ML20129A094

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Notice of Consideration of Issuance of Amends to Licenses NPF-2 & NPF-8 & Proposed NSHC Determination & Opportunity for Hearing Re 830304 Request to Clarify Tech Spec Action Statement to Allow Operating Flexibility
ML20129A094
Person / Time
Site: 05000000, Farley
Issue date: 06/29/1983
From: Varga S
Office of Nuclear Reactor Regulation
To:
Shared Package
ML20127A737 List:
References
FOIA-84-794 NUDOCS 8506040467
Download: ML20129A094 (6)


Text

7590-01 UNITED STATES NUCLEAR REGULATORY COMMISSION

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ALABAMA POWER COMPANY DOCKET NOS. 50-348 AND 50-364 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENTS TO FACILITY OPERATING LICENSES AND PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION AND ORPORTUNITY FOR HEARING The U. S. Nuclear Regulatory Commisrion (the Comission) is considering issuance of amendments to Facility Operating License Nns. NPF-2 and NPF-8, issued to Alabama Power Company (the licensee), for operation of the Joseph M.

.Farley Nuclear Plant Unit Nos.1 and 2 (the facilities) located in Houston County, Alabama.

The amendments would clarify a Technical Specification action statement to allow operating flexibility and to define rod inoperability as being due to a rod control system problem.

These revisions to the Technical Specifications would be made in response to the licensee's application for amendments dated March 4,1983.

Before issuance of these proposed license amendments,.the Commission will 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 detennination that these amendments request involves no significant hazards consideration.

Under the Comission's regulations in 10 CFR 50.92, this means that operation of the facilities in accordance with the proposed amendments would not (1) involve a significant increase in the probability or consequences of an accident previously evaluated;

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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.

The Comission has provided guidance concerning the application of these standards by providing certain examples (48 FR 14870).

One of the examples considered not likely to involve a significant hazards consideration is example (i) which relates to a purely administrative change to Technical Specifications.

The change being proposed to the Technical Specifications is administrative in that it is a clarification to define " control rod inoperable" as due to a rod control system problem.

Without this clarification, the licensee has in several cases been near the point of unnecessarily s' hutting down the reactor.

The six hour shutdown requirement as well as the existing rod indication limits of the same Technical Specification would be unaffected by the proposed clarification.

Therefore, the previously reviewed actions to require reactor shutdown for an inoperable control rod are unchanged.

The Commission is seeking public coments on this proposed detennination.

Any coments received within 30 days after 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.

Comments should be addressed to the Secretary of the Comission, U.S.

Nuclear Regulatory Comiss' ion, Washington, D.C.

20555, Attn:

Docketing and Service Branch.

By August 5, 1983, the licensee may file a request for a hearing with respect to issuance of the amendments to the subject facilities 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

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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 L petition for leave to intervene is filed by the above date, the Comission or an Atomic Safety and Licensing Board, designated by the Comission 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 appro-priate order.

As required by 10 CFR 52.714, 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 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.

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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 shall be limited to matters within the scope of the amendments 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 limitaitons 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 a hearing is requested, the Comission will make a final 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 amendments request involve no signif-icant hazards consideration, the Commission may issue the amendments and make them effective, notwithstanding the request for a hearing.

Any hearing held would take place after issuance of the amendments.

If the final determination is that the amendments involve a significant hazards consideration, any hearing held would take place before the issuance of any amendments.

Normally, the Commission will not issue the amendments 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 derating or shutdown of the facilities; the Commission may issue the license amendments before the expiration of the 30-day notice period, provided that its

/Wu-Ut 5-final detemination is that the amendments involve no significant hazards consideration.

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

Should the Comission take this action, it will publish 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.

A request for a hearing or a petition for leave to intervene must be filed with the Secretary of the Comission, U.S. Nuclear Regulatory Comission, Washington, D.C.

20555, Attention:. Docketing and Service Branch, or may be delivered to the Comission's Public Documen,t 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 infom the Comission by a toll-free telephone call to Western Union at (800) 325-6000 (In Missouri (800) 342-6700).

The Western Union operator should be given Datagram Identification Number 3737 and the following message addressed to Steven A. Varga. Chief, Operating Reactors Branch No. 1, Division of Licensing:

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 Executive Legal Director, U.S. Nuclear Regulatory Comission, Washington, D.C.

