ML071870515

Browns Ferry, Unit 1 - Individual Notice of Consideration of Issuance of Amendments Concerning Deletion of License Condition 2 (G)2 (TAC No. MD5871) (TS-461)

ML071870515
Person / Time
Site:	Browns Ferry
Issue date:	07/09/2007
From:	Brown E A NRC/NRR/ADRO/DORL/LPLII-2
To:	Campbell W R Tennessee Valley Authority
Brown Eva, NRR/DORL, 415-2315
References
TAC MD5871, TS-461
Download: ML071870515 (10)

Text

July 9, 2007Mr. William R. CampbellChief Nuclear Officer and Executive Vice President Tennessee Valley Authority 6A Lookout Place 1101 Market Street Chattanooga, TN 37402-2801

SUBJECT:

BROWNS FERRY, UNIT 1 - INDIVIDUAL NOTICE OF CONSIDERATION OFISSUANCE OF AMENDMENT CONCERNING DELETION OF LICENSE CONDITION 2.G.(2) (TAC NO. MD5871)(TS-461)

Dear Mr. Campbell:

The Nuclear Regulatory Commission (NRC) has forwarded the enclosed "Notice ofConsideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing," to the Office of the Federal Register for publication.The proposed amendment would allow deletion of License Condition 2.G.(2) regarding theperformance of power uprate large transient testing. In addition, it was requested that this proposed amendment be handled as an exigent request consistent with Title 10 to the Code ofFederal Regulations Section 50.91(a)(6). The NRC has reviewed this request and determinedthat the circumstances presented by the licensee do not support an exigent review and abbreviated public comment period. If you have any questions, please contact me at 301-415-2315.Sincerely,/RA/Eva A. Brown, Project ManagerPlant Licensing Branch II-2 Division of Operating Reactor Licensing Office of Nuclear Reactor RegulationDocket No. 50-259

Enclosure:

Notice of Consideration cc w/encl: See next page July 9, 2007Mr. William R. Campbell Chief Nuclear Officer and Executive Vice President Tennessee Valley Authority 6A Lookout Place 1101 Market Street Chattanooga, TN 37402-2801

SUBJECT:

BROWNS FERRY, UNIT 1 - INDIVIDUAL NOTICE OF CONSIDERATION OFISSUANCE OF AMENDMENT CONCERNING DELETION OF LICENSE CONDITION 2.G.(2) (TAC NO. MD5871)(TS-461)

Dear Mr. Campbell:

The Nuclear Regulatory Commission (NRC) has forwarded the enclosed "Notice ofConsideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing," to the Office of the Federal Register for publication.The proposed amendment would allow deletion of License Condition 2.G.(2) regarding theperformance of power uprate large transient testing. In addition, it was requested that this proposed amendment be handled as an exigent request consistent with Title 10 to the Code ofFederal Regulations Section 50.91(a)(6). The NRC has reviewed this request and determinedthat the circumstances presented by the licensee do not support an exigent review and abbreviated public comment period. If you have any questions, please contact me at 301-415-2315.Sincerely,/RA/Eva A. Brown, Project ManagerPlant Licensing Branch II-2 Division of Operating Reactor Licensing Office of Nuclear Reactor RegulationDocket No. 50-259

Enclosure:

Notice of Cnsideration cc w/encl: See next page DISTRIBUTION:PUBLICLPL2-2 R/F RidsNrrPMEBrownRidsOgcRpRidsNrrLABClayton (Hard Copy)RidsNrrDorlLpl2-2 RidsAcrsAcnwMailCenterRidsRgn2MailCenterRidsNrrDorlDprADAMS ACCESSION NO:

ML071870515NRR-106OFFICELPL2-2/PMLPL2-2/LA LPL2-2/BCNAMEEBrownBClayton TBoyceDATE 7/9/07 7/9/07 7/9/07 OFFICIAL RECORD COPY 7590-01-PUNITED STATES NUCLEAR REGULATORY COMMISSIONTENNESSEE VALLEY AUTHORITYBROWNS FERRY NUCLEAR PLANT, UNIT 1DOCKET NO. 50-259NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TORENEWED FACILITY OPERATING LICENSE, PROPOSED NO SIGNIFICANT HAZARDSCONSIDERATION DETERMINATION, AND OPPORTUNITY FOR A HEARINGThe U.S. Nuclear Regulatory Commission (the Commission or NRC) is consideringissuance of an amendment to Renewed Facility Operating License No. DPR-33 issued to the Tennessee Valley Authority (the licensee) for operation of the Browns Ferry Nuclear Plant, Unit 1, located in Limestone County, Alabama.The proposed amendment would allow deletion of License Condition 2.G.(2) regardingthe performance of power uprate large transient testing. In addition, it was requested that this proposed amendment be handled as an exigent request consistent with Title 10 to the Code ofFederal Regulations (10 CFR), Section 50.91(a)(6). The Commission has reviewed thisrequest and determined that the circumstances presented by the licensee do not support an exigent review and abbreviated public comment period. Before issuance of the proposed license amendment, the Commission will have madefindings 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 requestinvolves 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

