[Federal Register Volume 60, Number 43 (Monday, March 6, 1995)]
[Notices]
[Pages 12253-12255]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5364]



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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-348 and 50-364]


Southern Nuclear Operating Company, Inc.; 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 Nos. 
NPF-2 and NPF-8 issued to Southern Nuclear Operating Company (the 
licensee) for operation of the Joseph M. Farley Nuclear Plant, Units 1 
and 2, located in Houston County, Alabama.
    The proposed amendment would allow modifications to relocate the 
lower level steam generator water level taps to be made during the 
upcoming refueling outages for both units. These modifications affect 
the Technical Specifications associated with the reactor trip system 
and the engineered safety feature actuation system setpoints.
    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 
[[Page 12254]] 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 50.9(a), the licensee has 
provided its analysis of the issue of no significant hazards 
consideration, which is presented below:

    1. The proposed changes to the steam generator low-low water 
level reactor trip and ESF actuation setpoint and to the steam 
generator high-high water level turbine trip and feedwater isolation 
setpoint do not significantly increase the probability or 
consequences of an accident previously evaluated in the FSAR. 
Several analyses previously performed in the FSAR required re-
analysis. All acceptance criteria for the re-analyzed accidents 
continue to be met. Therefore, there is no increase in the 
consequences of any previously evaluated accident. The change to the 
steam generator low-low water level setpoint affords additional 
margin to spurious trips. No fission product barriers are affected. 
The relocation of the steam generator lower level tap does not 
result in increased failure probability of the SG level tap, sensing 
line, or instrument. Therefore, the proposed changes to the 
Technical Specifications do not significantly increase the 
probability or consequences of an accident previously evaluated in 
the FSAR.
    2. The proposed changes to the Technical Specifications do not 
create the possibility of a new or different kind of accident than 
any accident already evaluated in the FSAR. No new limiting single 
failures or accident scenarios have been created or identified due 
to the proposed changes. All safety-related systems will continue to 
perform as designed. No new challenges to any installed safety 
systems have been created by the proposed setpoint modifications. 
Therefore, the possibility of a new or different accident is not 
created.
    3. The proposed steam generator water level setpoint changes do 
not involve a significant reduction in the margin of safety. Some 
re-analysis was necessary because of the proposed setpoint changes; 
however, all margin associated with the current acceptance criteria 
continues to be unaffected. The proposed design and installation of 
the new level taps using the criteria of the ASME Code with inherent 
safety factors assure that the margin of safety in the structural 
integrity of the steam generator shell is not reduced. Setpoint 
uncertainty calculations have confirmed adequate margin exists 
between the assumed analysis setpoints and the revised setpoints. 
Therefore, there is no significant reduction in the margin of safety 
due to the setpoint changes or the physical modification.

    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 Rules Review and 
Directives Branch, Division of Freedom of Information and Publications 
Services, Office of Administration, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555, 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 April 5, 1995, 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 Houston-Love Memorial Library, 212 W. 
Burdenshaw Street, Post Office Box 1369, Dothan, Alabama 36302. 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 [[Page 12255]] and on which the petitioner intends to rely 
in proving the contention at the hearing. The petitioner must also 
provide reference 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 proceedings, 
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, 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 William H. Bateman: 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, and to M. Stanford 
Blanton, Esq., Balch and Bingham, Post Office Box 306, 1710 Sixth 
Avenue North, Birmingham, Alabama 35201, attorney for the license.
    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 June 10, 1994, 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 Houston-Love Memorial Library, 212 W. 
Burdeshaw Street, Post Office Box 1369, Dothan, Alabama 36302.

    Dated at Rockville, Maryland, this 28th day of February 1995.

For the Nuclear Regulatory Commission.
Byron L. Siegel,
Project Manager, Project Directorate II-1, Division of Reactor 
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 95-5364 Filed 3-3-95; 8:45 am]
BILLING CODE 7590-01-M