Georgia Power Co., et al.; Notice of Consideration of Issuance of Amendments to Facility Operating Licenses, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing

NUCLEAR REGULATORY COMMISSION

[Docket No. 50-366]

Georgia Power Co., et al.; Notice of Consideration of Issuance of

Amendments 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 an amendment to Facility Operating License No.

NPR-5, issued to the Georgia Power Company, Oglethorpe Power

Corporation, Municipal Electric Authority of Georgia, City of Dalton,

Georgia (the licensee), for operation of the Edwin I. Hatch Nuclear

Plant, Unit 2, located in Appling County, Georgia.

The proposed amendment would revise Technical Specification (TS)

3.3.6.6 for Hatch Unit 2 to permit the traversing incore probe (TIP)

system to be considered operable with less than four operable TIP

machines. The TIP system is used to periodically determine the power

distribution in the core, for the calibration of the local power range

monitor (LPRM) detectors, and for monitoring core thermal limits: the

average planar linear heat generation rate (APLHGR), the linear heat

generation rate (LHGR), and the minimum critical power ratio (MCPR).

The proposed amendment will also allow the utilization of

substitute TIP data for the inaccessible locations from either

symmetric TIP locations or from normalized TIP data as calculated by

the online core monitoring system.

In the July 19, 1994, submittal, the licensee stated that, on July

11, 1994, with Hatch Unit 2 operating at 100% rated thermal power,

Plant Hatch shift personnel were performing the procedure for the TIP

normalization required to be performed every 31 effective full power

days. Nearing completion of the procedure, personnel were unable to

place the ``D'' TIP into channel 9. It had apparently stuck in channel

8, indicating a problem with the indexing mechanism. The indexing

mechanism is located inside the primary containment (drywell), access

to which is not possible at the present power level. Based on the last

successfully performed LPRM calibration, the next one is to be

completed no later than August 9, 1994. If the surveillance is not

performed by that time, it will be necessary to declare the APRMs

inoperable and, thus, enter an immediate reactor shutdown in accordance

with TS 3.3.1.b, Action 3.

The problem with the ``D'' TIP could not have been foreseen,

although Plant Hatch has had problems with the indexing mechanism in

the past. However, each problem is unique and has a different root

cause. Subsequent to the discovery of the problem, efforts to return

the ``D'' TIP to operable status were initiated. These efforts were led

by the licensee's engineering staff with vendor representatives on-site

as well. The licensee has performed several tests which included

verification of proper voltage to the indexer motor, verification of

proper motor winding resistance as well as over-voltage tests on the

indexing mechanism, and also conducted a reverse motor test in an

attempt to free the indexer; however, this attempt was unsuccessful.

All the licensee's efforts to repair the TIP, without drywell access,

were exhausted on Friday, July 15, 1994.

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:

The change does not involve a significant hazards consideration

for the following reasons:

(1) The proposed amendment does not involve a significant

increase in the probability or consequences of an accident

previously evaluated.

The TIP system is not used to prevent, or mitigate the

consequences of, any previously analyzed accident or transient, nor

are any assumptions made in any accident analysis relative to the

operation of the TIP system. No other safety related system is

affected by this change.

The use of substitute values from symmetric TIP locations or

from calculations performed by the on-line computer core monitoring

system does not affect the consequences of plant transients

previously evaluated in the FSAR [Final Safety Analysis Report],

because the total core TIP reading (nodal power) uncertainty is less

than 8.7%. Thus, the MCPR safety limit is not affected.

(2) The proposed amendment does not create the possibility of a

new or different kind of accident from any accident previously

evaluated.

The proposed change does not involve the installation of any new

equipment, or the modification of any equipment designed to prevent

or mitigate the consequences of accidents or transients. Therefore,

the change has no effect on any accident initiator, and no new or

different type of accidents are postulated to occur.

(3) The proposed amendment does not result in a significant

reduction in the margin of safety.

The total core TIP reading uncertainties will remain with the

assumptions of the licensing basis, thus, the margin of safety to

the MCPR safety limits is not reduced. The ability of the computer

to accurately represent nodal powers in the reactor core is not

compromised. The ability of the computer to accurately predict the

LHGR, APLHGR, MCPR, and its ability to provide for LPRM calibration,

is not compromised. Therefore, the margin of safety is not

significantly reduced.

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 Rules Review and

Directives Branch, Division of Freedom of Information and Publication

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

20555.

The filing of requests for hearing and petitions for leave to

intervene is discussed below.

By August 22, 1994, 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 20555 and at the local

public document room located at the Appling County Public Library, 301

City Hall Drive, Baxley, Georgia 31513. 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 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, 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 20555, 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, and to Earnest L.

Blake, Jr., Esquire, Shaw, Pittman, Potts and Trowbridge, 2300 N

Street, NW., Washington, DC 20037, 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 July 19, 1994, which is available for

public inspection at the Commission's Public Document Room, the Gelman

Building, 2120 L Street, NW., Washington, DC 20555, and at the local

public document room, located at the Appling County Public Library, 301

City Hall Drive, Baxley, Georgia 31513.

Dated at Rockville, Maryland, this 20th day of July 1994.

For the Nuclear Regulatory Commission.

Kahtan N. Jabbour,

Project Manager, Project Directorate II-3, Division of Reactor

Projects--I/II, Office of Nuclear Reactor Regulation.

[FR Doc. 94-17984 Filed 7-21-94; 8:45 am]

BILLING CODE 7590-01-M