20555, and to George F. Trowbridge, Esquire, 1800 M Street, N.W.

Washington, D.C.

20036, 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 Atomic

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s i Safety and Licensing Board designated to rule on the petition and/or request, that the petitioner has made a substantial showing of good cause for the granting of a late petition and/or request. That detennination will be 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 amendments which is available for public inspection at the Comission's Public Document Room, 1717 H Street, N.W., Washington, D.C., and at the George S. Houston Memorial Library, 212 W. Burdeshaw Street, Dotahn Alabama 36303.

Dated at Bethesda, Maryland, this 29th day of June 1983.

FOR THE NUCLEAR REGULATORY C0!111SSION 9/1 sinal signed by

' A A.Varsa Steven A. Varga Chief Operating Reactors Branch No. 1 Division of Licensing

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_ UNITED STATES NUCLEAR REGULATORY COMMISS_!E ALABAMA POWER COMPANY DOCKET NOS' 50-348 AND 50-364 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENTS TO FACILITY OPERATING LICENSES AND PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMIflATION The U..S. Nuclear Regulatory Commission (the Comission) is considering issuance of amendments to Facility Operating License Nos. NPF-2 and NPF-8 issued to Alabama Power Company (the licensee) for operation of the Joseph M. Farley Nuclear Plant, Units 1 and 2 located in Houston County,. Alabama.

The amendment would nodify surveillance requirements now included only in Unit 2 Technical Specification 4.3.4.1 to substitute the Farley Nuclear Plant " Turbine Overspeed Reliability Assurance Program".

The amendment would add a limiting condition for operation and the identical surveillance requirements as Technical Specification 3.3.4 and 4.3.4.1, respectively, on Unit 1.

These revisions to the technical specifications would be made in response to the licensee's application for amendment dated October 6, 1983.

Before 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 Comission's regulations.

The Comission has made a proposed determination that the amendment request involves no significant hazards consideration. Under the Comission's regula-tions 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

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e 7590-01 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.

The Comission has provided guidance for the application of these criteria by providing examples of amendments that are considered not likely to involve significant hazards considerations (48 FR 14870). The proposed change for Unit 1 is consistent with Comission example "(ii) A change that constitutes an additional limitation, restriction, or control not presently included in the technical specifications: for example, a more stringent surveillance requirement."

Unit I will contain a new limitation for operation as Technical Specification 3.3.4 and new, more stringent surveillance requirements as Technical Specification 4.3.4.

Both requirements are nonexistent on Unit i before this action. The proposed change for Unit 2 is consistent with Comission example "(vi) A change which either may result in sone increase to the probability or consequences of a previously-analyzed accident or may reduce in some way a safety margin, but where the results of the change are clearly within all acceptable criteria with respect to the system or component specified in the Standard Review Plan:

for example, a change resulting from the application of a small refinement of a previously used calculational model or design method." The change would modify surveillance requirements of Technical Specification 4.3.4 to substitute the farley Nuclear Plant

" Turbine Overspeed Reliability Program" for the existing standard technical specification surveillance requirements. We consider that the farley program is equal to or exceeds the Comission staff requirements.

The program has

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the added ob.fective of maintaining the high reliability of the Turbine Overspeed Protection ~ System. Therefore, based on these considerations and the three criteria given above, the Commission has made a proposed determination that the amendment request involves no significant hazards considera tion.

The Commission is seeking pubite 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. The Commission will not normally make a final determination unless it receives a request for a hearing.

Connents should be addressed to the Secretary of the Commission U.S.

Nuclear Regulatory Cornission, Washington, D.C.

20555, Attn: Docketing and Service Branch.

By December 21, 1983, the licensee may (fle a request 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 (fle a written petition for leave to intervene. Request for a hearing and petitions for leave to intervene shall be filed in accordance with the Connission's " R 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 Commission or an Atomic Safety and Licensing Board, designated by the Connission or by the Chairman of the Atomic Safety and Licensing Board Panel,

. _ _ _ _ _ _ _ - _ _ _ = _ - _ - - - - - - -

7590-01 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 appro-priate 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 it terest 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 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 sv..h an amended petition must satisfy the specificity requirements described above.

Not later than fif teen (15) days prior to the first prehearing conference scheduled in the precceding, 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

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7590-01 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 to at least one contention will not be permitted to participate as a party.

Those permitted to interveie becoce 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 a hearing is requested, the Commission will make a final determination on the issue of no significant hazards consideration. The final determina-tion 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 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 involves a significant hazards consideration, any hearing held would take place before the issuance of any amendment.

Normally, the Commission will not issue the amendment until the expir-ation 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 derating or shutdown of the facility, the Commission may issue the license amendment before the expiration of the 30-day notice

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7590-01 period, provided that its final determination is that'the amendment involves no significant hazards consideration. The final determination will consider all public and State comments received. Should the Commission take this action, it will publish a notice of issuance and provide for opportu.nfty for a hearing af ter issuance. The Commission 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 Connission, U.S. Nuclear Regulatory Commission, Washington, D.C.

20555, Attention: Docketing and Service Branch, or may be delivered to the Commission'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 Commission by a toll-free telephone call to Western Union at (800) 325-6000 (in Missouri (800) 342-6700). The Western Union operator should be given Datagram Identification Number 3737 and the following message addressed to Mr. S. A. Varga: 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 tent to the Executive Legal Of rector, U.S. Nuclear Regulatory Comnission, Washington.

0.C.

20555, and to George F. Trowbridge, Esquire,1800 M Street, N.W.,

Washington, D.C.

20036, 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 Atomic

I 7590-01 7-Safety and Licensing Board designated to rule on the petition and/or request, that the petitioner has made a substantial showing of good cause for the granting of late petition and/or request.

That determination will be 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 which is available for pubife 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 Bethesda, Maryland this 14th day of flovember 1933.

FOR THE NUCLEAR REGULATORY COMMISSION 1

M Steven,

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Operating Reactor Branch *1 Division of Licensing

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7590-01 UNITED STATES NUCLEAR REGULATORY COP 9(ISSION ALABAMA POWER COMPANY DOCKET NOS. 50-348 AND 50-364 NOTICE OF CONSIDERATION 0F ISSUANCE OF AMENDMENTS TO FACILITY OPERATING LICENSES AND PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION AND OPPORTUNITY FOR HEARING The U. S. Nuclear Regulatory Comission (the Comission) is considering

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issuance of amendments to Facility Operating License Nos. NPF-2 and NPF-8, issued to Alabama Power Company (the licensee), for operation of the Joseph M. Farley Nuclear Plant, Units Nos.1 and 2 (the facilities) located in Houston County, Alabama.

The amendments would delete the words "during shutdown" in Technical Specification 4.7.1.2.2.b.1 to allow scheduling of,the surveillance without requiring a plant shutdown on October 10, 1984 The surveillance involves verifying that each automatic valve in the auxiliary feed flow path actuates to its correct position on an automatic pump start signal.

The revisions to the Technical Specifications would be in accordance with the licensee's application for amendments dated August 17, 1984.

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

The Comission has made a proposed determination that the amendments request involve no significant hazards consideration. Under the Comission's regulations in 10 CFR 50.92, this means that operation of the Ytgj27 $1.

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7590-01 6 facility in accordance with the proposed amendments would not (1) involve a significant increase in the probability or consequences of an accident previously evaluated; or (2) cr'eate the possibility of a -new or different kind of accident from any accident previously evaluated: or (3) involve a significant reduction in a margiri of safety.

The licenste states that the change is an administrative change similar to Comission example "(1) A purely administrative change to technical specifications: for example, a change to achieve consistency throughout the technical specifications, correction of an error, or a change in nomenclature." We tend to agree. Our preliminary review indicates that the surveillance test can be accomplished safely without a reactor shutdown and would not involve a significant hazards consideration.

The Comissinn is seeking public coments on this proposed determination. Any coments received within 30 days after the date of publication of this notice will be considered in making any final determination.

The Comission will not nornally make a final determination unless it receives a request for a hearing.

Coments should be addressed to the Secretary of the Commission, U.S.

Nuclear Regulatory Comission, Washington, D.C.

20555, Attn:

Docketing and Service Branch.

