ML051160036

Notice of Consideration of Issuance of Amendment and Notice of Opportunity for a Hearing Regarding Extended Power Uprate (Tac No. MC3743, MC3744)

ML051160036
Person / Time
Site:	Browns Ferry
Issue date:	07/01/2005
From:	Ellen Brown NRC/NRR/DLPM/LPD2
To:	Singer K Tennessee Valley Authority
Brown Eva, NRR/DLPM, 415-2315
References
TAC MC3743, TAC MC3744
Download: ML051160036 (8)

Text

July 1, 2005 Mr. Karl W. Singer Chief Nuclear Officer and Executive Vice President Tennessee Valley Authority 6A Lookout Place 1101 Market Street Chattanooga, Tennessee 37402-2801

SUBJECT:

BROWNS FERRY NUCLEAR PLANT UNITS 2 AND 3 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENTS TO FACILITY OPERATING LICENSE FOR EXTENDED POWER UPRATE AND OPPORTUNITY FOR A HEARING (TAC NOS. MC3743 AND MC3744)

Dear Mr. Singer:

Enclosed is a copy of a Notice of Consideration of Issuance of Amendment to Facility Operating License and Opportunity For a Hearing related to your application for amendments dated June 25, 2004, as supplemented on February 23 and April 25, 2005, for Browns Ferry Nuclear Plant (BFN), Units 2 and 3.

The proposed amendments would change the BFN, Units 2 and 3 operating licenses to increase the maximum authorized power level from 3458 megawatts thermal (MWt) to 3952 MWt. This change represents an increase of approximately 15 percent above the current maximum authorized power level. The proposed amendments would also change the BFN licensing bases and any associated technical specifications for containment overpressure.

This notice has been forwarded to the Office of Federal Register for publication.

Sincerely,

/RA/

Eva A. Brown, Project Manager, Section 2 Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-260 and 50-296

Enclosure:

As stated cc w/encl: See next page

ML051160036 *No Legal Objection NRR-106 OFFICE PDII-2/PM PDII-2/LA OGC* PDII-2/SC NAME EBrown BClayton KKannler MMarshall DATE 06/09/05 06/09/05 06/20/05 07/01/05 Mr. Karl W. Singer BROWNS FERRY NUCLEAR PLANT Tennessee Valley Authority cc:

Mr. Ashok S. Bhatnagar, Senior Vice President Mr. Fredrick C. Mashburn Nuclear Operations Senior Program Manager Tennessee Valley Authority Nuclear Licensing 6A Lookout Place Tennessee Valley Authority 1101 Market Street 4X Blue Ridge Chattanooga, TN 37402-2801 1101 Market Street Chattanooga, TN 37402-2801 Mr. Larry S. Bryant, General Manager Nuclear Engineering Manager Tennessee Valley Authority Licensing and Industry Affairs 6A Lookout Place Browns Ferry Nuclear Plant 1101 Market Street Tennessee Valley Authority Chattanooga, TN 37402-2801 P.O. Box 2000 Decatur, AL 35609 Site Vice President Browns Ferry Nuclear Plant Senior Resident Inspector Tennessee Valley Authority U.S. Nuclear Regulatory Commission P.O. Box 2000 Browns Ferry Nuclear Plant Decatur, AL 35609 10833 Shaw Road Athens, AL 35611-6970 General Counsel Tennessee Valley Authority State Health Officer ET 11A Alabama Dept. of Public Health 400 West Summit Hill Drive RSA Tower - Administration Knoxville, TN 37902 Suite 1552 P.O. Box 303017 Mr. John C. Fornicola, Manager Montgomery, AL 36130-3017 Nuclear Assurance and Licensing Tennessee Valley Authority Chairman 6A Lookout Place Limestone County Commission 1101 Market Street 310 West Washington Street Chattanooga, TN 37402-2801 Athens, AL 35611 Plant Manager Browns Ferry Nuclear Plant Tennessee Valley Authority P.O. Box 2000 Decatur, AL 35609

7590-01-P UNITED STATES NUCLEAR REGULATORY COMMISSION TENNESSEE VALLEY AUTHORITY BROWNS FERRY NUCLEAR PLANT, UNITS 2 AND 3 DOCKET NOS. 50-260 AND 50-296 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENTS TO FACILITY OPERATING LICENSE AND OPPORTUNITY FOR A HEARING The U.S. Nuclear Regulatory Commission (NRC or the Commission) is considering issuance of amendments to Facility Operating Licenses No. DPR-52 and DPR-68, issued to Tennessee Valley Authority (the licensees), for operation of the Browns Ferry Nuclear Plant (BFN) Units 2 and 3 located in Limestone County, Alabama.

