ML20066C920

Notice of Consideration of Issuance of Amend to License DPR-52 & Proposed NSHC Determination & Opportunity for Hearing Re 890414 Request to Add License Condition 2.C.5(a) & Revise TS Sections 6.5.1.6,6.5.2.8 & 6.8.1

ML20066C920
Person / Time
Site:	Browns Ferry
Issue date:	01/03/1991
From:	Ross T Office of Nuclear Reactor Regulation
To:
Shared Package
ML20066C922	List: ML20066C920
References
NUDOCS 9101110318
Download: ML20066C920 (8)

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7590-01 UNITED STATE! LUCLEAR REGULATORY COMMIS$10N TENNESSEE VALLEY AUTHORITY DOCKET NO. 50-260 NOTICE OF CONSIDERATION OF' ISSUANCE OF AMENDMENT TO FACIl!TY OPERATING LICENSE AND PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION AND OPPORTUNITY FOR HEARING The U.S. Nuclear Regulatory Coswiission-(the Conunission) is considering issuance of an amendrent to Facility Operating License No. DPR-52 issued to Tennessee Valley Authority (the licensee) for operation of Browns Ferry Nuclear Plant, Unit 2 (BFN2) located in Limestone County, Alabama.

The licensee submitted a request for an amendment by letter April 14, 1989 as supplemented by letters dated April 14, 1989 nuary 30,1990, and Decem-5 ber 11, 1990.

The amendment request proposed changes to add License Condition 2.C.5(a),

aswellasreviseBFN2TechnicalSpecifications(TS) Sections 6.5.1.6,6.5.2.8 and6.8.1). The changes would allow the licensee to implenent an Appendix P.

Safe Shutdown as approved by the NRC, under controls of the BFN2 TS. Generic t.etter 8610 provided guidance for the changes.

On April 14, 1989, when the licensee submitted the' request for amendment, a concurrentsubmittaloftheAppendixRSafeShutdownProgram(theprogram) was made by separate letter. The Frogram submittal was necessary to support l

l the license condition, which would be based on a Safe Shutdown Program approved by the NRC.

During the course of the NRC's review, concerns were raised pertaining to fire watch requirements for rooms not protected by automatic-detection,anddocumentedinaSafetyEvaluation(SE)datedNovember3,1989.

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Ar, additional submittal addressing the concerns was made by the licensee on January 30, 1990, however, the changes did not resolve all of the NRC's Finally, a submittal of the revised version of the Program was made concerns.

by the licensee, which superseded the initial Program submittel. The NRC deternined that a renotice in the FEDERAL REGISTER would be needed. However, the No Significant Hazards Consideration Determination is not changed from the finding published previously on July 12,1989'(54FR29413)asrepeatedbelow.

(1) The proposed amendment does not involve a significant increase in the probability or consequences of an accident previously evaluated.

Implementationofthesetechnicalspecifications(TS) provide ccnsistency between the operating license, the Appendix R Saft Shutdown Program, ard the BFN Apper. dix R Safe Shutdown Analysis.

These proposed changes are administrative in nature and do not alter the intended function or design basis of any safety-related equipment as addressed in the BFN Final Safety Analysis Report (FSAR).

Imple-mentation of these changes ensures that the Appendix R Safe Shutdtwn Frogram is maintained in a manner consistent with NRC guidance.

By maintaining this Program in accordance with the proposed TS, BFN will ensure the equipment needed to perform safe shutdown in accordance l

with the BFN Appendix R Safe Shutdown Analysis is properly maintained and is functional to ntet the requirements of 10 CFR 50 Appendix R.

(2) The proposed amendment does not create the possibility of a new or different kind of accident from an accident previously evaluated.

This is an administrative change which places controls on an approved NRC program.

These changes will not climinate or modify any protective functions or equipment that are required for BFN to achieve and maintain reacter shutdown capabilities as required by 10 CFit 50 Appendix R.

Implementation of these proposed changes will not result in an additicnal release pathway to the environment.

In developing the BFN Appendix R Safe Shutdown Progran an analysis was performed in order to identify that equipmert needed to comply with 10 CFR 50 Appendix R.

Implementing this Program and the proposed TS l

dces not negate the other safety analyses or accident scenarios in which BFN was licensed for.

l (3) The proposed change does not involve a significant reduction in the margin of safety, This proposed amendment is administrative and places various administrative controls on an NRC approved BFN Appendix R Safe Shutdown Program.

Implementing these changes l

I enhances the overall safety of BFN. The program identifies that l

equipment required by the Appendix R Safe Shutdown Analysis to shutdown the reactor in accordance with 10 CFR 50 Appendix R.

In addition, it a.lso provides testing and monitoring requirements along with compensetory treasures if the subject equipment cannot fulfill its function.

The proposed TS allows BFN to change the Program under

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the guidelines of 10 CFR 50.59 which is an approved industry practice and consistent with NRC Generic Letter 8610. Any changes made under 10 CFR 50.59 are required to be submitted to NRC in an annual report.

