new 
or different kind of accident from any accident previously 
evaluated.
    The proposed changes involve no change to the physical plant. 
They allow for suspension of the PORV block valve cycle tests for a 
limited time and provide for compensatory action to verify power to 
the PORV block valves. These valves provide an isolation function 
for a postulated stuck open or leaking pressurizer PORV. This 
condition is an analyzed event since it is bounded by the FNP LOCA 
analyses. In addition to the isolation function, the block valves 
are required to remain open to allow the PORVs to function 
automatically to control reactor coolant system (RCS) pressure. 
These changes do not impact the open function of the block valves 
since the normal position is open.
    Therefore, the proposed changes do not create the possibility of 
a new or different kind of accident from any accident previously 
evaluated.
    3. The proposed changes do not involve a significant reduction 
in a margin of safety.
    The physical plant is unaffected by these changes. The proposed 
changes do not impact accident offsite dose, containment pressure or 
temperature, emergency core cooling system (ECCS) or reactor 
protection system (RPS) settings or any other parameter that could 
affect a margin of safety. The elimination of cycle testing of the 
PORV block valves for the remainder of the Unit Two operating cycle 
and the addition of the proposed compensatory action that enhances 
assurance of valve operation are somewhat offsetting.
    Therefore, the proposed changes do 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.
    By November 9, 2000, 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, located at One 
White Flint North, 11555 Rockville Pike (first floor), Rockville, 
Maryland, and accessible electronically through the ADAMS Public 
Electronic Reading Room link at the NRC Web site (http://www.nrc.gov). 
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.

[[Page 60225]]

    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 a 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 the amendment is issued before the expiration of the 30-day 
hearing period, the Commission will make a final determination on the 
issue of no significant hazards consideration. If a hearing is 
requested, 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: Rulemakings and 
Adjudications Staff, or may be delivered to the Commission's Public 
Document Room, located at One White Flint North, 11555 Rockville Pike 
(first floor), Rockville, Maryland, by the above date. 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 M. 
Stanford Blanton, Balch and Bingham, Post Office Box 306, 1710 Sixth 
Avenue North, Birmingham, Alabama, 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 September 8, 2000, as supplemented by 
letter dated October 2, 2000, which are available for public inspection 
at the Commission's Public Document Room, located at One White Flint 
North, 11555 Rockville Pike (first floor), Rockville, Maryland, and 
accessible electronically through the ADAMS Public Electronic Reading 
Room link at the NRC Web site (http://www.nrc.gov).

    Dated at Rockville, Maryland, this 4th day of October, 2000.
L. Mark Padovan,
Project Manager, Project Directorate II-1, Division of Licensing 
Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 00-25917 Filed 10-6-00; 8:45 am]
BILLING CODE 7590-01-U