[Federal Register Volume 60, Number 157 (Tuesday, August 15, 1995)]
[Notices]
[Pages 42187-42189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20119]



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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-327 and 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 an amendment 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 amendment would revise the numerical values for the 
overtemperature and overpower delta-temperature equation constants in 
Technical Specification (TS) Table 2.2-

[[Page 42188]]
1, Reactor Trip System Instrumentation Trip Setpoints. The original 
proposed change, published in the Federal Register April 26, 1995 (60 
FR 20527), would have moved these values from the TS to the Core 
Operating Limit Report.
    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 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 Act) and the Commission's regulations.
    The Commission has 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 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:

    TVA has evaluated the proposed technical specification (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 revision of the [tau]4 constant numerical value in the 
overtemperature delta temperature (OT[delta]T) and overpower delta 
temperature (OP[delta]T) equations have been analyzed by the [* * *] 
Westinghouse Electric Corporation evaluation and have been found to 
have sufficient margin for the proposed change. This evaluation 
shows that the proposed changes are bounded by the existing analysis 
for Chapter 6 and 15 accidents. The setpoint change will continue to 
meet the applicable safety analysis acceptance criteria for the 
transients evaluated. The offsite dose rates for postulated 
accidents have not exceeded the values stated in the Updated Final 
Safety Analysis Report as a result of this change. The clarification 
of the equality signs for the constant numerical values does not 
change plant or accident mitigation functions. Therefore, the 
proposed changes will not increase the consequences of an accident.
    This change affects the OT[delta]T and OP[delta]T functions that 
are designed to mitigate the consequences of an accident and are not 
considered to be an accident initiating source. Therefore, the 
probability of an accident is not increased by the proposed change.
    2. Create the possibility of a new or different kind of accident 
from any previously analyzed.
    The revision of lead/lag dynamic compensation for the OT[delta]T 
and OP[delta]T functions do not impact accident initiators because 
these functions are used for accident mitigation and are not 
postulated as a source. Therefore, the possibility of a new or 
different kind of accident is not created by the proposed revision.
    3. Involve a significant reduction in a margin of safety.
    The proposed revision to the lead/lag compensation for the 
OT[delta]T and OP[delta]T functions does not invalidate the 
conclusions in the safety analysis. Margins provided for in the 
safety analysis are maintained with the proposed changes such that 
no reduction in the margin of safety is involved.

    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 September 14, 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 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 

[[Page 42189]]
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.
    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 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 April 6, 1995, which was superseded by 
the application dated August 7, 1995, which are 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 local public document room located at the 
Chattanooga-Hamilton County Library, 1101 Broad Street, Chattanooga, 
Tennessee 37402.

    Dated at Rockville, Maryland, this 9th day of August 1995.

    For the Nuclear Regulatory Commission.
David E. LaBarge,
Sr. Project Manager, Project Directorate II-3, Division of Reactor 
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 95-20119 Filed 8-14-95; 8:45 am]
BILLING CODE 7590-01-P