Sequoyah Nuclear Plant Units 1 and 2; Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing

Federal RegisterDec 29, 1994

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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-327 and 50-328]

Sequoyah Nuclear Plant Units 1 and 2; 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 amendments to Facility Operating License Nos.

DPR-77 and DPR-79 issued to the Tennessee Valley Authority (the

licensee) for operation of the Sequoyah Nuclear Plant, Units 1 and 2,

located in Soddy Daisy, Tennessee.

The proposed amendments, submitted by the licensee's letter dated

December 16, 1994, would revise the surveillance requirements for

diesel generators, deleting a requirement to accelerate to at least 900

revolutions per minute (rpm), adding wording for voltage and frequency

acceptance criteria, and deleting a requirement for a 10-year

surveillance during shutdown.

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 had 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 amendments 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 Tennessee Valley Authority] TVA has evaluated the proposed

technical specifications (TS) change and has determined that it does

not represent a significant hazards consideration based on criteria

established in 10 CFR 50.92(c). Operation of Sequoyah Nuclear Plant

(SQN) in accordance with the proposed amendment will not:

1. Involve a significant increase in the probability or

consequences of an accident previously evaluated.

The proposed changes to these surveillances do not alter the

intent or methods for verifying diesel generator (D/G) operability.

The intent of the 900 revolutions per minute (rpm) requirement is

still maintained by the 60 plus or minus 1.2 hertz (Hz) requirement

with acceptable tolerances. The deletion of the requirement to

perform interdependence testing during shutdown does not alter the

test but does provide reasonable flexibility to perform testing

during power operation. By testing this function at power the

probability and consequences of an accident are not increased. These

surveillances verify operability of the D/Gs and do not impact the

availability of D/Gs for accident mitigation. In addition, these

tests, as well as the D/Gs, can not be the source of an accident.

These proposed changes will not increase the probability or

consequences of an accident.

2. Create the possibility of a new or different kind of accident

from any previously analyzed.

The D/G and TS testing to verify operability are not postulated

to create an accident. The affected surveillances are not changed in

intent and will be performed in the same manner. Testing D/G starts

during power operation is conducted on a weekly basis, therefore,

10-year interdependence testing under these conditions will not

present additional accident generation concerns. Therefore, the

proposed changes will not create a new or different kind of

accident.

3. Involve a significant reduction in a margin of safety.

The testing requirements affected by the proposed changes will

continue to verify D/G operability within the same or more

conservative limits, intent, and testing methods. The changes

provide flexibility in verifying D/G speed during ambient starts and

relaxed operating conditions for performing interdependence tests.

This flexibility does not lessen the operability verification

requirements for the D/Gs or the margin of safety provided by the D/

Gs. Therefore, the proposed changes do not reduce 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 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 January 27, 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 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, 1101

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, 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 Mr. Frederick J. Hebdon: 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 General Council, Tennessee Valley Authority, ET 11H, 400 West 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 September 8, 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 Chattanooga-Hamilton County

Library, 1101 Broad Street, Chattanooga, Tennessee 37402.

Dated at Rockville, Maryland, this 22nd day of December 1994.

For the Nuclear Regulatory Commission.

Joseph F. Williams,

Project Manager, Project Directorate II-4, Division of Reactor

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

[FR Doc. 94-32084 Filed 12-28-94; 8:45 am]

BILLING CODE 7590-01-M

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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