ML18036B224

Notice of Consideration of Issuance of Amends to Licenses DPR-33,DPR-52 & DPR-68 & Proposed NSHC Determination & Opportunity for Hearing.Proposed Changes Consist of Administrative Changes to TS for Plant

ML18036B224
Person / Time
Site:	Browns Ferry
Issue date:	03/26/1993
From:	Nerses V Office of Nuclear Reactor Regulation
To:
Shared Package
ML18036B225	List: ML18036B224
References
NUDOCS 9304060326
Download: ML18036B224 (11)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION T NNESSEE VALLEY AUTHORITY DOCKET NOS.

50-259 50-260 AND 50-296 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE PROPOSED NO SIGNIFICANT HAZARDS CONS ID RATION 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-33, DPR-52, and DPR-68 issued to the Tennessee Valley Authority (the licensee) for operation of the Browns Ferry Nuclear Plant (BFN), Units 1, 2,

and 3 located in Limestone County, Alabama.

The proposed changes consist of administrative changes to the Technical Specifications for the BFN, Units 1, 2, and 3.

The changes include deletion of requirements applicable only to BFN Unit 2 Cycle 6 operation, various administrative error corrections, correction of discrepancies between the Technical Specification Bases and the BFN Final Safety Analysis Report, and clarification of certain requirements to ensure consistency in application.

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.

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 9304060326 930326 PDR

'ADOCK 05000259 P

PDR

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:

The proposed amendment does not involve a significant increase in the probability or consequences of any accident previously evaluated.

The proposed changes are administrative in nature.

They are being made to delete Unit 2 Cycle 6 only requirement, to correct administrative errors in previous technical specifications, and to correct discrepancies between technical specification bases and the BFN FSAR.

They also include the clarification of some requirements to ensure consistent application throughout the specifications.

These changes do not affect any of the design basis accidents.

They do.not involve an increase in the probability or consequences of an accident previously evaluated.

2.

3.

The proposed amendment does not create the possibility of a new or different kind of accident from any accident previously evaluated.

The proposed changes are administrative in nature.

They are being made to delete a Unit 2 Cycle 6 only requirement, to correct administrative errors in previous technical specifications, and to correct discrepancies between technical specification bases and the BFN FSAR.

They also include the clarification of some requirements to ensure consistent application throughout the specifications.

No modifications to any plant equipment are involved.

There are no effects on system interactions made by these changes.

The changes will correct the technical specifications so that they are more accurate and more closely reflect actual plant condition.

They do not create the possibility of a new or different kind of accident from an accident previously evaluated.

The proposed amendment does not involve a significant reduction in the margin of safety.

The proposed changes are administrative in nature.

They delete a Unit 2 Cycle 6 only requirement, correct administrative 'errors in previous technical specifications, and correct discrepancies between technical specification bases and the BFN FSAR.

They also include the clarification of some requirements to ensure consistent application through the specifications.

No safety margins are affected by these changes.

i' 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 wi11 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 signi;ficant hazards consideration.

The final determination will consider all publ.ic 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'o 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 A'dministration, 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

P-223, Phillips Building, 7920 Norfolk Avenue,

Bethesda, 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, OC 20555.

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

By May 3,

1993, 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, OC 20555 and at the local public document room located at the Athens Public Library, South Street,

Athens, Alabama 35611.

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 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 rel-ief.

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.

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 20555, 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 l-(800) 248-5100 (in Missouri l-(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

Counsel, Tennessee Valley Authority, 400 West Summit Hill

Drive, ET 11H, 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'nd/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 Parch 18,

1993, which is available for public inspection at the Commission's Public Document 'Room, the Gelman Building, 2120 L Street,

~t

NW., Washington, DC 20555 and't the local public document room located at the Athens Public Library, South Street,

Athens, Alabama 35611..

'Dated at Rockville, Maryland, this 26th day of March 1993.

FOR THE NUCLEAR REGULATORY COMMISSION Victor Nerses, Acting Director Project Directorate II-4 Division of Reactor Projects - I/II Office of Nuclear Reactor Regulation

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