ML20244D614

Notice of Consideration of Issuance of Amends to Licenses DPR-33,DPR-52 & DPR-68.Amends Temporarily Revise Limiting Conditions for Operation for Control Room Emergency Ventilation Sys

ML20244D614
Person / Time
Site:	Browns Ferry
Issue date:	04/12/1989
From:	Black S Office of Nuclear Reactor Regulation
To:
Shared Package
ML20244D616	List: ML20244D614
References
NUDOCS 8904240030
Download: ML20244D614 (5)

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7590-01 UNITED STATES NUCLEAR REGULATORY COMMISSION TENNESSEE VALLEY AUTHORITY DOCKET NOS. 50-259, 50-260 and 50-296 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE AND OPPORTUNITY FOR HEARING The U. S. Nuclear Regulatory Commission (the Commission) is considering-issuance of an amendment to Facility Operating License Nos. OPR-33, DPR-52 and DPR-68' issued to Tennessee Valley Authority (TVA or-the licensee), for the operation of the Browns Ferry Nuclear Plant located in Limestone County, Alabama.

In accordance with the licensee's application for amendment dated February 14, 1989, the amendment would temporarily revise the limiting conditions for operation (LCO) requirements 3.7.E.1 and 3.1.E.3.

The changes to these LCOs involve annotating these sections to note that the Control Room Emergency Ventilation System (CREVS) is considered to be inoperable because it does not meet its design basis for zero unfiltered inleakage of outside air.

The proposed temporary changes to the technical specifications would permit power operation and the subsequent defueling, refueling, and suberitical functional testing until the start-up of Unit 2 from its next refueling cycle 8904240030 89Cb412 PDR ADOCK 05000259

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2 The licensee will. provide a permanent resolution to this condition and 1

implement it during this interval.

Prior to issuance of the proposed license amendment, the Comission will have made findings required by the Atomic Energy Act of 1954, as amended (the Act) and the Commission's regulations.

By May 18, 1989, 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 intt. rest may be affected by the proceeding and 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 petitions for leave to intervene must be filed in accordance with the Comission'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 Comission or an 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

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

(1)thenature of the petitioner's right under the Act to be made a party to the proceeding; (2)thenatureandextentofthepetitioner'sproperty, financial,orother 1

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

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be entered in the proceeding on the petitioner's interest. The petition should

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3 also identify the specific aspect (s) of the subject matter of the proceeding as to which the 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 pcution 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 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, and the bases for each contention set forth with reasonable specificity. Contentions should 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 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 hearing, including the opportunity to present evidence and cross-examine witnesses.

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 Conrnission, Washington, D. C. 20555, Attention: Docketing and Service Branch, or may be delivered to the Commission's Public Document Room, 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 Commission by toll-free telephone call to Western Union at 1-800-325-6000 (in Missouri 1-800-342-6700). The Western

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I f-4 Union operator should be given Datagram Identification Number 3737 and the l

following message addressed to Suzanne C. Black: 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, D. C. 20555, and to General Counsel, Tennessee Valley Authority, 400 West Summit Hill Drive, Eli B33, Knoxville, Tennessee 37902.

Nontimely filings of the petition 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).

If a request for hearing is received, the Commission's staff may issue the amendment after it completes its technical review and prior to the completion of any required hearing if it publishes a further notice for public comment of its proposed finding of no significant hazards consideration in accordance with 10 CFR 50.91 and 50.92.

For further details with respect to this action, see the application for amendment dated February 14, 1989, which is available for public inspection at

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.se the Commission's Public Document Room, Gelma: Building, 2120 L Street, Washington, D.C., 20555, and at the Athens Public Library, South Street, Athens, Alabama 35611.

Dated at Rockville, Maryland, this 12th day of April 1989.

FOR THE NUCLEAR REGULATORY C0f9tISSION g

c. 34at Suzanne Assistant Director for Projects TVA Projects Division Office of Nuclear Reactor Regulation e