ML20154R886

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Notice of Consideration of Issuance of Amends to Licenses NFP-2 & NFP-8 & Proposed NSHC Determination & Opportunity for Hearing Re 880428 Request to Change Tech Specs,Per Generic Ltr 88-06
ML20154R886
Person / Time
Site: Farley  Southern Nuclear icon.png
Issue date: 05/31/1988
From: Reeves E
Office of Nuclear Reactor Regulation
To:
Shared Package
ML20154R889 List:
References
GL-88-06, GL-88-6, NUDOCS 8806080231
Download: ML20154R886 (7)


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7590-01 UNITED STATES NUCLEAR REGULATORY C0hMISS10N ALABAMA POWER COMPANY i

JOSEPH M. FARLEY NUCLEAR PLANT, UNITS 1 AND 2 DOCKET hCS. 50-348 and 50-364 NOTICE OF CONSIDERATION OF ISSUANCE OF AHENDMENT TO FACILITYOPERATINGLICENSEANDPff90SEDNOSIGNIFICANTHAZARDS

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CONSIDERATION DETERMINATION AND OPPORTUNITY FOR HEARING The United States Nuclear Regulatory Commission (the Commission) is considering issuance of amendments to Facility Operating License Nos NFP-2 and hPF-8, issued to Alabama Power Company, (the licensee), for operation of the Joseph M. Farley Nuclear Plant, Units 1 and 2, located ir Houston County,

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Alabama.

The licensee proposes to amend the Tu hnical Spccifications (TS) in l

response to Generic Letter 88-06, "Removal of Organizational Charts from Technical Specification Administrative Control Requirements." The propostu I

amendment deletes Figure 6.2.1, "Offsite Organization for Facility Management and Technical Support," and rigure 6.2.2, "Facility Organization." Tb 6.2.1 I

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and 6.2.2 will be revised to have more general organizational requirements.

These general requirements capture the essential organizational aspects that are defined by the organization charts to be relocated to the Final Safety Analysis Report. This action is in response to licensee's letter dated April 28, 1988.

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) anc, the Commission's regulations.

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_2 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 significar.t 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.

In regard to the proposed amendment, the licensee has determined the following:

1.

The proposed change will not increase the probability or consequences of an accident previously evaluated.

The Code of Federal Regulations, Title 10, Part 50.34(b)(6)(i) requires that the organizational structure be included in the Final Safety Analysis Report (FSAR).

Chapter 13 of the FSAR provides a description of the organization and detailed organization charts. As required by 10 CFR 50.71(e), Alabama Power Company will maintain the organization description in the FSAR current.

Therefore, the NRC will continue to be informed of organizational changes. With the existing technical specification requirements and the proposed additional requirements, the deletion of the organization charts will not result in a decrease in safety requirements. Therefore, the probability or consequences of an accident previously evaluated will not change.

2.

The proposed change will not create the possibility of a new or different kind of accident previously evaluated.

The proposed change is administrative in nature and no physical alterations of plant

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, configuration or changes to setpoints or operating parameters are proposed.

Therefore, the proposed change will not create the possibility of a new or different kind of accident previously i

evaluated.

3.

The proposed change will not involve a reduction in a margin of saf e ty.

The existing organizational requirements in the Technical Specifications combined with the proposed additional requirements will ensure that there is no reduction in current safety requirements.

Therefore, the proposed change will not involve a reduction in a margin of safety.

The NRC staff has reviewed the licensee's determination and concurs with the licensee's findings.

In addition, the proposed changes are in conformance with Comission guidance of Generic Letter 88-06.

Accordingly, the Consnission proposes to determine that the proposed change involves no significant hazards consideration.

The Comission is seeking public coments on this proposed determination.

Any coments received within 30 days af ter 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 submitted by mail to the Rules and Procedures i

Branch, Division of Rules and Records, Office of Administration, U.S. Nuclear Regulatory Comission, Washington, D,C, 20555, and should cite the publication date and page number of the FEDERAL REGISTER notice. Written core ts may also be delivered to Room 4000, Maryland National Bank Building, 7735 Old Georgetown Road, Bethesda, Maryland from 7:30 a.m. to 4:15 p.m.

Copies of written coments received may be examined at the NRC Public Document Room,1717 H Street, NW, Washington, D.C.

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

. By July 6,1988, the licensee may file a request for a hearing with respect to issuance of the amendments to the subject facility operating licenses 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.

If a request for a hearing or petition for leave to intervene is filed by the above date, the Conmission 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 mcde a party to the proceeding; (2) the nature and extent of the petitioner's property, financial, or other i

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 fifteen (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 fifteen (15) days prior to the first preht fing 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, and the bases for each contention set forth with reasonable specificity.

Contentions shall be limited to matters within the scope of the amendment under consideration. A petitioner who fails to file such a supplement which satisfies these requirements with respect t_o 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 conauct 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 j

i 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 udke it effective, notwithstanding the request for a hearing. Any hearing held would take place af ter issuance of the amendment.

Normally, the Comission 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 cerating 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 significant hazards consideration.

The final determination will consider all public and State coments received.

Should the Commission take this action, it will publish a notice of issuance and provide for upportunity for a hearing af ter 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 Commission, U.S. Nuclear Regulatory Comission, Washington, D.C.

20555, Attention:

Docketing ano Service Branch, or may be delivered to the Comission's Public Document Room,1717 H 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 Elinor G. Adensam:

petitioner's name and telephone number; date petition was mailed; plant name; ano publication date and page number of this FEDERAL REGISTER notice. A copy of the petition should also be sent to be Office of General Counsel, U.S. Nuclear Regulatory Comission, Washington, D.C.

20555, and to Mr. Ernest L. Blake, Esquire, 2300 N Street, N.W.,

Wasnington, D.C. 20037, 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 Comission, 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)(i)-(v) and2.714(d).

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. For further details with respect to this action, see the application for amendments which is available for public inspection'at the Commission's Public Document Room 1717 H Street, N.W., Washington, D.C., and at the George S_.-

Houston Memorial Library, 212 W. Burdeshaw Street, Dothan, Alabama 36303.

Dated at Rockville, Maryland, this 31st day of May, 1988.

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FOR THE NUCLEAR REGULATORY COMMISSION Edward A. Reeves, Senior Project Manager Project Directorate II-3 Division of Reactor Projects - 1/11 1

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