ML18026A757

Notice of Consideration of Issuance of Amend to Licenses DPR-33,DPR-52 & DPR-68 & Proposed NSHC Determination & Opportunity for Hearing

ML18026A757
Person / Time
Site:	Browns Ferry
Issue date:	10/25/1983
From:	Vassallo D Office of Nuclear Reactor Regulation
To:
Shared Package
ML18026A758	List: ML18026A757
References
NUDOCS 8311140373
Download: ML18026A757 (8)

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7590-01 UNITED STATES NUCLEAR REGULATORY COMMISSION TENNESSEE VALLEY AUTHORITY DOCKET NOS. 50-259, 50-260, AND 50-296 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENTS TO FACILITY OPERATING LICENSES AND PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION AND OPPORTUNITY fOR HEARING The U. S. Nuclear Regulatory Commission (the Commission) is considering issuance of an amendment to Facility Operating License Nos.

DPR-33, DPR-52 and DPR-68, issued to Tennessee Valley Authority (the licensee), for opera-tion of the Browns Ferry Nuclear Power Plant, Unit Nos.

1, 2 and 3 located in Limestone County, Alabama.

The amendment proposed by the licensee would revise the Technical Specifications of the operating licenses to add additional restrictions, 4

limits and controls on the amount of unidentified leakage into primary con-tainment.

The present Technical Specifications limit leakage from unidentified sources to a total of 5 gpm.

The changes would add an addi-tional limitation that the unidentified leakage also be limited to an increase of not more than 2 gpm in any 24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> period.

The changes would also require that the systems be checked every 8 hours9.259259e-5 days <br />0.00222 hours <br />1.322751e-5 weeks <br />3.044e-6 months <br /> rather than once every 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> as is now required.

These additional leakage limitations were proposed by the licensee after discussions with the staff concerning the monitoring of leakage into primary containment.

These revisions to the Technical Specifications would be made in response to the licensee's application dated March 25, 1983.

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

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~ g 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 pre-viously 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.

The Commission has provided guidance concerning the application of the standards by providing examples of actions that are likely, and are not likely, to involve significant hazards considerations (48 FR 14870).

Examples of actions not likely to involve significant hazards considerations include:

"(ii)

A change that constitutes an additional limitation, restriction, or control not presently included in the technical specifications:

-for

example, a more stringent surveillance requirement."

The additional restrictions, limitations and controls on unidentified drywell leakage'hich are being added to the present limits in the Technical Specifications are encompassed by the above example.

Thus, this change falls within example (ii) of changes that are not likely to involve significant hazards considerations and on this basis the staff proposes to find that this change does not involve significant hazards considerations.

The Commission is seeking public comments on this proposed

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determination.

Any comments received within 30 days after the date of

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publication of this notice will be considered in making any final

determination.

The Commission will not normally make a final determination unless it receives a request for a hearing.

Communis shou'id be addressed to the Secretary of the Commission, U. S. Nuclear Regulatory Commission, Washington, D.

C.

20555, Attn:

Docketing and Service Branch.

By November 30, lg83, the licensee may file a request for a hearing with respect to issuance of the amendment to the subject facility operating licenses 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 petition for leave to intervene.

Request for a hearing and peti-t tions for leave to inter'vene shall be filed in accordance with the Commission's "Rules of Practice for Domestic Licensing Proceedings" in 10 CFR Part 2. If a request for a hearing or P'etition for leave to inter-vene 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 52.714, a petition for leave to intervene shall set forth with particularity the interest of the petitioner in the proceed-ing, 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

-;ntere"t.

The petition should also identify the "pecific 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 fifteen (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 fifteen (15) days prior to the first prehearing l

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," and the bases for each con-tention set forth with reasonable specificity.

Contentions. shall be limited to matters within the scope of the amendment under consideration.

A petitioner who fails to file such a supplement which satisfies these require-ments 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 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 involves a

significant hazards consideration, any hearing held would take place before the issuance of any amendment.

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 4

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 deter-mination will consider all public and State comments received.

Should the Commission take this action, it will publish 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.

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, D.

C.

20555,.Attn:

Docketing and Service

Branch, or may be delivered to the Commission's Public Document

Room, 1717 H Street, N. W., Washington, D. C.,

by the above date.

Where petitions are filed during the last ten

( 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 (800) 325-6000 (in Missouri (800) 342-6700).

The

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Western Union operator should be given Datagram Identification Number 3737 and the following message addressed to Domenic B. Vassallo:

petitioner's name and telephone number; date pet)zion was mailea; plant name; and publi-cation date and page number of this FEDERAL REGISTER notice.

A copy of the petition should also be sent toi the Executive Legal Director, U. S. Nuclear I

Regulatory Commission, Washington, D.

C.

20555, and to H. S. Sanger; Jr.,

Esquire, General

Counsel, Tennessee Valley Authority, 400 Commerce

Avenue, E11B 33C, 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 I

entertained absent a determination by the Commission, the presiding officer or the Atomic Safety and Licensing Board designated to rule on the petition and/or request, that the petitioner has made a substantial showing of good cause for the granting of a late petition and/or request.

That determina-tion will be based upon a balancing of the factors specified in 10 CFR 2.714(a)(l)(i)-(v) and 2.714(d).

For further details with respect to this action, see the application for amendment, dated March 25, 1983, which is available for public inspec-tion at the Commission's Public Document

Room, 1717 H Street, N. W.,

Washington, D. C.,

and at the Athens Public Library, South and Forrest,

Athens, Alabama 35611.

Dated at Bethesda, Maryland, this 25th day of October, 1983.

FOR THE NUCLEAR REGULATORY COMMISSION Domenic B. Vassallo, Chief Operating Reactors Branch

-":2 Division of Licensing

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