The proposed amendments would change the BFN, Units 2 and 3 operating licenses to increase the maximum authorized power level from 3458 megawatts thermal (MWt) to 3952 MWt. This change represents an increase of approximately 15 percent above the current maximum authorized power level. The proposed amendments would also change the BFN, Units 2 and 3 licensing bases and any associated technical specifications for containment overpressure.

Before issuance of the proposed license amendments, the Commission will have made findings required by the Atomic Energy Act of 1954, as amended (the Act), and the Commission's regulations.

Within 60 days after the date of publication of this notice, the licensee may file a request for a hearing with respect to issuance of the amendments 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 Commissions Rules of Practice for Domestic Licensing Proceedings in 10 CFR Part 2. Interested persons should consult current copies of 10 CFR 2.309, 2.304, and 2.305, which are available at the Commissions Public Document Room (PDR), located at One White Flint North, Public File Area 01F21, 11555 Rockville Pike (first floor), Rockville, Maryland.

Publicly available records will be accessible from the Agencywide Documents Access and Management Systems (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, http://www.nrc.gov/reading-rm/doc-collections/cfr/. If a request for a hearing and petition for leave to intervene is filed by the above date, the Commission or a presiding officer designated by the Commission or by the Chief Administrative Judge of the Atomic Safety and Licensing Board Panel will rule on the request and petition; and the Secretary or the Chief Administrative Judge of the Atomic Safety and Licensing Board will issue a notice of a hearing or an appropriate order.

As required by 10 CFR 2.309, a petition for leave to intervene shall set forth with particularity the interest of the petitioner/requestor 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 general requirements: 1) the name, address and telephone number of the requestor or petitioner; 2) the nature of the requestors/petitioners right under the Act to be made a party to the proceeding; 3) the nature and extent of the requestors/petitioners property, financial, or other interest in the proceeding; and 4) the possible effect of any decision or order which may be entered in the proceeding on the requestors/petitioners interest. The petition must also identify the specific contentions which the petitioner/requestor seeks to have litigated in the proceeding.

Each contention must consist of a specific statement of the issue of law or fact to be raised or controverted. In addition, the petitioner/requestor shall provide a brief explanation of

the bases for 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. The petition must include 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/requestor to relief. A petitioner/requestor who fails to satisfy 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.

Nontimely requests and petitions and contentions will not be entertained absent a determination by the Commission or the presiding officer of the Atomic Safety and Licensing Board that the petition, request and/or the contentions should be granted based on a balancing of the factors specified in 10 CFR 2.309(a)(1)(I)-(viii).

A request for a hearing and petition for leave to intervene must be filed by: 1) first class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemaking and Adjudications Staff;

2) courier, express mail, or expedited delivery services: Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland, 20852, Attention:

Rulemaking and Adjudications Staff; 3) e-mail addressed to the Office of the Secretary, U.S.

Nuclear Regulatory Commission, HEARINGDOCKET@NRC.GOV; or 4) facsimile transmission addressed to the Office of the Secretary, U.S. Nuclear Regulatory Commission, Washington,

DC, Attention: Rulemakings and Adjudications Staff at (301) 415-1101, verification number is (301) 415-1966. A request for hearing and petition for leave to intervene need not comply with 10 CFR 2.304(b), (c) and (d) if an original and two copies otherwise complying with the requirements of that section are mailed within two (2) days after filing by e-mail or facsimile transmission to the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemakings and Adjudications Staff. A copy of the request for hearing and petition for leave to intervene should also be sent to the Office of the General Counsel, U.S.

Nuclear Regulatory Commission, Washington, DC 20555-0001, and it is requested that copies be transmitted either by means of facsimile transmission to 301-415-3725 or by email to OGCMailCenter@nrc.gov. A copy of the request for hearing and petition for leave to intervene should also be sent to General Counsel, Tennessee Valley Authority, ET 11A, 400 West Summit Hill Drive, Knoxville, Tennessee, 37902, attorney for the licensee.

For further details with respect to this action, see the application for amendments dated June 25, 2004, and supplements dated February 23 and April 25, 2005, which are available for public inspection at the Commission's PDR, located at One White Flint North, Public File Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible electronically from the ADAMS Public Electronic Reading Room on the Internet at the NRC Web site, http://www.nrc.gov/reading-rm/adams.html. Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS

should contact the NRC PDR Reference staff by telephone at 1-800-397-4209, 301-415-4737, or by e-mail to pdr@nrc.gov.

Dated at Rockville, Maryland, this 1st day of July 2005.

FOR THE NUCLEAR REGULATORY COMMISSION

/RA/

Eva A. Brown, Project Manager, Section 2 Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation