[Federal Register Volume 68, Number 50 (Friday, March 14, 2003)]
[Notices]
[Pages 12382-12384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-6159]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-327]


Tennessee Valley Authority; Notice of Consideration of Issuance 
of Amendment to Facility Operating License, Proposed No Significant 
Hazards Consideration Determination, and Opportunity for a Hearing

    The U.S. Nuclear Regulatory Commission (NRC or the Commission) is 
considering issuance of an amendment to Facility Operating License DPR-
77 issued to the Sequoyah Nuclear Plant (SQN) for operation of Unit 1 
located in Hamilton County, Tennessee.

[[Page 12383]]

    The proposed amendment would revise the SQN, Unit 1, Updated Final 
Safety Analysis Report (UFSAR). The revision provides a change in 
methodology using a through-bolted connection frame methodology that is 
different than the original design and construction of the Unit 1 steam 
generator (SG) roof compartment. This proposed frame methodology is 
described in Topical Report No. 24370-TR-C-003, Revision 1, and is 
requested for implementation upon the restoration of the roof 
compartment as part of the upcoming SG replacement project for SQN, 
Unit 1.
    Before issuance of the proposed license amendment, 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 determination that the amendment 
request involves no significant hazards consideration. Under the 
Commission's regulations in Title 10 of the Code of Federal Regulations 
(10 CFR), section 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 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. Does the proposed change involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    No. The probability of occurrence or the consequences of an 
accident are not increased as presently analyzed in the safety 
analyses since the objective of the event mitigation is not changed. 
No changes in event classification as discussed in UFSAR Chapter 15 
will occur due to the modification of the Unit 1 steam generator 
(SG) compartment roof design.
    The grout used to fill the gap between the replaced concrete and 
the surrounding concrete, like the surrounding concrete, could 
``theoretically'' experience the formation of micro-cracks when 
subjected to the design pressure load. Conservative estimates of the 
flow path through these micro-cracks yield values that are 
numerically insignificant when compared to the allowable divider 
barrier bypass leakage. Micro-cracks resulting from the design 
pressure load will have a negligible effect on the function of the 
divider barrier and the analyses that depend on the divider barrier. 
Therefore, the containment design pressure is not challenged, 
thereby ensuring that the potential for increasing offsite dose 
limits above those presently analyzed at the containment design 
pressure of 12.0 pounds per square inch (psi) is not a concern.
    Therefore, the proposed modification to the Unit 1 SG 
compartment roof design will not significantly increase the 
probability or consequences of an accident previously evaluated.
    2. Does the proposed change create the possibility of a new or 
different kind of accident from any accident previously evaluated?
    No. The possibility of a new or different accident situation 
occurring as a result of this condition is not created. The SG 
compartment roof forms part of the divider barrier. This barrier is 
not an initiator of any accident and only serves to force steam that 
is released from a loss-of-coolant accident/design basis accident 
(LOCA/DBA) to pass through the ice condenser. The failure of any 
part of the divider barrier is considered critical since it would 
allow LOCA/DBA steam to bypass the ice condenser, thereby increasing 
the pressure within the primary containment.
    As discussed in the UFSAR, there is a maximum calculated leakage 
of 250 cubic feet per minute (cfm) between the upper and lower 
containment through the divider barrier. The amount of leakage 
between the two sections of the containment will not be 
significantly affected by the restoration of the SG compartment 
roofs. The use of non-shrink grout to seal the joint created between 
the concrete sections and the remaining structure will maintain the 
boundaries between upper and lower containment. It is noted that any 
leakage due to possible cracks in the grout, particularly under DBA 
loading, will be extremely small and therefore insignificant.
    Therefore, the potential for creating a new or unanalyzed 
condition is not created.
    3. Does the proposed change involve a significant reduction in a 
margin of safety?
    No. A design DBA differential pressure assumed in the original 
design of the SG compartment roof is 23 percent higher than the 
maximum calculated differential pressure of 19.52 psi. Since the 
same design differential pressure was also used in the modified SG 
compartment roof stress evaluation, the margin of safety was not 
reduced.
    As discussed previously, the amount of leakage that bypasses the 
divider barrier will not be affected by the restoration of the SG 
compartment roofs. The use of non-shrink grout to seal the joint 
created between the concrete sections and the remaining structure 
will maintain the boundaries between upper and lower containment. 
Hence, the worse-case accident conditions for the containment will 
not be affected by the proposed modifications.
    Therefore, a significant reduction in the margin to safety is 
not created by this modification.

    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 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 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 in the Federal 
Register a notice of issuance and provide for opportunity for a hearing 
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, Rules and 
Directives 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 to 
Room 6D59, Two White Flint North, 11545 Rockville Pike, Rockville, 
Maryland, from 7:30 a.m. to 4:15 p.m. Federal workdays. Documents may 
be examined, and/or copied for a fee, at the NRC's Public Document 
Room, 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.
    By April 14, 2003, 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 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

[[Page 12384]]

CFR part 2. Interested persons should consult a current copy of 10 CFR 
2.714,\1\ which is available at the Commission's Public Document Room, 
located at One White Flint North, 11555 Rockville Pike (first floor), 
Rockville, Maryland, or electronically on the Internet at the NRC Web 
site http://www.nrc.gov/reading-rm/doc-collections/cfr/. If there are 
problems in accessing the document, contact the Public Document Room 
Reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to 
[email protected]. 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 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.
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    \1\ The most recent version of Title 10 of the Code of Federal 
Regulations, published January 1, 2002, inadvertently omitted the 
last sentence of 10 CFR 2.714(d) and subparagraphs (d)(1) and (2), 
regarding petitions to intervene and contentions. For the complete, 
corrected text of 10 CFR 2.714(d), please see 67 FR 20884; April 29, 
2002.''
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    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 made 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 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 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. Each contention must 
consist of a specific statement of the issue of law or fact to be 
raised or controverted. In addition, the petitioner shall provide a 
brief explanation of the bases of 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 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. Petitioner must provide 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 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 Commission 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 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: Rulemakings and 
Adjudications Staff, or may be delivered to the Commission's Public 
Document Room (PDR), located at One White Flint North, Public File Area 
O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland, by the 
above date. Because of the continuing disruptions in delivery of mail 
to United States Government offices, it is requested that petitions for 
leave to intervene and requests for hearing be transmitted to the 
Secretary of the Commission either by means of facsimile transmission 
to 301-415-1101 or by e-mail to [email protected]. A copy of the 
petition for leave to intervene and request for hearing should also be 
sent to the Office of the General Counsel, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, and because of continuing 
disruptions in delivery of mail to United States Government offices, it 
is requested that copies be transmitted either by means of facsimile 
transmission to 301-415-3725 or by e-mail to [email protected]. A 
copy of the request for hearing and petition for leave to intervene 
should also be sent to General Counsel, Tennessee Valley Authority, 400 
West Summit Hill Drive, ET 10H, Knoxville, Tennessee 37902, 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)(i)-(v) and 2.714(d).
    For further details with respect to this action, see the 
application for amendment dated February 14, 2003, which is 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 or who 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 [email protected].

    Dated at Rockville, Maryland, this 10th day of March, 2003.

    For the Nuclear Regulatory Commission.
Raj K. Anand,
Senior Project Manager, Section 2, Project Directorate II, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 03-6159 Filed 3-13-03; 8:45 am]
BILLING CODE 7590-01-P