- 2 -accident previously evaluated; or (2) create the possibility of a new or different kind of accidentfrom 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.Does the proposed change involve a significant increase in the probabilityor consequences of an accident previously evaluated?Response:No The requested licensing action would eliminate the current license conditionschedule requirement to perform a full power turbine generator load reject transient test. No other changes are proposed. This proposed licensing action will not affect any system, structure, or component designed for the mitigation of previously analyzed events. Therefore, the proposed change does not involve an increase in the probability or consequences of an accident previously evaluated.2.Does the proposed change create the possibility of a new or differentkind of accident from any accident previously evaluated?Response:No The requested licensing action would eliminate the current schedule requirementto perform a full power turbine generator load reject transient test. No other changes are proposed. Therefore, the proposed TS change does not create the possibility of a new or different kind of accident from any accident previously evaluated.3. Does the proposed change involve a significant reduction in a margin ofsafety?Response:No Performance of the full power load reject transient test is not necessary toensure acceptable plant operation at the high thermal power level. Simple, integrated system tests have been performed, and a turbine trip from a high power and a main steam isolation valve transient test from full power have been experienced. In addition, other testing has been performed which demonstrated the satisfactory performance of individual components and subsytems. Thus, the proposed elimination of the load reject transient test will not significantly reduce any margin of safety.

- 3 -The NRC staff has reviewed the licensee's analysis and, based on this review, itappears 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. Anycomments 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 60 daysafter the date of publication of this notice. The Commission may issue the license amendment before expiration of the 60-day period provided that its final determination is that the amendment involves no significant hazards consideration. In addition, the Commission may issue the amendment prior to the expiration of the 30-day comment period should circumstances change during the 30-day comment period such that failure to act in a timely way would result, for example, in derating or shutdown of the facility. Should the Commission take action prior to the expiration of either the comment period or the notice period, it will publish in the Federal Register a notice of issuance. Should the Commission make a final No SignificantHazards Consideration Determination, any hearing will take place after issuance. The Commission expects that the need to take this action will occur very infrequently.Written comments may be submitted by mail to the Chief, Rulemaking, Directives andEditing Branch, Division of Administrative Services, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and should cite the publication date and page number of this Federal Register notice. Written comments may also be delivered toRoom 6D59, Two White Flint North, 11545 Rockville Pike, Rockville, Maryland, from 7:30 a.m.

- 4 -to 4:15 p.m. Federal workdays. Documents may be examined, and/or copied for a fee, at theNRC's Public Document Room (PDR), located at One White Flint North, Public File Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. The filing of requests for hearing and petitions for leave to intervene is discussed below.

Within 60 days after the date of publication of this notice, the licensee may file arequest 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 request for a hearing and a petition for leave to intervene. Requests for a hearing and a petition 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 2.309, which is available at the Commission's PDR, located at One White Flint North, Public File Area O1F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible from the Agencywide Documents Access and Management System's (ADAMS)

Public Electronic Reading Room on the Internet at the NRC Web site, http://www.nrc.gov/reading-rm/doc-collections/cfr/. If a request for a hearing or petition forleave to intervene is filed by the above date, the Commission or a presiding officer designated by the Commission or by the Chief Administrative Judge of the Atomic Safety and Licensing Board Panel, will rule on the request and/or petition; and the Secretary or the Chief Administrative Judge of the Atomic Safety and Licensing Board will issue a notice of a hearing or an appropriate order.As required by 10 CFR 2.309, a petition for leave to intervene shall set forth withparticularity 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 general

- 5 -requirements: 1) the name, address and telephone number of the requestor or petitioner; 2) thenature of the requestor's/petitioner's right under the Act to be made a party to the proceeding;

3) the nature and extent of the requestor's/petitioner's property, financial, or other interest in the proceeding; and 4) the possible effect of any decision or order which may be entered in the proceeding on the requestors/petitioner's interest. The petition must also identify the specific contentions which the petitioner/requestor seeks to have litigated at the proceeding.Each contention must consist of a specific statement of the issue of law or fact to beraised or controverted. In addition, the petitioner/requestor shall provide a brief explanation of the bases for 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/requestor 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. The petition must include sufficient information to show that a genuine dispute exists with the 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/requestor who fails to satisfy 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 anylimitations in the order granting leave to intervene, and have the opportunity to participate fully in the conduct of the hearing.If a hearing is requested, the Commission will make a final determination on the issue ofno 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

