ML20135D973
| ML20135D973 | |
| Person / Time | |
|---|---|
| Site: | Farley  |
| Issue date: | 02/28/1997 |
| From: | Jacob Zimmerman NRC (Affiliation Not Assigned) |
| To: | |
| Shared Package | |
| ML20135D977 | List: |
| References | |
| NUDOCS 9703060165 | |
| Download: ML20135D973 (8) | |
Text
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7590-01-P l
UNITED STATES NUCLEAR REGULATORY CofMISSION SOUTHERN NUCLEAR OPERATING COMPANY. INC.
DOCKET NOS. 50-348 AND 50-364 i
NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENTS TO FACILITY OPERATING LICENSES. PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION. AND OPPORTUNITY FOR A HEARING The U.S. Nuclear Regulatory Commission (the Commission) is considering issuance of amendments to heility Operating License Nos. NPF-2 and NPF-8, issued to Southern Nuclear Operating Company, Inc. (the licensee), for operation of the Joseph N. Farley Nuclear Plant, Units 1 and 2, located in Houston County, Alabama.
The proposed amendments would revise and clarify surveillance requirements for the Control Room Emergency Filtration System, the Penetration Room Filtration System, and the Containment Purge Exhaust Filter System.
This requested Technical Specification (TS) change is a followup to a Notice of Enforcement Discretion (N0ED) granted to the licensee that is in effect for the period from 1:27 p.m. Eastern Standard Time on February 26, 1997, until approval of this exigent TS request and full implementation of the amendments within 30 days of its issuance. NRC Inspection Nanual, Part 9900,
" Operations - Notices of Enforcement Discretion," requires that a followup TS amendment be issued H Mn 4 weeks from the issuance of the NOED.
Before issuac
- f the proposed license amendments, the Commission will l
have made findings recared by the Atomic Energy Act of 1954, as amended (the 1
Act) and the Commission's regulations.
I 9703060165 970228 1
DR ADOCK 05000348 PDR
- Pursuant to 10 CFR 50.91(a)(6) for amendments to be granted under exigent circumstances, the NRC staff must determine that the requested amendments involve 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.
The proposed changes do not involve a significant increase in the 1
probability or consequences of an accident previously evaluated.
The proposed changes to convert from ANSI N510-1980 to ASME H510-1989 for specific FNP [Farley Nuclear Plant] filtration surveillance testing requirements do not affect the probability of any accident occurring. The consequences of any accident will not i
be affected since the proposed change will continue to ensure that appropriate and required surveillance testing for FNP filtration systems will be performed. Relocating specific testing requirements to the FNP FSAR [ Final Safety Analysis Report] has no effect on the probability or consequences of any accident previously evaluated since required testing will continue to be performed.
Therefore, the proposed TS changes do not involve a significant increase in the probability or consequences of an accident previously evaluated.
2.
The proposed changes do not create the possibility of a new or diffe ant kind of accident from any accident previously evaluated.
Testig differences between ANSI N510-1980 and ASME N510-1989 nave been evaluated by SNC [ Southern Nuclear Operating Company, Inc.]
and none of the proposed changes have the potential to create an accident at FNP. ANSI N510-1989 has been endorsed and approved by the NRC for licensee use in NUREG 1431. No new system design or testing configuration is being proposed that could create the possibility of any new or different kind of accident from any
l accident previously evaluated. Relocating specific testing requirements to the FSAR has no effect on the possibility of i
creating a new or different kind of accident from any accident previously evaluated since it is an administrative change in nature.
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i Therefore, the proposed changes do not create the possibility of a new or different kind of acc' dent from any accident previously
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evaluated.
i 3.
The proposed changes do not involve a significant reduction in a l
margin of safety.
l Conversion from the testing requirements of ANSI N510-1980 4
i sections 5, 8, and 14 to ASME N510-1989 sections 5, 8 and 14 has been previously approved by the NRC at other nuclear facilities.
l ASME N510-1989 has been approved and endorsed by the NRC in NUREG j
1431. Relocating specific testing requirements to the FSAR has no j
i effect on the margin of plant safety since required testing will i
continue to be perfomed. Therefore, SNC concludes based on the j
above, that the proposed changes do not result in a significant reduction of margin with respect to plant safety as defined in the a
Final Safety Analysis Report or the bases of the FNP technical l
specifications.
