[Federal Register Volume 63, Number 104 (Monday, June 1, 1998)]
[Notices]
[Pages 29763-29764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14388]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-259, 50-260 and 50-296]


Tennessee Valley Authority; Notice of Consideration of Issuance 
of Amendment to Facility Operating Licenses and Opportunity for a 
Hearing

    The U.S. Nuclear Regulatory Commission (NRC, the Commission) is 
considering issuance of an amendment to Facility Operating License Nos. 
DPR-33, DPR-52 and DPR-68 issued to the Tennessee Valley Authority (TVA 
or the licensee) for operation of the Browns Ferry Nuclear Plant 
(Browns Ferry, BFN), Units 1, 2 and 3, located in Limestone County, 
Alabama.
    Originally, in a letter dated September 6, 1996, the licensee 
proposed changes for a full conversion from the current Technical 
Specifications (TS) to a set of TS based on NUREG-1433, Revision 1, 
``Standard Technical Specifications for General Electric Plants, BWR/
4,'' dated April 1995. NUREG-1433 has been developed through working 
groups composed of both NRC staff members and the BWR/4 owners and has 
been endorsed by the staff as part of an industry-wide initiative to 
standardize and improve TS. As part of this submittal, the licensee 
applied the criteria contained in the Commission's ``Final Policy 
Statement on Technical Specification Improvements for Nuclear Power 
Reactors (Final Policy Statement),'' published in the Federal Register 
on July 22, 1993 (58 FR 39132), to the current Browns Ferry TS, and, 
using NUREG-1433 as a basis, developed a proposed set of improved TS 
for BFN. The criteria in the final policy statement were subsequently 
added to 10 CFR 50.36, ``Technical Specifications,'' in a rule change 
which was published in the Federal Register (FR) on July 19, 1996 (60 
FR 36953) and became effective on August 18, 1995. In addition to the 
above changes related to conversion of the current TS to be similar to 
the Improved Standard Technical Specifications (ISTS) in NUREG 1433, 
the licensee proposed three less restrictive changes that are not 
considered within the scope of the normal ISTS conversion process. 
These proposed additional changes would (1) allow two Residual Heat 
Removal (RHR) Low Pressure Coolant Injection (LPCI) pumps (two in one 
loop or one in both loops) to be inoperable for 7 days provided other 
low pressure emergency core cooling system (ECCS) pumps are operable. 
Current TS requirements allow only one LPCI pump to be inoperable, and 
(2) require only two ECCS subsystems to be operable during shutdown. 
The current TS, which define subsystems in the same manner as the ISTS, 
require three subsystems to be operable, and (3) reduce the number of 
RHR Service Water pumps required to be operable under certain 
conditions.
    The licensee's proposed changes in its application dated September 
6, 1996, including the three additional changes, were originally 
noticed on October 23, 1996 (61 FR 55026).
    By letters dated June 6, and December 11, 1996, April 11, May 1, 
August 14, October 15, November 5 and 14, December 3, 4, 15, 22, 23, 
29, and 30, 1997, January 23, March 12 and 13, April 16, 20, and 28, 
May 7, 14, and 19, 1998, the licensee provided supplemental 
information, and proposed additional changes. Some of these additional 
changes were ``less restrictive and plant specific changes'' that were 
not included in the original notice. They are addressed in this notice. 
Other changes are related to conversion of the current TS to those 
similar to the ISTS in NUREG 1433 and are considered to be within the 
scope of original FR notice dated October 23, 1996, and therefore, are 
not addressed in this notice.
    The additional ``less restrictive and plant specific changes'' 
involve: (1) plant-specific application of generically approved 
methodology supporting extended instrument surveillance intervals and 
allowed outage times, (2) BFN's operating practice to treat secondary 
containment as a single zone rather than three independent zones for 
containment isolation, (3) TS changes to support installation of a 
Power Range Neutron Monitoring System, Average Power Range Monitor and 
Rod Block Monitor TS improvements, and the Maximum Extended Load Line 
Limit analysis, (4) revising the current TS 2.02, consistent with ISTS, 
to specify that reactor vessel water level should be greater than the 
top of the active irradiated fuel, instead of specifying actual water 
level, (5) proposing an ISTS to reflect plant-specific design condition 
that excludes average U-235 enrichment of 4.5 weight percent, and (6) 
TS changes to allow spiral offload procedures and adopt a revision to 
surveillance requirement 3.3.1.2.4 Note

[[Page 29764]]

2 for count rate verification during spiral loading.
    Before issuance of the proposed license amendments, the Commission 
will have made findings required by the Atomic Energy Act of 1954, as 
amended (the Act) and the Commission's regulations.
    By June 1, 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 Athens Public Library, 405 E. South 
Street, Athens, Alabama. 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.
    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, 400 West Summit Drive, ET 10H, 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).
    If a request for a hearing is received, the Commission's staff may 
issue the amendment after it completes its technical review and prior 
to the completion of any required hearing if it publishes a further 
notice for public comment of its proposed finding of no significant 
hazards consideration in accordance with 10 CFR 50.91 and 50.92. For 
further details with respect to this action, see the application for 
amendments dated September 6, 1996 as supplemented June 6, and December 
11, 1996, April 11, May 1, August 14, October 15, November 5 and 14, 
December 3, 4, 15, 22, 23, 29, and 30, 1997, January 23, March 12 and 
13, April 16, 20, and 28, May 7, 14, and 19, 1998, which are 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 Athens Public Library, 405 E. South 
Street, Athens, Alabama.

    Dated at Rockville, Maryland, this 26th day of May 1998.

    For the Nuclear Regulatory Commission.
L. Raghavan,
Senior Project Manager, Project Directorate II-3, Division of Reactor 
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 98-14388 Filed 5-29-98; 8:45 am]
BILLING CODE 7590-01-P