By

, 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 Comission's " Rules of Practice for Domestic Licensing Proceedings" in 10

.o 7S90 0;

. 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, designated by the Commission or by the Chainnan 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 52.714, 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 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 BoIrd 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 fif teen (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 shall be

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7590-01

. limited to matters within the scope of the amendments 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.

If a hearing is requested, the Comission will make a final 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 amendments request involve no significant hazards consideration, the Commission may issue the amendments and make them effective, nt,twithstanding the request for a hearing.

Any hearing held would take place after issuance of the amendments.

If the final determination is that the amendments involve a significant hazards consideration, any hearing held would take place before the issuance of any amendments.

Normally, the Comission will not issue the amendments 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 in derating or shutdown of the facilities, the Comission may issue the license amendments before the expiration of the 30-day notice period, provided that its final detennination is that the amendments involve no significant hazards consideration.

The final determination will consider all public 'and State consnents received.

Should the Comission take this action, it will publish a notice of issuance and provide for opportunity for

7590-01 a hearing after issuance. The Commission expects that the need to take this action will occur very infrequent'ly.

A request for a hearing or a petition for leave to intervene must be filed with the Secretary of the Comission, U.S. Nuclear Regulatory Comission, Washington, D.C.

20555, Att: Docketing and 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 operator at (800) 325-6000 (in Missouri (800) 342-6700).

The Western Union operator should be given Datagram Identification Number 3737 and the following message addressed to Steven A. Varga, Branch Chief, Operating Reactors Branch No.1, Division of Licensing: petitioner's name and telephone number; date petition was mailed; plant name; and publication date and page number of the FEDERAL REGISTER notice.

A copy of the petition should also be sent to the Executive Legal Directot, U.S. Nuclear Regulatory Comission, Washington, D.C.

20555, and to George F. Trowbridge, Esquire, 1800 M Street, N.W., Washington, D.C.

20036, 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 Atomic Safety and Licensing Board designated to rule on the petition and/or request, that the petitioner has made a substantial showing of good cause for the granting of a late petition and/or request.

That determination will be based upon a balancing of the factors specified in 10 CFR 2.714(a)(1)(1)-(v) and 2.714(d).

.h 7590 03.

For further details with respect to this action, see the application for the 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 Bethesda, Maryland, this 4th day of September 1984.

FOR THE NUCLEAR REGULATORY COMMISSION

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venA.'Varga,YSA' Chief Operating Reactors Bra No. 1 Division of Licensing i

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i UNITED STATES NUCLEAR REGULATORY C0lWISSION ALABAMA POWER COMPANY DOCKET NOS. 50-348 AND 50-364 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENTS TO FACILITIES OPERATING LICENSES AND PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION The U. S. Nuclear Regulatory Comission (the Comission) is considering issuance of amendments to Facility Operating License Nos. NPF-2 and NPF-8 issued to Alabama Power Company (the licensee), for operation of the Joseph-M.

Farley Nuclear Plant Unit Nos.1 and 2 (the facilities) located in Houston County, Alabama.

The amendments would correct an administrative error in the Technical Specifications relating to testing and inspection of the river water system which would require unnecessary shutdown of both units for the tests. The changes would delete the words "during shutdown" from Technical Specification 4.7.5.b so that these tests and inspections could be conducted during operation.

The changes are in accordance with the licensee's application for amendments dated June 20, 1983, as supplemented June 29, 1983.

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) and the Comission's regulations.

l The Comission has made a proposed determination that the amendments request involves no significant hazards consideration.

Under the Comission's regulations in 10 CFR 50.92, this means that operation of the facilities in accordance with i

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I the proposed amendments would not (1) involve a significant increase in the proba-bility 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.

The Commission has provided guidance concerning application of standards considered not likely to involve significant hazards considerations by providing certain examples (48 FR 14870).

One of the examples of amendments considered not likely to involve a significant hazards consideration is a purely administrative change to Technical Specifications; for example, a change to correct an error.

The proposed amendments fit this example.

The change is purely administrative to correct an error made when the Technical Specifications were issued.

The change would delete the words "during shutdown" from Specification 4.7.5.b.

The error, if not corrected, would require shutdown of both units to accomplish checks which can be performed at the required 18 month interval without shutting down the plants.

