ML18037A526
| ML18037A526 | |
| Person / Time | |
|---|---|
| Site: | Browns Ferry  |
| Issue date: | 10/25/1993 |
| From: | Hebdon F Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML18037A527 | List: |
| References | |
| NUDOCS 9311010095 | |
| Download: ML18037A526 (15) | |
Text
UNIT D STATES NUCLEAR REGULATORY COMMISSION T NNESSE VALLEY AUTHORITY BROWNS FERRY NUCLEAR PLANT UNITS I 2
AND 3 DOCKET NOS.
50-259 50-260 AND 50-296 NOTIC OF CONSID RA ION OF ISSUANC OF AM NDM T 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 No. DPR-33, DPR-52 and DPR-68 issued to Tennessee Valley Authority for operation of the Browns Ferry Nuclear Plant, Units 1, 2 and 3 located in Limestone County, Alabama.
The proposed amendment would revise the Browns Ferry Technical Specifications to implement the latest revision of 10 CFR 20, incorporates guidance from Regulatory Guide SN10, and makes some minor editorial changes.
Before issuance of the proposed license amendment, the Commission will have made findings required by the Atomic'nergy 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 1
accident from any accident previously evaluated; or (3) involve a significant 9311010095 '931025~
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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 consi.deration.
The NRC's staff's review is presented below:
1.
The proposed amendment does not involve a significant increase in the probability or consequences of an accident previously evaluated.
The.proposed changes modify liquid and gaseous release. rate limits,,
replace the old 10 CFR 20 requirements wi.th the new 10 CFR 20 requirements and references, revise Technical Specification (TS) bases for the l.iquid holdup tank activity limit, incorporate guidance:.outlined in Regulatory Guide 8N10, and incorporate editorial changes.
These proposed changes will not involve a significant increase in the probabili.ty or consequences of an accident previously evaluated because there is no change in the types and amounts of effluents that will be released, nor will there, be, an increase in individual or cumulative occupational radiation exposure.
2.
The proposed'mendment does not create the possibility of a new or different kind of accident from an accident previously evaluated.
The proposed revisions will not create the possibility of a new or different kind'f accident from any previously evaluated because the revisions are administrative and will not change the types and the amounts of effluents that will be released.
3.
The p'roposed amendment does not involve a significant reduction in the margin of safety.
The proposed revisions will not reduce a margin of. safety
- because, for the liquid effluent releases, the methodology that wil-1 be used in the control
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of radioactive effluents will result in the same effluent dose to a member of the publ-ic as permitted by the current limits.
This is acceptable since annual doses will be 'limited to the doses specified in 10 CFR 50, Appendix I, and 40 CFR 190.
Currently, BFN TS l.iquid effluent release annual dose is 500 mrem based on the concentrations in 10 CFR 20,,Appendix B, Table I,I, column '2.
However, this proposed revision is a factor of 10 higher than the annual
.dose of 50 mrem, upon. which the concentrations in the new 10 CFR 20, Appendix 8, Table 2',
col.umn 2 are based; nevertheless,,it is.consistent with annual dose specified'n 10 CFR 50, Appendix I and 40 CFR 190.
In addition, for gaseous effluent releases, the limits associated w'ith the gaseous release rate TSs are also a factor. of 10 higher and will 'be maintained at the current dose rate limits in,accordance with 10 CFR 50, Appendix I, and 40 'CFR 190.
Accordingly, compliance with the limits of the new 10 CFR 20. 1301 will be demonstrated by, operating within the limi,ts of, 10 CFR 50, Appendix I and 40, CFR 190.
Because compliance with the regulatory requirements has not been compromised and because these changes did not alter the facility. or its
- design, there is no reduction in the. margin of safety.
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 thi's notice will be considered in making-any final determination.
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Normal.ly, 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 invol'ves no significant hazards consideration.
The final determination will consider al.l 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 Admini'stration, 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, DC 20555.
The fil'ing of requests for hearing and petitions for leave to intervene is discussed below.
By November 29,
- 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
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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 pet'ition 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 20555 and at the local public document room located at 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 specifical,ly explain the reasons why intervention should be permitted with particular reference to the following factors:
(I) 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 al'so 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
r supplement which satisfies these requirements with respect to at least one contention wil,l 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, OC 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
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the General
- Counsel, U.S. Nuclear Regulatory Commission, Washington, OC 20555, and to General
- Counsel, Tennessee Valley Authority, 400 West Summit Hill
- 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)(l)(i)-(v) and 2.714(d).
For further details with respect to this action, see 'the application for amendment dated August 27, 1993, which is available for public inspection at the Commission's Public Document Room, the Gelman Building,. 2120 L Street, NW., Washington, DC 20555 and at the local public document room located at the Athens Public Library, South Street,
- Athens, Alabama 35611.
Dated at Rockville, maryland, this 25th day of October 1993.
FOR THE NUCLEAR REGULATORY COMMISSION Frederick J.
He on, Director Project Directorate II-4 Division of Reactor Projects I/II Office of Nuclear Reactor Regulation
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