ML20147H499

Notice of Consideration of Issuance of Amend to License NPF-2 & Proposed NSHC Determination & Opportunity for Hearing.Amend Would Modify TS 3/4.4.9, Specific Activity

ML20147H499
Person / Time
Site:	Farley
Issue date:	03/31/1997
From:	Jacob Zimmerman NRC (Affiliation Not Assigned)
To:
Shared Package
ML20147H506	List: ML20147H499
References
NUDOCS 9704030197
Download: ML20147H499 (7)

Text

i 7590-01-P

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UNITED STATES NUCLEAR REGULATORY COMISSION

-SOUTHERN NUCLEAR OPERATING COMPANY. INC.

DOCKET N0. 5D-348 i

NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE. PROPOSED N0 SIGNIFICANT HAZARDS 1

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CONSIDERATION DETERMINATION. AND OPPORTUNITY FOR A HEARING l

The U.S. Nuclear Regulatory Commission (the Commission) is considering l

issuance of an amendment to Facility Operating License No. NPF-2 issued to the j

Southern Nuclear Operating Company, Inc. (the licensee), for operation of the j

Joseph M. Farley Nuclear Plant, Unit No.1, located in Houston County, Alabama.

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The proposed amendment would. modify Technical Specification 3/4.4.9,

" Specific Ictivity," and the. associated Bases to reduce the limit associated

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3 with dose equivalent iodine-131. The steady-state dose equivalent iodine-131 4

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limit would be reduced by 40 percent from.5 (micro] Curie / gram to I

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.3[ micro] Curie / gram.

Before issuance of the proposed license amendment, the Commission e'.li 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 n:. 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 9704030197 970331 PDR ADOCK 05000348 PDR

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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.

Operation of Farley Unit 1 in accordance with the proposed license amendment does not involve a significant increase in the

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probability or consequences of an accident previously evaluated.

r The reduction in the dose equivalent iodine limits, both steady-state and transient, will not increase the probability of any accident j

evaluated since no physical changes to the plant are being made.

The consequences of any accident previously evaluated will not be increased since the activity of the primary coolant is being decreased.

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The proposed license amendment (does) not create the possibility of a new or different kind of accident from any accident i

previously evalua % d.

i The reduction in the dose equivalent iodine limits, both steady-state and transient, will not create the possibility of a new or different t

kind of accident from any accident previously evaluated since no physical changes to the plant are being made. The accidents of concern continue to be those that have previously been analyzed.

3.

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

The calculated potential radiological consequences from the main steam line break accident remain within the regulatory exposure guidelines.

Consequently, there is no reduction in any margin of safety.

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 will 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 l

during the notice period such that failure to act in a timely way would l

result, for example, in derating or shutdown of the facility, the Comission i

j may issue the license amendment before the expiration of the 30-day notice period, p'rovided that its final determination is that the amendmen't involvec j

no significant hazards consideratian. The final determination will consider l

all public and State comments received. Should the Comission take this action, it will publish in the FEDERAL REGISTER 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.

Written coments may be submitted by mail to the Chief, Rules Review and Directives Branch, Division of Freedom of Information and Publications Services, Office of Administration, U.S. Nuclear Regulatory Comission, Washington, DC 20555-0001, and should cite the publication date and page number of this FEDERAL REGISTER notice. Written comments may also be delivered to Room 6022, Two White Flint North, 11545 Rockville Pike, Rockville, Maryland, from 7:30 a.m. to 4:15 p.m. Federal workdays. Copies of written coments 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 intervene is discussed below.

By May 5, 1997

, 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 he affected by this proceeding and who wishes to participate as a party in the proceeding must file a written

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request for a hearing and a petition for leave to intervene.

Requests for a i

l hearing and a petition for leave to intervene shall be flied 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 1

l Building, 2120 L Street, NW., Washington, DC, and at the local public j

document room located at the Houston-Love Memorial Library, 212 W. Burdeshaw a

Street, Post Office Box 1369, Dothan, Alabama.

If a request for a hearing or

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petition for leave to intervene is filed by the above date, the Commission or i

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

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request and/or petition; and the Secretary or the designated Atomic Safety and i

l Licensing Board will issue a notice of hearing or an appropriate order.

}i As required by 10 CFR 2.714, a petition for leave to intervene shall set l'

forth with particularity the interest of the petitioner in the proceeding, and f-how that interest may be affected by the results of the proceeding. The 4

petition should specifically explain the reasons why intervention should be permitted with particular reference to the following factors:

(1) the nature j

of the petitioner's right under the Act to be made party to the proceeding; j

(2) the nature and extent of the petitioner's property, financial, or other l

interest in the proceeding; and (3) the possible effect of any order which may j

be entered in the proceeding on the petitioner's interest. The petition should also identify the specific aspect (s) of the subject ma'tter 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

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, 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 i

petition to btervene which must include a list of the contentions which are j

sought to be litigated in the matter'. Each contention must consis't of a i

specific statement of the issue of law or fact to be raised or controverted.

f In addition, the petitioner shall provide a brief explanation of the bases of i

the contention and a concise statement of the alleged facts or expert opinion i

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 j

expert opinion.

Petitioner must provide sufficient information to show that a

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genuine dispute exists with the applicant on a material issue of law or fact.

I 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 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 hear.ing, including the opportunity to present evidence and cross-examine witnesses.

. If a hearing is requested, the Commission will make a final l

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 20555-0001, Attention: Docketing and Services Branch, or may be delivered to the Commission's Public Docdment 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 copy 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.

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)(1)(1)-(v) and 2.714(d).

For further details with respect to this action, see the application for amendment dated March 23, 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 31st day of March 1997.

FOR THE NUCLEAR REGULATORY COMMISSION

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ob I. Z erman, Project Manager Project Directorate 11-2 Division of Reactor Projects - I/II Office of Nuclear Reactor Regulation e

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