Two checks are done to demonstrate operability of each river water loop.

One check operates a diversion valve on a low pond level signal to divert river water from the pond to the service water wet pit.

River water flowing to either the pond or to the wet pit will maintain the existing margin of safety as the wet pit overflows back to the pond which is a holding basin.

The second check is to traverse the ground area above the buried river water piping to visually inspect for leakage.

This check also does not depend upon status of plant operation.

Both tests of Specification 4.7.5.b will be accomp-lished at the required intervals and deletion of the words "during shutdown" l

will have no effect on plant safety.

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Therefore, based on these considerations and the three criteria given above, the Comission has made a proposed determination thati the amendments request involves no significant hazards consideration.

The Comission has determined that failure to act in a timely way would result in shutdown of both Farley units to accomplish tests that the licensee now states can be accomplished without the plants being shutdown.

Therefore,

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the Comission has insufficient time to issue its usual 30-day notice of the proposed action for public comment.

If the proposed determination becomes final, an opportunity for a hearing will be published in the Federal Register at a later date and any hearing request will not delay the effective date of the amendments.

If the Comission decides in its final detennination that the amendments do involve a significant hazards consideration, a notice of opportunity for a prior hearing will be published in the Federal Register and,'if a hearing is granted, it will be held before any amendments are issued.

The Comission is seeking public coments on this proposed detennination l

l of no significant hazards consideration.

Coments on the proposed determination i

may be telephoned to Steven A. Varga, Chief of Operating Reactors Branch No.1, by collect call to 301-492-8035 or submitted in writing to the Secretary of the i

l Comission, U. S. Nuclear Regulatory Comission, Wasington, D. C.

20555, Attention:

Docketing and Service Branch.

All coments received by August 1, 1983, will be considered in reaching a final determination.

A copy of the 1

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7590-01 4-application may be examined 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 Bethesda, Maryland, this 6th day of July 1983.

-FOR THE NUCL R F GULATORY COMMISSION h

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rga, Chi f Operating Reactors Br h No. 1 Division of Licensing i

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UNITED STATES NUCLEAR REGULATORY COMMISSION ALABAMA POWER COMPANY

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NOTICE OF CONSIDERATION OF ISSUANCE'0F' AMENDMENT TO FACILITY OPERATING LICENSE ~AND' PROPOSED'NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION'AND' OPPORTUNITY FOR HEARING The U. S. Nuclear Regulatory Comission (tae Comission) is considering issuance of art amendEent to Facility Operating License No. NPF-3.. issued to Alabama Power Company (the licensee), for operation of the Joseph M. Farley Nuclear Plant Unit No. 2 (the fac1Tity), located in. Houston County, Alabama.

The amendment would waive turbine valve cycle tists on a-one time basis for the remainder of Cycle 2 operation.. Tests involve cycling sixteen turbine valves weekly to show full stroke capability... A simi. Tar waiver was granted at the end of the last operating' cycle pending completion of a long tem evaluation not yet completed. The proposed change is in accordance with the l

1.icensee's application for amendment dated May 27, T-983.

Before 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 Comission's regulations.

The Comission has made a proposed determination that. the amendment l

request involves no significant hazards consideration. Under the Comission's

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regulations in 10 CFR 50.92, this means that operation of the fa'cility in i

accordance with the proposed amendment would not (1.) involve a significant increase in the probability or consequences of an accident previously evaluated; i

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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.

The change is needed to preclude o'perational plant transients as the reactor core nears end of life.. The action is identical to. one wh'ich we"have reviewed previously for this plant.

(Our Safety Evaluation was enclosed with Amendment No. 18 to NPF-8, dated October 8,. 1982.)

Power reductions to 90%

are needed to test. Testing.on a weekly basis has been done during the current operating cycle which started in early December 1982. No. valve failures have been reported for the approximate twenty-seven tests of each of sixteen valves.

Plant shutdown is scheduled in September 1983 for Cycle 3 refueling.

The waiver request would delete tests for the remaining approximate nine weekly tests and eliminate power reductions.

The Conmiission has provided guidance concerning the application of standards of no significant hazards detennination by providing certain examples (48 FR 14870).

