ML071870515

Individual Notice of Consideration of Issuance of Amendments Concerning Deletion of License Condition 2 (G)2 (TAC No. MD5871) (TS-461)

ML071870515
Person / Time
Site:	Browns Ferry
Issue date:	07/09/2007
From:	Ellen Brown NRC/NRR/ADRO/DORL/LPLII-2
To:	Campbell W Tennessee Valley Authority
Brown Eva, NRR/DORL, 415-2315
References
TAC MD5871, TS-461
Download: ML071870515 (10)

Text

July 9, 2007 Mr. William R. Campbell Chief Nuclear Officer and Executive Vice President Tennessee Valley Authority 6A Lookout Place 1101 Market Street Chattanooga, TN 37402-2801

SUBJECT:

BROWNS FERRY, UNIT 1 - INDIVIDUAL NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT CONCERNING DELETION OF LICENSE CONDITION 2.G.(2) (TAC NO. MD5871)(TS-461)

Dear Mr. Campbell:

The Nuclear Regulatory Commission (NRC) has forwarded the enclosed Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing, to the Office of the Federal Register for publication.

The proposed amendment would allow deletion of License Condition 2.G.(2) regarding the performance of power uprate large transient testing. In addition, it was requested that this proposed amendment be handled as an exigent request consistent with Title 10 to the Code of Federal Regulations Section 50.91(a)(6). The NRC has reviewed this request and determined that the circumstances presented by the licensee do not support an exigent review and abbreviated public comment period.

If you have any questions, please contact me at 301-415-2315.

Sincerely,

/RA/

Eva A. Brown, Project Manager Plant Licensing Branch II-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-259

Enclosure:

Notice of Consideration cc w/encl: See next page

July 9, 2007 Mr. William R. Campbell Chief Nuclear Officer and Executive Vice President Tennessee Valley Authority 6A Lookout Place 1101 Market Street Chattanooga, TN 37402-2801

SUBJECT:

BROWNS FERRY, UNIT 1 - INDIVIDUAL NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT CONCERNING DELETION OF LICENSE CONDITION 2.G.(2) (TAC NO. MD5871)(TS-461)

Dear Mr. Campbell:

The Nuclear Regulatory Commission (NRC) has forwarded the enclosed Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing, to the Office of the Federal Register for publication.

The proposed amendment would allow deletion of License Condition 2.G.(2) regarding the performance of power uprate large transient testing. In addition, it was requested that this proposed amendment be handled as an exigent request consistent with Title 10 to the Code of Federal Regulations Section 50.91(a)(6). The NRC has reviewed this request and determined that the circumstances presented by the licensee do not support an exigent review and abbreviated public comment period.

If you have any questions, please contact me at 301-415-2315.

Sincerely,

/RA/

Eva A. Brown, Project Manager Plant Licensing Branch II-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-259

Enclosure:

Notice of Cnsideration cc w/encl: See next page DISTRIBUTION:

PUBLIC LPL2-2 R/F RidsNrrPMEBrown RidsOgcRp RidsNrrLABClayton (Hard Copy) RidsNrrDorlLpl2-2 RidsAcrsAcnwMailCenter RidsRgn2MailCenter RidsNrrDorlDpr ADAMS ACCESSION NO: ML071870515 NRR-106 OFFICE LPL2-2/PM LPL2-2/LA LPL2-2/BC NAME EBrown BClayton TBoyce DATE 7/9/07 7/9/07 7/9/07 OFFICIAL RECORD COPY

7590-01-P UNITED STATES NUCLEAR REGULATORY COMMISSION TENNESSEE VALLEY AUTHORITY BROWNS FERRY NUCLEAR PLANT, UNIT 1 DOCKET NO. 50-259 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO RENEWED FACILITY OPERATING LICENSE, PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION, AND OPPORTUNITY FOR A HEARING The U.S. Nuclear Regulatory Commission (the Commission or NRC) is considering issuance of an amendment to Renewed Facility Operating License No. DPR-33 issued to the Tennessee Valley Authority (the licensee) for operation of the Browns Ferry Nuclear Plant, Unit 1, located in Limestone County, Alabama.

The proposed amendment would allow deletion of License Condition 2.G.(2) regarding the performance of power uprate large transient testing. In addition, it was requested that this proposed amendment be handled as an exigent request consistent with Title 10 to the Code of Federal Regulations (10 CFR), Section 50.91(a)(6). The Commission has reviewed this request and determined that the circumstances presented by the licensee do not support an exigent review and abbreviated public comment period.

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 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:

1. Does the proposed change involve a significant increase in the probability or consequences of an accident previously evaluated?

Response: No The requested licensing action would eliminate the current license condition schedule requirement to perform a full power turbine generator load reject transient test. No other changes are proposed. This proposed licensing action will not affect any system, structure, or component designed for the mitigation of previously analyzed events. Therefore, the proposed change does not involve an increase in the probability or consequences of an accident previously evaluated.

2. Does the proposed change create the possibility of a new or different kind of accident from any accident previously evaluated?

Response: No The requested licensing action would eliminate the current schedule requirement to perform a full power turbine generator load reject transient test. No other changes are proposed. Therefore, the proposed TS change does not create the possibility of a new or different kind of accident from any accident previously evaluated.