This process will enable NRC to indept.ncently keep abreast with any changes that r.ay be made.

Before issuance of the proposed license amendment, the Comission will j

have made findings required by the Atomic Energy Act of 1954, as amended (the l

Act) and the Comission's regulations.

The Comission has made a proposed determination that the request for-amendment involves no significant hazards consideration.- Under the l

Comission'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 1

of accident from any accident previously evaluated; or (3) involve a significant reduction in a margin of safety. The proposed determination was published on July 12,1989(54FR29413)

Therefore, based on the considerations as published, the Comission has nade a prepcsed deterrin6 tion that the en<endment request involves no significant hazards consideration.

The Comission is-seeking public consnents on this proposed determination, 2

j Any coments received within 30 days after the date of publication of this notice will be considered in making any final determination. The Comission will not normally make a final determination unless it receives a request for a hearing.

Written coments may be cubmitted by mail to the Regulatory Publications Branch, Division of Freedom of Information and Publications Services, Office of j

Adninistration, U.S. Nuclear Regulatory Comission, Washington, D.C.

20555, j

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and should cite the publication date and page nunber 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.

Copies of written comments received may be exauined at the NRC Public Document Room, the Gelman Building, 2120 Street, N.W., Washington, D.C.

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

By February 13, 1991, 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 petition for leave to intervene.

Request for a hearing and petitions 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 Connission's Public Document Room, the Gelman Building, 2120 L Street, N.W.,

Washington, D.C. 20555 and at the local Public Document Room located at the Athens Public Library, South Street, Athens, Alabama.

If a request for a hearing cr petition for leave to intervene is filed by the above date, the Cunmission or an Atomic Safety and Licensing Board, designated by the Cornis-sion 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 Section 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 i

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proceeding. The petition should specifically explain the reasons why intervention should be perriitted with particular reference to the following (1) th' nature of the petitioner's right under the Act to be made factors:

e party to the proceedingt (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.

Ary 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 Peare up to fif teen (15) days prior to the first prehearing conference scheduled in the proceeding, but such an amended petition must satisfy the specificity requirements des <:ribed above.

Not later than fiftcen (15) days prior to the first prehtaring 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 sittement of the issue of law or fact to te raised or controverted.

In addition, the petitioner shell provide a brief explanation of the b6ses of

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l the contention and a concise statemtnt 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 aisc provide references to those specific sources and documents of which the petitioner is aware and on which the petitioner intends to rely to estabitsh those facts or expert opinion.

Petitioner must provide sufficient information to show that a genuir.e dispute exists with the applicant on a material issue of law or f act.

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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 pet'itioner to relief. A petitioner who faila to file such a supplement which satisfies these require:nents 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 h4ve 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 Comission 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 request for amendment involves no significant hazards consideration, the Comission may issue the amendmeat and make it effective notwithstanding the request for a hearing. Any hearing held would take place af ter issuance of the amendment.

If a final detennination is that the amendment involves a significant hazards consideration, any hearing held would take place before the issuance of any amendment, Normally, the Comission will not issue the amendment until the expiration l

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 Comission may issue the l

license amendment before the expiration of the 30-day notice period, provided that its final determination is that the hmendment involves no significant hazards consideration. The final determination will consider all public and

.i State coments received.

Should the Comission take this action, it will publish a notice of issuance and provide for opportunity for a hearing after issuance. The Comission 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 Comission, U.S. Nuclear Regulatory Comission, Washington, D.C. 20555, Attention: Docketing and Services Branch, or may be delivered to the Comission's Public Document Room, the Gelman Building, 2120 L 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 Comission by a toll-free telephone call to Western Union at 1-(800) 325-6000 (in Missouri 1-(800)342-6700). The Western Union operator should be given Datagram identification Number 3737 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 thi. FEDERAL REGISTER notice). A copy of the petition should also be sent to the Office of the General Counsel, U.S. Nuclear Regula-tory Comission, Washington, D.C. 20555, and to General Counsel, Tennessee Valley Authority, 400 West Sumit Hall Drive, E11B33 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 Atomic l

Safety and Licensing Board that the petition and/or request should be granted baseduponabalancingofthefactorsspecifiedin10CFR2.714(a)(1)(1)-(v) and2.714(d,*.

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,i For further details with respect to this action, see the application for amendment dated April 14, 1989 as supplemented by letters April 14, 1989, January 30,199d, and December 11,1990, which is available for public inspection at the Comission's Public Document Room, the Gelman Building, 2120 L Street, N.W., Washington, D.C. 20555 and at the Local Public Document Room located at the Athent, Public Library, South Street, Athens, Alabama j

35611.

Dated at Rockville, Maryland, this 3rd day of January 1991.

FOR THE NUCLEAR REGULATORY COMMISSION LAdg.lddL F0%ierry Ross, Pr ject Manager Project Directorate !!-4 Division of Reactor Projects - I/II Office of Nuclear Reactor Regulation i

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