[Federal Register Volume 61, Number 129 (Wednesday, July 3, 1996)]
[Notices]
[Pages 34880-34882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16964]


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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 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 Nos. 
NPF-2 and NPF-8, issued to Southern Nuclear Operating Company, Inc. 
(the licensee), for operation of the Joseph M. Farley Nuclear Plant, 
Units 1 and 2 located in Houston County, Alabama.
    The proposed amendments would revise Technical Specification (TS) 
Table 4.3-1 to delete the requirement for surveillance of the manual 
safety injection to the reactor trip circuitry until the next unit 
shutdown, following which, this testing will be performed prior to Mode 
2 entry. This change is applicable only during Unit 1, cycle 14 and 
Unit 2, cycle 11.
    This requested TS change is a followup to a Notice of Enforcement 
Discretion (NOED) granted to the licensee that is in effect from the 
time of issuance on June 21, 1996, until approval of this exigent TS. 
NRC Inspection Manual, Part 9900, ``Operations--Notice of Enforcement 
Discretion,'' requires that a followup TS amendment be issued within 4 
weeks from the issuance of the NOED.
    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; 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:


[[Page 34881]]


    1. Operation of the Farley Nuclear Plant Units 1 and 2 in 
accordance with the proposed license amendment does not involve a 
significant increase in the probability or consequences of an 
accident previously evaluated.
    Since the SI [safety injection] manual actuation handswitch is 
not taken credit for in any transient or accident analyses, 
including LOCA [loss-of-coolant accident], non-LOCA, and steam 
generator tube rupture for either safety injection and/or reactor 
trip, failure to test the reactor trip function of the manually 
initiated SI signal for the remainder of operating cycle or 
following each units shutdown, prior to Mode 2 entry, would not 
increase the probability or consequences of an accident previously 
evaluated. In addition, operator action required by procedures will 
ensure that a reactor trip is verified to have occurred anytime SI 
is automatically actuated and prior to manual SI actuation.
    2. The proposed license amendment does not create the 
possibility of a new or different kind of accident from any accident 
previously evaluated.
    Implementation of the proposed amendment does not introduce any 
change to the plant design basis. Any hypothetical failure of the 
handswitch contacts to cause a failure to manually trip the reactor 
is compensated for by the redundant trip features associated with 
the reactor trip system. Examples are the reactor manual trip 
handswitch, reactor trip setpoints set to actuate prior to reaching 
SI setpoints, and the redundant train manual SI handswitch. 
Therefore, SNC [Southern Nuclear Operating Company] concludes that 
the proposed license amendment does not create the possibility of a 
new or different kind of accident from any accident previously 
evaluated.
    3. The proposed license amendment does not involve a significant 
reduction in a margin of safety.
    Changing the surveillance frequency to allow for continued 
operation with the SI manual input to reactor trip system not tested 
does not involve a reduction in the margin of safety because of the 
redundant features associated with the reactor trip system and 
because of operator actions required by emergency response 
procedures (ERPs). In addition, for power levels above 35% RTP 
[rated thermal power], the SI handswitch has been shown to result in 
the intended function by tripping the reactor through the turbine 
trip logic. Therefore, SNC concludes based on the above, that the 
proposed change does not result in a significant reduction of margin 
with respect to plant safety as defined in the Final Safety Analysis 
Report or the bases of the FNP [Farley Nuclear Plant] technical 
specifications.

    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 15 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 15-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 15-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 
Review and Directives Branch, Division of Freedom of Information and 
Publications 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 August 2, 1996, 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. 
Burdeshaw Street, P.O. Box 1369, Dothan, 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 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

[[Page 34882]]

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: 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 Herbert N. Berkow: 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 M. 
Stanford Blanton, Esq., Balch and Bingham, P.O. Box 306, 1710 Sixth 
Avenue, 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 June 24, 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 Houston-Love Memorial Library, 212 W. 
Burdeshaw Street, P.O. Box 1369, Dothan, Alabama.

    Dated at Rockville, Maryland, this 27th day of June 1996.

    For the Nuclear Regulatory Commission.
Byron L. Siegel,
Project Manager, Project Directorate II-2, Division of Reactor 
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 96-16964 Filed 7-2-96; 8:45 am]
BILLING CODE 7590-01-P