[Federal Register Volume 63, Number 88 (Thursday, May 7, 1998)]
[Notices]
[Pages 25243-25245]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12179]


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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 the Tennessee Valley Authority (TVA or the licensee) 
for operation of the Watts Bar Nuclear Plant (WBN), Unit 1 located in 
Rhea County, Tennessee.
    WBN currently has two containment hydrogen ignitors that are 
inoperable due to an apparent fault in the common circuit supplying 
these ignitors. This condition renders Train A of the WBN

[[Page 25244]]

hydrogen mitigation system (HMS) inoperable in accordance with TS 
limiting condition for operation (LCO) 3.6.8. The condition was 
discovered during routine surveillance testing to the Train A ignitors 
on April 3, 1998, at which time WBN entered Condition A of limiting 
condition for operation (LCO) 3.6.8. The ignitors are located in a very 
high radiation and temperature area of lower containment and cannot be 
repaired until the reactor is taken offline. WBN's next scheduled 
outage for refueling is in February 1999. The proposed amendment would 
revise the TS LCO 3.6.8 to provide temporary requirements for hydrogen 
ignitors to address the two Train A ignitors which are currently out of 
service. The revision would apply until the next shutdown to MODE 3 
following which time ignitor repairs would be performed to restore the 
HMS to an operable status.
    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 concluded that operation of WBN in accordance with the 
proposed change to the TS does not involve a significant hazards 
consideration. TVA's conclusion is based on its evaluation in 
accordance with 10 CFR 50.91(a)(1) of the three standards set forth 
in 10 CFR 50.92(c).
    (A) The proposed amendment does not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    The proposed temporary technical specification would permit two 
specific Train A ignitors (30A and 31A) in non-adjacent regions to 
be out of service until the next WBN entry into MODE 3. In this 
condition, the remaining 32 of 34 ignitors, in combination with 
thorough containment air mixing and with the hydrogen collection 
function of the air return system, will maintain the ability to burn 
hydrogen such that containment hydrogen remains low following a 
degraded core accident. Thus, the design basis of the HMS will be 
maintained such that a controlled hydrogen burn may occur at the 
lower flammability concentration following a degraded core accident. 
In addition, although a loss of Train B power could result in loss 
of ignitors in two regions of lower containment, the short duration 
allowed by the proposed amendment for this condition (not to exceed 
72 hours) minimizes the likelihood of a concurrent accident 
requiring the ignitors. The WBN PSA [probabilistic safety 
assessment] establishes a probability of 3.6  x  10<SUP>-7</SUP> 
events per reactor-year of a degraded core event based on 72 hours, 
with the probability more remote for an accident that would generate 
hydrogen in amounts equivalent to a metal-water reaction of 75% of 
core cladding for which the HMS is intended. Additionally, 
sufficient ignition capability in adjacent regions combined with 
containment air mixing would provide capability by flame propagation 
to the regions with no operable ignitors. Thus the failure of the 
two specific ignitors should not result in any change to the post-
accident hydrogen burn profiles. Since the hydrogen concentration 
would remain low and pocketing which could lead to rapid burns and 
challenge containment is unlikely, the original design continues to 
be met. Thus the probability of a containment failure and associated 
radiological release is insignificantly altered. Because the 
containment response will not change, the proposed TS will not 
result in an increase in the probability or consequences of any 
accident previously evaluated in the WBN FSAR.
    (B) Operation of the facility in accordance with the proposed 
amendment would not create the possibility of a new or different 
kind of accident from any accident previously evaluated.
    As discussed above, with the two Train A ignitors out of 
service, the remaining 32 of 34 ignitors in combination with 
containment air mixing will maintain the design basis of the HMS 
such that a controlled hydrogen burn may be accomplished following a 
degraded core accident, including a short time period of 72 hours 
for which a loss of Train B power could result in loss of ignitors 
in two regions of lower containment. Since the failure of the 
ignitors should not result in any change to the post-accident 
hydrogen burn profiles and because the containment response will not 
change, the proposed TS will not result in any new or different kind 
of accident from any accident previously evaluated.
    (C) Operation of the facility in accordance with the proposed 
amendment would not involve a significant reduction in margin of 
safety.
    Although the HMS is not provided for a design basis accident 
(DBA), the Bases of the WBN TS define the design function of the HMS 
as having the capability to burn hydrogen in a controlled manner at 
the lower flammability concentration following a degraded core 
accident. An ignitor train is currently considered OPERABLE with at 
least 33 of 34 ignitors in service and each containment region 
having at least one operable ignitor. Although the proposed TS 
change would allow two specific Train A ignitors to be out of 
service and their associated containment regions to be without any 
ignitors for a short duration (72 hours), the remaining 32 of 34 
ignitors will maintain the design basis of the HMS such that a 
controlled hydrogen burn may be accomplished following a degraded 
core accident. Although small increases in the hydrogen flammability 
concentration may occur, deflagration would still be expected to 
occur in a controlled manner and prior to a high hydrogen 
concentration. As stated earlier, failure of the two ignitors should 
not result in any change to the post-accident hydrogen burn profiles 
or containment response. Therefore, the proposed TS change will not 
involve a significant reduction in the 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 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 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.

[[Page 25245]]

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 June 8, 1998, 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: Rulemakings and 
Adjudications Staff, or may be delivered to the Commission's Public 
Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC, 
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 General Counsel, Tennessee Valley 
Authority, ET 10H, 400 East 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 April 29, 1998, 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.

    Dated at Rockville, Maryland, this 1st day of May 1998.

    For the Nuclear Regulatory Commission
Robert E. Martin,
Project Manager, Project Directorate II-3 , Division of Reactor 
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 98-12179 Filed 5-6-98; 8:45 am]
BILLING CODE 7590-01-P