Arkansas Nuclear One, Unit 1; Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing

NUCLEAR REGULATORY COMMISSION

[Docket No. 50-313]

Arkansas Nuclear One, Unit 1; 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 No.

50-313, issued to Entergy Operations Inc. (the licensee), for operation

of Arkansas Nuclear One, Unit 1 (ANO-1) located in Pope County

Arkansas.

The proposed amendment would modify the operability requirements

related to the reactor building (containment) emergency cooling system.

Following failure of one of four reactor building cooling fans, the

licensee reconfigured the reactor building cooling air and water flows

to ensure that the system could cool the reactor building after a

design basis loss of coolant accident. The licensee requested an

exigent Technical Specification (TS) change to include the reconfigured

reactor building cooling system in the TS as an authorized

configuration. NRC granted enforcement discretion on May 12, 1995 to

allow the facility to continue operation while this exigent TS is

processed.

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:

Criterion 1: Involves a significant increase in the probability

or consequences of an accident previously evaluated.

The Reactor Building Emergency Cooling system is not an

initiator of any accident described in the ANO-1 Safety Analysis

Report. The engineering evaluation discussed [[Page 27145]] above

verifies that the green train of the Reactor Building Emergency

Cooling system remains operable and capable of performing its design

function under all postulated accident conditions. Therefore, the

probability or consequences of any previously evaluated accident is

not increased.

Criterion 2: Create the possibility of a new or different kind

of accident from any accident previously evaluated.

The subject request does not create the possibility of a new or

different kind of accident from any previously evaluated since the

green train of the Reactor Building Emergency Cooling system remains

operable and because the reactor building coolers and their

associated surveillances are not related to the creation of

accidents.

Criterion 3: Involve a significant reduction in a margin of

safety.

The subject request does not involve a significant reduction in

a margin of safety since both trains of the Reactor Building

Emergency Cooling system remain operable. The current configuration

represents a reduction in available flow; however, this is not

considered significant since required heat removal capability is

still maintained.

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 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 June 21, 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. Interest 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 Tomlinson Library, Arkansas Tech University, Russellville, Arkansas

72801. 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 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 [[Page 27146]] 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 [APPROPRIATE PD]: 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 Nicholas S.

Reynolds, Esquire, Winston and Strawn, 1400 L Street, N.W., Washington,

D.C. 20005-3502, 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 May 15, 1995, 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 Tomlinson Library, Arkansas Tech

University, Russellville, Arkansas 72801.

Dated at Rockville, Maryland, this 16th day of May 1995.

For the Nuclear Regulatory Commission.

George Kalman,

Senior Project Manager, Project Directorate IV-1, Division of Reactor

Projects--III/IV Office of Nuclear Reactor Regulation.

[FR Doc. 95-12470 Filed 5-19-95; 8:45 am]

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