ML16138A632
| ML16138A632 | |
| Person / Time | |
|---|---|
| Site: | Oconee  |
| Issue date: | 06/30/1988 |
| From: | Mathhews D, Rouse L NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS), Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML16138A633 | List: |
| References | |
| NUDOCS 8807130409 | |
| Download: ML16138A632 (6) | |
Text
7590-01 UNITED STATES NUCLEAR REGULATORY COMMISSION DOCKET NOS. 72-4, 50-269/2707287 DUKE POWER COMPANY NOTICE OF CONSIDERATION OF ISSUANCE OF A MATERIALS LICENSE FOR THE STORAGE OF SPENT FUEL AND OF AMENDMENTS TO FACILITY OPERATING LICENSES AND NOTICE OF OPPORTUNITY FOR A HEARING The Nuclear Regulatory Commission (the Commission) is considering an application dated March 31, 1988, for a materials license, under the provisions of 10 CFR Part 72, from Duke Power Company (the applicant) to possess spent fuel and other radioactive materials associated with spent fuel storage in an independent spent fuel storage installation (ISFSI) located in Oconee County, South Carolina. If granted, the license will authorize the applicant to store spent fuel in a dry storage concrete module system at the applicant's Oconee Nuclear Station site for Units 1,2,3, (Operating Licenses DPR-38, 47, and 55).
Pursuant to the provision of 10 CFR Part 72, the term of the license for the ISFSI would be twenty (20) years.
The Commission is also.considering issuance of amendments to Facility Operating Licenses Nos. DPR-38, DPR-47, and DPR-55 that would revise the Station's common Technical Specifications (TS) to allow the use of multi-element spent fuel dry shielded canisters (DSC). The DSC situated within a transfer cask would be loaded with spent fuel underwater in the spent fuel pools. The loaded DSC would then be transferred by the transfer cask from the spent fuel building to a reinforced concrete module, the independent spent fuel storage installation (ISFSI). The proposed TS revisions address the movement and handling of the transfer cask and DSC in the existing facility.
To mitigate the consequences of potential cask drop events, the current TS 3.8.13 limits movement of spent fuel casks in the Oconee spent fuel pools.
880730409 8806:30 PDR ADOCK 05000269 PEIC
2 To allow the use of the heavier DSC/transfer cask, the licensee proposes to add TS 3.18.13.c and d. The amendments also propose revision to TS 5.4.2.3 to identify the ISFSI as a storage location for spent fuel.
Revised radiological consequence calculations for a hypothetical worst-case cask drop of the loaded DSC and transfer cask show that for the Oconee Units 1 and 2 spent fuel pool the spent fuel stored in the first 64 rows of the storage racks closest to the cask handling area must have decayed for 65 days for the radiation dose resulting from the incidental cask drop event to be below the limits set forth in 10 CFR Part 100.
For Oconee Unit 3 spent fuel pool, all of the spent fuel must have decayed a minimum of 57 days.
Prior to issuance of the requested license and the proposed reactor operating license amendments, the Commission will have made the findings required by the Atomic Energy Act of 1954, as amended (the Act), and the Commission's rules and regulations. The issuance of the materials license and the proposed reactor operating license amendments will not be approved until the Commission has reviewed the proposal and has concluded that approval of the license and the amendments will not be inimical to the common defense and security and will not constitute an unreasonable risk to the health and safety of the public. The NRC will complete an environmental evaluation, in accordance with 10 CFR Part 51, to determine if the preparation of an environmental impact statement is warranted or if an environmental assessment and Finding of No Significant Impact are appropriate. This action will be the subject of a subsequent notice in the FEDERAL REGISTER.
Pursuant to 10 CFR 2.105 and 2.1107, by AUG 0 9 1988
, the licensee may file a request for a hearing; and any person whose interest may be affected by this proceeding may file a request for a hearing in the form of a petition for leave to intervene with respect to the subject materials license and/or with respect to the proposed reactor operating license amendments in accordance with the provisions of 10 CFR 2.714. If a request for 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. In the event that no request for
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'hearing or petition for leave to intervene is filed by the above date, the Commission may, upon satisfactory completion of all evaluations, issue the materials license and the reactor license amendments without further prior notice.
