ML14175A670

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Notice of Proposed Issuance of Amend to OL DPR-23
ML14175A670
Person / Time
Site: Robinson Duke Energy icon.png
Issue date: 12/30/1980
From: Varga S
Office of Nuclear Reactor Regulation
To:
Shared Package
ML14175A671 List:
References
NUDOCS 8102090348
Download: ML14175A670 (5)


Text

7590-01 UNITED STATES NUCLEAR REGULATORY COMMISSION DOCKET NO.

50-261 CAROLINA POWER AND LIGHT COMPANY NOTICE OF PROPOSED ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE The United States Nuclear Regulatory Commission (the Commission) is considering issbance of an amendment to Facility Operating License No. DPR 23, issued to Carolina Power and Light Company (the licensee), for operation of the H. B. Robinson Steam Electric Plant, Unit No. 2 located in Darlington County, South Carolina.

The amendment would revise the provisions in the Technical Specifications relating to the spent fuel pool.

This change would permit the licensee to replace some of the storage racks in 'the present spent fuel pool with high density, poisoned racks, increasing its capacity from 276 fuel assemblies to 534 fuel assemblies, in accordance with the licensee's application for amendment dated December 1, 1980.

Prior to 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.

By February 17,1981, 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 petition for leave to intervene. Requests for a hearing and petitions for leave to intervene shall be filed in accordance with the

7590-01

-2 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 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.

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 pro ceeding, 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 with out 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.

7590-01 Not later than fifteen (15) days prior to the first prehearing conference scheduled in the proceeding, a petitioner shall file a supple ment 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 con sideration. 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 shall be filed with the Secretary of the Commission, United States Nuclear Regulatory Commission, Washington, D. C. 20555, Attention:

Docketing and Service Section, 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 or representative for 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

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-4 message addressed to Steven A. Varga, Chief, Operating Reactors Branch #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 Commission, Washington, D. C. 20555, and to G. F. Trowbridge, Esquire, Shaw, Pittman, Potts and Trowbridge, 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 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)(i)(v) and §2.714(d).

For further details with respect to this action, see the application for amendment dated December 1, 1980, which is available for public inspec tion at the Commission's Public Document Room, 1717 H Street, N.W., Washington, D. C., and at the Hartsville Memorial Library, Home and Fifth Avenues, Hartsville, South Carolina 29550.

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7590-01

-5 Dated at Bethesda, Maryland, this 30th day of December 1980.

FOR THE NUCLEAR REGULATORY.COMMISSION teven A. Varga, Ch Operating Reactors nch #1 Division of Licensing