One of the examples (iv) relates to granting relief upon demonstration of accep-able operation from an operating restriction.

Although the proposed waiver in testing is not in itself an. operating restriction, the testing creates operating restrictions. These restrictions may be Tifted for the remainder of Cycle 2 operation without increasing the probability or consequences of an accident i

previously evaluated and without a signif.icant reduction in existing safety margin, because prior testing during this cycle as well as during Cycle 1, have

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already demonstrated acceptable operation of these sixteen turbine valves.

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The Comission is seeking public comments on this proposed det'emination.

Any coments received within 30 days.after the date of publication of this notice will be considered in making any final determination.

The Comission will not

. nonnally make a final detemination unless it receives a request for a hearing.

Comments should be addressed to the Secretary of the Comission, U.S.

Nuclear Regulatory Comission, Washington, D. C.

20555, Attention:

Docketing and Service Branch.

By JQly 29, 1983, the licensee may file a request for a hearing with j

respect to issuance of the amendment to the subject facility operating license and any persort 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 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, designated by the Comission 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 arr appropriate order.

As required by 10 CFR 52.714, 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 k

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, f particular reference to the following factors:

(1) the nature of the petitioner's right under the Act to be made a par' y to the proceedi.ng; -(2) the nature and t

extent of the petitioner's property, financial, or other 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 identiff,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 sucht 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 reason-able specificity. Contentions shall be limited to matters within the scope of the amendment under consideration. A petitioner who fails to file such a supple-ment-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 oppor-tunity to participate fully in the conduct of the hearing, including the oppor-tunity to present evidence and cross-examine witnesses.

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If a hearing is requested, the Comission will make a final deterinination on the issue of no significant hazards consideration.

The final determination will serve to decide when the hearing is held.

If the final detennination is that the amendment request involves no signif-icant hazards consideration, the Comission may issue the amendknt and make it effective, notwithstanding the request for a hearing.

Any hearing held would take place after issuance of the amendment.

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If the final determination is that the amendment involves a significant hazards consideration, any hearing held would take place before the issuance of any 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 derating or shutdown of the facility, the Comission 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 Comission take this action, it will publish 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.

A request for a hearing or a petition for leave to intervene must be filed with the Secretary of the Comission, U.S. Nuclear Regulatory Comission,

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Washington, D.Ce 20555, Attention:

Docketing and Service Branch,'or'may be delivered to the Commission's Public Document Room,1717 H Street, N W Washington, D.C., by the above d.hte.

Where petitions are filed during the last an (10) days of the notice period, it is requested that the petition promptly so inform the Comission by a toll-free telephone call-to Western Union at (800) 325-6000 (in Missouri (800) 342-6700).

The Western Union operator should be given Datagram Identification Number 3737 a message addressed to Steven A. Varga, Chief, Operating Reactors Branc 1,

Division _of Licensing:

petitioner's name and telephone number; date petition was mailed; plant name; and publication date and page number of this REGISTER notice.

A copy of the petition should also be sent to the Executive Legal Director, U.S. Nuclear Regulatory Comission, Washington

, D.C.

20555, and to George F. Trowbridge, Esquire, 1800 M Street, N.W., Washingt

, D.C.

20036, attorney for the licensee.

Nontimely filings of petitions for leave to intervene, amended petitio supplemental petitions and/or requests for hearing will not be entertaine absent a determination by the Comission, the presiding officer or the Safety and Licensing Board designated to rule on the petition and/o

uest, that the petitioner has made a substantial showing of good cause f i

or the granting of a late petition and/or request.

That determination will be based

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upon a balancing of the factors specified in 10 CFR 2.714(a)(1)(1)-(v) and 2.714(d).

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7590-01

( For further details with respect to this action, see the application for amendment which is available for public inspection at the Comission's Public Document Room, 1717 H Street, N.W., Washington, D.C., and at the George S. Houston Memorial ibrary, 212 W. Burdeshaw Street, Dothan,'

l Alabama 36303.

Dated at Bethesda, Maryland, this 24th day of June 1983.

FOR THE NUCLEAR REGULATORY COMMISSION

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f David L..Wigginton, Acting Chief Operating Reactors Branch No. 1 Division of Licensing l

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