3. Does the proposed change involve a significant reduction in a margin of safety?

Response: No Performance of the full power load reject transient test is not necessary to ensure acceptable plant operation at the high thermal power level. Simple, integrated system tests have been performed, and a turbine trip from a high power and a main steam isolation valve transient test from full power have been experienced. In addition, other testing has been performed which demonstrated the satisfactory performance of individual components and subsytems. Thus, the proposed elimination of the load reject transient test will not significantly reduce any 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 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 60 days after the date of publication of this notice. The Commission may issue the license amendment before expiration of the 60-day period provided that its final determination is that the amendment involves no significant hazards consideration. In addition, the Commission may issue the amendment prior to the expiration of the 30-day comment period should circumstances change during the 30-day comment period such that failure to act in a timely way would result, for example, in derating or shutdown of the facility. Should the Commission take action prior to the expiration of either the comment period or the notice period, it will publish in the Federal Register a notice of issuance. Should the Commission make a final No Significant Hazards Consideration Determination, any hearing will take place 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 Chief, Rulemaking, Directives and Editing Branch, Division of Administrative Services, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and should cite the publication date and page number of this Federal Register notice. Written comments may also be delivered to Room 6D59, Two White Flint North, 11545 Rockville Pike, Rockville, Maryland, from 7:30 a.m.

to 4:15 p.m. Federal workdays. Documents may be examined, and/or copied for a fee, at the NRCs Public Document Room (PDR), located at One White Flint North, Public File Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland.

The filing of requests for hearing and petitions for leave to intervene is discussed below.

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 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 Commissions Rules of Practice for Domestic Licensing Proceedings in 10 CFR Part 2. Interested persons should consult a current copy of 10 CFR 2.309, which is available at the Commissions PDR, located at One White Flint North, Public File Area O1F21, 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 or 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/or 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 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 at 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/requestor 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 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.

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.

Nontimely requests and/or 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(c)(1)(i)-(viii).

A request for a hearing or a 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, and 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 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 the General Counsel, Tennessee Valley Authority, 400 West Summit Hill Drive, ET 11A, Knoxville, Tennessee 37902.

For further details with respect to this action, see the application for amendment dated June 25, 2007, and supplemental letter dated July 3, 2007, which are available for public inspection at the Commission's PDR, located at One White Flint North, File Public Area O1-F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible from the Agencywide Documents Access and Management System's (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 9th day of July 2007.

FOR THE NUCLEAR REGULATORY COMMISSION

/RA/

Eva A. Brown, Project Manager Plant Licensing Branch II-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

William R. Campbell, Jr. BROWNS FERRY NUCLEAR PLANT Tennessee Valley Authority cc:

Mr. Ashok S. Bhatnagar Mr. Robert G. Jones, General Manager Senior Vice President Browns Ferry Site Operations Nuclear Generation Development Browns Ferry Nuclear Plant and Construction Tennessee Valley Authority Tennessee Valley Authority P.O. Box 2000 6A Lookout Place Decatur, AL 35609 1101 Market Street Chattanooga, TN 37402-2801 Mr. Larry S. Mellen Browns Ferry Unit 1 Project Engineer Mr. Preston D. Swafford Division of Reactor Projects, Branch 6 Senior Vice President U.S. Nuclear Regulatory Commission Nuclear Support 61 Forsyth Street, SW.

Tennessee Valley Authority Suite 23T85 6A Lookout Place Atlanta, GA 30303-8931 1101 Market Street Chattanooga, TN 37402-2801 Ms. Beth A. Wetzel, Manager Corporate Nuclear Licensing Mr. Walter M. Justice II and Industry Affairs Interim Vice President Tennessee Valley Authority Nuclear Engineering & Technical Services 4X Blue Ridge Tennessee Valley Authority 1101 Market Street 6A Lookout Place Chattanooga, TN 37402-2801 1101 Market Street Chattanooga, TN 37402-2801 Mr. William D. Crouch, Manager Licensing and Industry Affairs Brian OGrady, Site Vice President Browns Ferry Nuclear Plant Browns Ferry Nuclear Plant Tennessee Valley Authority Tennessee Valley Authority P.O. Box 2000 P.O. Box 2000 Decatur, AL 35609 Decatur, AL 35609 Senior Resident Inspector General Counsel U.S. Nuclear Regulatory Commission Tennessee Valley Authority Browns Ferry Nuclear Plant ET 11A 10833 Shaw Road 400 West Summit Hill Drive Athens, AL 35611-6970 Knoxville, TN 37902 State Health Officer Mr. John C. Fornicola, General Manager Alabama Dept. of Public Health Nuclear Assurance RSA Tower - Administration Tennessee Valley Authority Suite 1552 6A Lookout Place P.O. Box 303017 1101 Market Street Montgomery, AL 36130-3017 Chattanooga, TN 37402-2801 Chairman Mr. Bruce Aukland, Plant Manager Limestone County Commission Browns Ferry Nuclear Plant 310 West Washington Street Tennessee Valley Authority Athens, AL 35611 P.O. Box 2000 Decatur, AL 35609 Mr. Robert H. Bryan, Jr., General Manager Licensing and Industry Affairs Mr. Masoud Bajestani, Vice President Tennessee Valley Authority Browns Ferry Unit 1 Restart 4X Blue Ridge Browns Ferry Nuclear Plant 1101 Market Street Tennessee Valley Authority Chattanooga, TN 37402-2801 P.O. Box 2000 Decatur, AL 35609