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i Therefore, the proposed changes do not involve a significant 2
reduction in a margin of safety.
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The NRC staff has reviewed the licensee's analysis and, based on this f
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 i
i involves no significant hazards consideration.
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l The Commission is seeking public comments on this proposed j
determination. Any comments received within 14 days after the date of i
j publication of this notice will be considered in making any final determination.
l Normally, the Commission will not issue the amendment until the f
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expiration of the 14-day notice period. Howev6r, should circumstances change during the notice period, such that failure to act in a timely way would
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result, for example, in derating or shutdown of the facility, the Commission 1
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. 4 may issue the license amendment before the expiration of the 14-day notice period, provided that its final determination is that the amendment involves no significant hazards consideration. The final determination will consider i
all public and State comments received. Should the Commission take thu action, it will publish in the FEDERAL REGISTER a notice of issuance. The Commission expects that the need to take this action will occur very infrequently.
Written comunents may be submitted by mail to the Chief, Rules Review i
and Directives Branch, Division of Freedom of Information and Publications 1
l Services, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and should cite the publication date and page j
number of this FEDERAL REGISTER r.otice. Written comments may also be j
delivered to Room 6D22, Two White Flint North, 11545 Rockville Pike, Rockville, Maryland, from 7:30 a.m. to 4:15 p.m. Federal workdays. Copies of written comunents received may be examined at the NRC Public Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC.
The filing of requests for hearing and petitions for leave to L
intervene is discussed below.
By April 7, 1997
, the licensee may file a request for a hearing l
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 4
request for a hearing and a petition for leave to intervene.' Requests for a j
hearing and a petition for leave to intervene shall be filed in accordance with the Commission's ' Rules of Practice for Domestic Licensing Proceedings" t
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i
. 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, W., Washington, DC, and at the local public document i
room located at the Houston-Love Memorial Library, 212 W. Burdeshaw Street, j
7 Post Office Box 1369, Dothan, Alabama.
If a request for a hearing or petition for leave to intervene is flied by the above date, the Commission or an Atomic Safety and Licensing Boara, designated by the Commission or by the Chairman of i
i 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 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 i
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.
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Not later than 15 days prior to the first prehearing conference scheduled in the proceeding, a petitioner shall file a supplement to the l
petition to intervene which must include a list of the contentions which are l
sought to be litigated in the matter.
Each contention must consist of a e
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 i
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 supplement which satisfies these requirements with respect to at least one contention will not be permitted to i
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 the amendment is issued before the expiration of the 30-day hearing period, the Commission will make a final determination on the issue of no
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significant hazards considerction.
If a hearing is requested, 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 l
and make it insiediately effective, notwithstanding the request for a hearing.
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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 Comission, Washington, DC 20555-0001, 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, 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 1-(800) 248-5100 (in Missouri 1-(800) 342-6700). The Western Union operator should be given Datagram Identification Number N1023 and the following message addressed to Herbert N. Berkow:
petitioner's name and telephone number, date petition was mailed, plant name, and publication date and page number of this FEDERAL REGISTER notice. A cop.w of the petition should also be sent to the Office of the General Counsel, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001, and to M.. Stanford Blanton, Esq., Balch and Bingham, Post Office Box 306, 1710 Sixth Avenue North, Birmingham, Alabama, 35201, attorney for the licensee.
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l 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 i
request should be granted based upon a balancing of the factors specified in 10 CFR 2.714(a)(1)(1)-(v) and 2.714(d).
i For further details with respect to this action, see the application for amendments dated February 24, 1997, which is available for public inspection at the Commission's Public Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC, and at the local public document room, located at the Houston-Love Memorial Library, 212 W. Burdeshaw Street, Post Office Box 1369, Dothan, Alabama.
Dated at Rockville, Maryland, this 28th day of February 1997.
FOR THE NUCLEAR REGULATORY COMMISSION cob I. Z an, Project Manager l
Project Directorate 11-2 l
Division of Reactor Projects - I/II Office of Nuclear Reactor Regulation i
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