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 that may be entered in the proceeding on the petitioner's interest. The petition should also identify the specific aspect(s) of the subjectmatter of the proceeding as to which petitioner wishes to intervene and should identify whether such aspect relates to the requested materials license or to the proposed reactor license amendments. Any person who has filed a petition for leave to intervene or who has been admitted as a party may amend a petition, without prior approval of the presiding officer at any time up to 15 days prior to the holding of the first prehearing conference, 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, the petitioner shall file a supplement to the petition to intervene which must include a list of contehtions that are sought to be litigated in the matter, and the bases for-each contention set forth with reasonable specificity. A petitioner who fails to file such a supplement which satisfies these requirements with respect to at leas't 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.
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, D.C. 20555, Attention: Docketing and Service Branch, or may be delivered to the Commission's Public Document Room, 1717 H Street, N.W.
- 4.
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 1-(800) 325-6000 (in Missouri 1-(800) 342-6700). The Western Union operator should be given Datagram Identification Number 3737 and the following message addressed to Richard E. Cunningham, Director, Division of Industrial and Medical Nuclear Safety, Office of Nuclear Material Safety and Safeguards; or if the hearing is sought on the reactor amendments to David B. Matthews, Director, Project Directorate 11-3, Division of Reactor Projects I/II, Office of Nuclear Reactor Regulation:
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 A. V. Carr, Esq., Duke Power Company, 422 South Church Street, Charlotte, North Carolina, 28242, attorney for the applicant.
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).
The Commission hereby provides notice that the materials licensing aspects of this proceeding concern an application for a license falling within the scope of section 134 of the Nuclear Waste Policy Act of 1982 (NWPA), 42 U.S.C. § 10154.
Under section 134 of NWPA, the Commission, at the request of any petitioner or any party to the proceeding, must use hybrid hearing procedures with respect to "any matter which the Commission determines to be in controversy among the parties."
The hybrid procedures in section 134 provide for oral argument on matters in controversy, preceded by discovery under the Commission's rules, and the designation, following argument, of.only those factual issues that involve a genuine and substantial dispute, together with any remaining questions of law, to be resolved in an adjudicatory hearing. Actual adjudicatory hearings are to be held on only those issues found to meet the criteria of section 134 and set for hearing after oral argument.
5 The Commission's rules implementing section 134 of the NWPA are found in 10 CFR Part 2, subpart K, "Hybrid Hearing Procedures for Expansion of Spent Nuclear Fuel Storage Capacity at Civilian Nuclear Power Reactors," (published at 50 FR 41662, October 15, 1985). Under those rules, any party to the proceeding may invoke the hybrid hearing procedures by filing with the presiding officer a written request for oral argument under 10 CFR 2.1109.
To be timely, the request must be filed within ten (10) days of an order granting a request for hearing or petition to intervene.
(As outlined above, the Commission's rules in 10 CFR Part 2, subpart G continue to govern the filing of requests for a hearing or petitions to intervene, as well as the admission of contentions.)
The presiding officer may grant an untimely request for oral argument only upon a showing of good cause by the requesting party for the failure to file on time and after providing the other parties an opportunity to respond to the untimely request. If the presiding officer grants a request for oral argument, any hearing held on the application shall be conducted in accordance with the hybrid hearing procedures. In essence, those procedures limit the time available for discovery and require that an oral argument be held to determine whether any contentions must be resolved in an adjudicatory hearing. If no party to the proceeding requests oral argument, or if all untimely requests for oral argument are denied, then the usual procedures in 10 CFR Part 2, subpart G apply.
If a request for a hearing is received on the proposed reactor operating license amendments, 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 considerations in accordance with 10 CFR 50.91 and 50.92.
6 For further details with respect to this action, see the application dated March 31, 1988, which is available for public inspection at the Commission's Public Document Room, 1717 H Street, N.W., Washington, D. C.
20555, and at the local public document room at the Oconee County Library, 501 West South Broad Street, Walhall.a, South Carolina 29691. The Commission's license and Safety Evaluation Report, when issued, may be inspected at the above locations.
Dated at Rockville, Maryland, this 30th day of June.
FOR THE NUCLEAR REGULATORY COMMISSION Leland C. Rouse, Chief Fuel Cycle Safety Branch Division of Industrial and Medical Nuclear Safety and David B. Matthews, Director Project Directorate 11-3 Division of Reactor Projects-I/II OFC F:GC
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