- 6 -effective, notwithstanding the request for a hearing. Any hearing held would take place afterissuance 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.Nontimely requests and/or petitions and contentions will not be entertained absent adetermination by the Commission or the presiding officer of the Atomic Safety and Licensing Board that the petition, request and/or the contentions should be granted based on a balancing of the factors specified in 10 CFR 2.309(c)(1)(i)-(viii).A request for a hearing or a petition for leave to intervene must be filed by: 1) first classmail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemaking and Adjudications Staff; 2) courier, express mail, and expedited delivery services: Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland, 20852, Attention: Rulemaking and Adjudications Staff; 3) E-mail addressed to the Office of the Secretary, U.S. Nuclear Regulatory Commission, HEARINGDOCKET@NRC.GOV; or 4) facsimile transmissionaddressed to the Office of the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC, Attention: Rulemakings and Adjudications Staff at (301) 415-1101, verification number is (301) 415-1966. A copy of the request for hearing and petition for leave to intervene should also be sent to the Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and it is requested that copies be transmitted either by means of facsimile transmission to 301-415-3725 or by email to OGCMailCenter@nrc.gov. A copy of therequest for hearing and petition for leave to intervene should also be sent to the General Counsel, Tennessee Valley Authority, 400 West Summit Hill Drive, ET 11A, Knoxville, Tennessee 37902.

- 7 -For further details with respect to this action, see the application for amendment datedJune 25, 2007, and supplemental letter dated July 3, 2007, which are available for public inspection at the Commission's PDR, located at One White Flint North, File Public Area O1-F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible from the Agencywide Documents Access and Management System's (ADAMS)

Public Electronic Reading Room on the Internet at the NRC Web site, http://www.nrc.gov/reading-rm/adams.html. Persons who do not have access to ADAMS orwho encounter problems in accessing the documents located in ADAMS, should contact the NRC PDR Reference staff by telephone at 1-800-397-4209, 301-415-4737, or by e-mail to pdr@nrc.gov.Dated at Rockville, Maryland, this 9th day of July 2007. FOR THE NUCLEAR REGULATORY COMMISSION/RA/Eva A. Brown, Project ManagerPlant Licensing Branch II-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation William R. Campbell, Jr.BROWNS FERRY NUCLEAR PLANTTennessee Valley Authority cc:Mr. Ashok S. Bhatnagar

Senior Vice President Nuclear Generation Development and Construction Tennessee Valley Authority

6A Lookout Place 1101 Market Street Chattanooga, TN 37402-2801 Mr. Preston D. Swafford Senior Vice President Nuclear Support Tennessee Valley Authority

6A Lookout Place 1101 Market Street Chattanooga, TN 37402-2801 Mr. Walter M. Justice II Interim Vice President Nuclear Engineering & Technical Services Tennessee Valley Authority

6A Lookout Place 1101 Market Street Chattanooga, TN 37402-2801Brian O'Grady, Site Vice PresidentBrowns Ferry Nuclear Plant Tennessee Valley Authority P.O. Box 2000 Decatur, AL 35609General CounselTennessee Valley Authority ET 11A 400 West Summit Hill Drive Knoxville, TN 37902Mr. John C. Fornicola, General ManagerNuclear Assurance Tennessee Valley Authority

6A Lookout Place 1101 Market Street Chattanooga, TN 37402-2801Mr. Bruce Aukland, Plant ManagerBrowns Ferry Nuclear Plant Tennessee Valley Authority P.O. Box 2000 Decatur, AL 35609Mr. Masoud Bajestani, Vice PresidentBrowns Ferry Unit 1 Restart Browns Ferry Nuclear Plant Tennessee Valley Authority P.O. Box 2000 Decatur, AL 35609Mr. Robert G. Jones, General ManagerBrowns Ferry Site Operations Browns Ferry Nuclear Plant Tennessee Valley Authority P.O. Box 2000 Decatur, AL 35609Mr. Larry S. MellenBrowns Ferry Unit 1 Project Engineer Division of Reactor Projects, Branch 6 U.S. Nuclear Regulatory Commission 61 Forsyth Street, SW.

Suite 23T85 Atlanta, GA 30303-8931 Ms. Beth A. Wetzel, ManagerCorporate Nuclear Licensing and Industry Affairs Tennessee Valley Authority 4X Blue Ridge 1101 Market Street Chattanooga, TN 37402-2801Mr. William D. Crouch, ManagerLicensing and Industry Affairs Browns Ferry Nuclear Plant Tennessee Valley Authority P.O. Box 2000 Decatur, AL 35609Senior Resident InspectorU.S. Nuclear Regulatory Commission Browns Ferry Nuclear Plant 10833 Shaw Road

Athens, AL 35611-6970State Health OfficerAlabama Dept. of Public Health RSA Tower - Administration

Suite 1552 P.O. Box 303017 Montgomery, AL 36130-3017ChairmanLimestone County Commission 310 West Washington Street

Athens, AL 35611Mr. Robert H. Bryan, Jr., General ManagerLicensing and Industry Affairs Tennessee Valley Authority 4X Blue Ridge 1101 Market Street Chattanooga, TN 37402-2801